Sales and/or Fundraising

Contents

• On-Campus Sales and/or Fundraising
• Guidelines
• Application and Permit Procedures
• Gambling, Raffles and Drawings
• Bake Sale Requirements
• Concession Sale Requirements
• Taxes
• Off-Campus Sales and/or Fundraising

On-Campus Sales and/or Fundraising

Student groups officially registered with the University of Minnesota may conduct sales and/or fundraising activities, up to five (5) days per semester, using University facilities in accordance with the following guidelines. The following policy gives student groups this opportunity and must be adhered to in order to remain in good standing with the University of Minnesota.

Guidelines

Failure to meet the following guidelines will result in your application not be reviewed/approved by Student Unions & Activities (SUA).

1. All on-campus sales and/or fundraisers, including the solicitation of donations, must be reviewed and approved by Student Unions & Activities.
2. Applications must be submitted a minimum of ten (10) business days prior to the sale and/or fundraiser.
3. Approved sales and/or fundraisers will receive a permit that must be displayed at the site of the sale and/or fundraiser.
4. Student groups applying for a permit must be registered and in good standing with Student Unions & Activities.
5. The person filing the application must be an officer as registered with Student Unions & Activities.
6. Student groups may be given a permit for a maximum of five (5) days per group per semester.
7. A group's privileges of engaging in sales and/or fundraising activities is subject to immediate cancellation if the methods used interfere with general University operations, are disorderly, improper, obstruct traffic, or if they otherwise interfere with an individual's rights to privacy and/or freedom from harassment.
8. Proceeds must go back to the student group, unless monies raised are intended to benefit an off-campus agency or group. Off-campus agencies and groups, profit or nonprofit, shall not be permitted to solicit funds on campus unless they have a contract with the University of Minnesota or are sponsored by a student group as a fundraising activity in following procedures outlined by Student Unions & Activities. No individuals may profit as a result of the sale and/or fundraiser.
9. Vendors sponsored by student groups are restricted to designated areas in Coffman Memorial Union and the St. Paul Student Center and must abide by policies and procedures defined by those facilities and/or their responsible administrator(s).
10. Sales and/or fundraising activities shall not be conducted in classrooms, campus offices, residential facilities, and/or other University buildings, without the express consent of the instructor or appropriate administrator.
11. Sales and/or fundraising activities involving food must comply with the Policy for Serving Food or Refreshments on University Property in association with meetings, social gatherings, and special events; including filing all necessary permits with the Department of Environment Health and Safety. Bake Sales can occur once per semester per student group.
12. Ticket sales for events need not apply for a sales and/or fundraising permit.
13. Gambling is illegal in the State of Minnesota without an approved permit. Student groups generally may not conduct any gambling tournaments or games of chance with or without a permit from the state and may ONLY conduct a raffle with an approved permit from the Minnesota Gambling Control Board. Please see below for more details on gambling.
14. Donation jars and/or donation solicitation are considered fundraising on campus and do need a permit. Solicitation of donations is also limited to the five (5) days per semester guideline.

Application and Permit Procedures

1. Reserve Student Unions & Activities space at the Events and Conferences Office in 309 Coffman Union or Room 42 St. Paul Student Center or online. For University of Minnesota outdoor space, complete the online application. For University of Minnesota classroom space, complete the online application.
2. If you need assistance completing the sales and/or fundraising permit application, you can meet with a Student Activities staff member. Walk-in and scheduled appointments are available by calling: (612) 626-6919.
3. If approved, a copy of the permit will be emailed to the student group officer's address listed on the permit application. A copy of the permit must be posted at the sale and/or fundraiser.
4. The student group must save all receipts for expenses incurred as a result of the sale and/or fundraiser and a deposit slip of the amount received from the sale and/or fundraiser. Student Activities reserves the right to request a financial report from any group should they deem it necessary. Should you be requested to submit a financial report, all receipts must be attached. Failure to respond to a request for a financial report will result in loss of all sale and/or fundraising privileges for the remainder of the academic year and could result in the loss of student group status.
5. Groups must comply with all University of Minnesota, local, state, and federal policies and guidelines. Failure to comply with these policies and procedures could affect student group status with Student Unions & Activities. This includes being responsible for any and all taxes associated with your sale and/or fundraiser.
6. Sales and/or fundraising permit applications may be denied if submitted less than ten (10) business days in advance.

