[Mid] Fw: [SCA-dist2] Policy sent to the BoD (fwd)

Phlip

phlip@morganco.net

Philippa Farrour
Caer Frig
Southeastern Ohio

The World's Need

So many Gods, so many creeds,
So many paths that wind and wind,
When just the art of being kind
Is all this sad world needs.

- Ella Wheeler Wilcox
-----Original Message-----
From: Pug Bainter <pug@pug.net>
To: bvc@ansteorra.org <bvc@ansteorra.org>; mk-bnv@midrealm.org
<mk-bnv@midrealm.org>; SCA-dist2@onelist.com <SCA-dist2@onelist.com>;
SCAGC-L@LISTSERV.AOL.COM <SCAGC-L@LISTSERV.AOL.COM>
Date: Thursday, June 17, 1999 3:58 PM
Subject: [SCA-dist2] Policy sent to the BoD (fwd)

>From: Pug Bainter <pug@pug.net>
>
>I am forwarding this with permission. This is under *review* by the
>BoD and is not final policy. This is being forwarded to let people know
>that progress is being made and what that progress is.
>
>In Service,
>
>--
>Phelim "Pug" Gervase | "I want to be called. COTTONTIPS. There is
something
>Barony of Bryn Gwlad | graceful about that lady. A young woman bursting
with
>House Flaming Dog | vigor. She blinked at the sudden light. She writes
>pug@pug.net | beautiful poems. When ever shall we meet again?"
> Note: The views do not reflect the SCA nor the Kingdom of Ansteorra.
>
>----- Forwarded message from Rurik <rurik@ccgnv.net> -----
>
>From: Rurik <rurik@ccgnv.net>
>
>I received this from Duke Andrew this afternoon. So, I'm passing it on to
>you. This has already been sent to the BoD for review. It is the results
>of the research done by him and 3 lawyers, all of whom are SCA members.
>
>
>Rurik
>
>-----------------------------
>
>RE: Alcohol Policy
>
>Important Note:
>
>This entire discussion applies to the United States and its territories,
>and not to any foreign country where the SCA has branches or other
>subdivisions. The laws of other countries must be addressed on a
>case-by-case basis.
>
>Background:
>
>Several weeks before the April 19, 1997 second quarter Board meeting
>held in Rockville, Maryland, our insurance underwriters requested and
>received one month's worth of all kingdom newsletters. Upon review, the
>underwriters expressed significant concern regarding the use of alcohol
>within the SCA. It was called to our attention that the general liability
>policy does not offer coverage in the event of a loss of property damage
>or personal injury should the SCA be found liable, if that damage or
>injury results from our organization having been in the business of
>"manufacturing, distributing, selling, serving, or furnishing alcoholic
>beverages."
>
>Ultimately, after conferring with our attorneys and insurance agent,
>this lead to the "Alcohol Policy" which was instituted at the July 26,
>1997 third quarter Board meeting held in Calgary, Canada. That policy
>"prohibits in the United States and its territories, the use of any SCA