Gambling, Raffles and Drawings

All forms of gambling are illegal in any location within the State of Minnesota without an approved gambling permit. Student groups are not eligible for a gambling permit with the State of Minnesota unless they have applied for and received 501(c) tax status with the Internal Revenue Service. Student Activities will not review any sales and/or fundraising permits with a gambling component that does not have a State of Minnesota Gambling Control Board permit attached. Below are acceptable activities that may be conducted without a charitable gambling permit.

Registered Student Organizations that have been legally organized and/or have 501(c) tax status with the IRS, should contact the Minnesota Gambling Control Board for more information on eligibility and how to obtain a charitable gambling permit at http://www.gcb.state.mn.us/ or 651-639-4000.

Campus Life Programs and departments/colleges/units of the University are eligible to conduct a raffle or other approved activity under the University's charitable gambling permit number. Please contact Beverly Moe Carpenter in the Office of General Counsel for a copy of the University's guidelines on charitable gambling and for more information on obtaining a charitable gambling permit through the University at beverlycarpenter@mail.ogc.umn.edu or 612-624-4100.

1. You may collect charitable donations at an event
2. You may have a drawing for prizes at your event. You may NOT sell tickets to enter a drawing for prizes. All prize drawings must be free for all who attend your event. There may be no real or implied cost for participation in your drawing. In events where there is a prize drawing, you may also collect donations or charge admission, however, participation in the drawing cannot be contingent on payment of the donation or admission cost (the two items must remain separate at all times).
3. Poker tournaments are allowed if there is no cost associated. No money may exchange hands at any time (no entry fee, no table fee, no fee per person, no personal money). You may play with chips that have no monetary value and participants may win prizes, but participants may not contribute financially to your event in any way.
4. Any questions regarding gambling should be directed to the State of Minnesota Gambling Control Board or Student Unions & Activities.

Drawings and Raffles

The following information is taken from the State of Minnesota Gambling Control Board Frequently Asked Questions Page.

What is a raffle?

A raffle is defined as a game in which a participant buys a ticket for a chance at a prize with the winner determined by a random drawing to take place at a location and date printed on the ticket.

Who is eligible to conduct a raffle?

Under Minnesota Statutes, section 349.12, organizations eligible to conduct a raffle are veteran, fraternal, religious, and other nonprofit organizations.

What is a Lottery?

A lottery is a plan which provides for the distribution of money, property or other reward or benefit to persons selected by chance from among participants some or all of whom have been given consideration for the chance of being selected.

How can I conduct a chance drawing without violating the law?

The Minnesota Supreme Court and state statute allow chance drawings which do not require consideration if: (1) the participant is not required to purchase a ticket for drawing in order to win a prize; (2) the participant must be allowed to enter the drawing without any consideration for a chance to win a prize.

A drawing organizer may not imply that a participant must pay a donation for the chance to win a prize (for example "Suggested Donation, $5") or may not coerce a participant to pay a donation for the chance to win a prize. If the organizer implies or coerces the participant in any manner, there is a substantial risk of violating law.

Must I keep records?

The Alcohol and Gambling Enforcement Division strongly suggests that those conducting a chance drawing maintain records of donations, number of participants, prizes awarded and the number of prizes awarded.

Bake Sale Requirements

For the protection of the group and for those purchasing foods, the following precautions must be taken:

1. Acceptable bake sale foods include items like bars, brownies, cookies, cakes, breads, fruit pies, doughnuts, etc. Not allowed: cream-filled pastries, éclairs, cream pies, etc.
2. All bake sale items shall be individually wrapped at the original point of preparation.
   1. a) Items to remain wrapped until sold.
3. Preparation may be completed in a home-type kitchen, with the reminder that only the bake sale items shall be prepared at this time. Food for individual consumption should not be prepared at the same time as bake sale items are prepared.
4. Bake sale items shall be transported in a covered container.
5. Individuals conducting the baking and/or wrapping or sale of food shall thoroughly wash their hands before handling the product. Do not to prepare or package baked items if experiencing nausea, diarrhea, or vomiting.
6. A sign or placard stating "Homemade/Not Inspected" must be posted at the sale site.

For the protection of the student group and for those purchasing foods, the Bake Sale Permit must be completed and submitted along with a Sales and/or Fundraising permit. Both forms can be found in the Student Group Forms Library.

For additional information an approvals, contact DEHS at dehs@umn.edu or at (612) 626-6002.

Concession Sale Requirements

For student groups interested in selling concessions at on-campus athletic venues as a fundraising opportunity, the following requirements apply:

Campus Life Programs (CLP)

1. CLP members must not serve and/or sell alcohol (if alcohol service and/or sales do happen, ARAMARK or University of Minnesota employees must handle the distribution and/or sale)
2. CLP members are provided general liability insurance coverage through the University of Minnesota
3. Agreements between ARAMARK and the Campus Life Program must be signed by a University administrator with authority to sign contracts (e.g., dean or department head)
4. Campus Life Programs must complete a Sales and/or Fundraising Permit Application and following all corresponding policies and procedures in order to sell concessions at on-campus athletic venues

Registered Student Organizations (RSO)

1. RSO members must not serve and/or sell alcohol (if alcohol service and/or sales do happen, ARAMARK or University of Minnesota employees must handle the distribution and/or sale)
2. RSO members are provided general liability insurance through the Lexington Policy for Registered Student Organizations on-campus activities
3. Agreements between ARAMARK and the Registered Student Organization must be signed by an officer of the Registered Student Organization; the University is not a party to the Registered Student Organization's contract
4. Registered Student Organizations must complete a Sales and/or Fundraising Permit Application and following all corresponding policies and procedures in order to sell concessions at on-campus athletic venues

Venues

Williams Arena, Sports Pavilion, Mariucci Arena, Ridder Arena and (Fall 2009) TCF Bank Stadium

Sports

Men's and Women's Basketball, Volleyball, Wrestling, Men's and Women's Gymnastics, Men's and Women's Hockey and Football

ARAMARK Contacts

Patricia Domagall: Domagall-Patricia@aramark.com
Ajay Sekhran: sekhran-ajay@aramark.com
Telephone: 612-625-4332
Fax: 612-625-8816
Mailing Address: ARAMARK, 1901 4th Street S.E., Minneapolis, MN 55455

For student groups interested in participating selling concessions at off-campus athletic venues as a fundraising opportunity, the following guidelines apply:

Campus Life Programs (CLP)

1. CLP members must not serve and/or sell alcohol (if alcohol service and/or sales do happen, concessionaire's employees must handle the distribution and/or sale)
2. CLP members are provided general liability insurance coverage through the University of Minnesota. If proof of insurance is requested, please contact the Office of Risk Management
3. Agreements between concessionaire and the Campus Life Program must be signed by a University administrator with authority to sign contracts (e.g., dean or department head)

Registered Student Organizations (RSO)

1. RSO's specifically do not have liability insurance coverage through the University of Minnesota for off-campus concession sales. Further, the University of Minnesota does not recommend that RSO's sell or distribute alcohol as part of their concession sales agreement.
2. RSO would need to provide own liability insurance or pay for insurance provided by concessionaire (policy should include liquor liability coverage if Registered Student Organization is serving alcohol)
3. Agreement between concessionaire and RSO must include a statement that the Registered Student Organization is not part of the University and that University is not responsible for acts or omissions of the Registered Student Organization

Taxes

Registered Student Organizations shall be responsible for collecting taxes from purchasers and for payment of these and other taxes to appropriate government agencies. Individuals and student groups desiring to determine whether the collection and payment of the sales tax and/or income tax is necessary shall be responsible for consulting with appropriate government agencies.

Off-Campus Sales and/or Fundraising

1. University Campus Life Programs (CLPs) wishing to solicit donations or contributions from off-campus sources must obtain the approval of the Office of the Director of the University of Minnesota Foundation if all of the following conditions are true:
   1. The money solicited would be given to the student group for its use.
   2. The money would be channeled to the student group through the University.
   3. The amount of money sought is $1,000 or more.
2. All contributions received by CLPs from off-campus sources, with or without approval from the University of Minnesota Foundation, must be channeled through the University of Minnesota Foundation and as such, may be tax deductible for the giver (Registered Student Organizations do not have this ability).
3. Off campus sales by CLPs need to be approved by the External Sales Department of the University consistent with University policy on external sales.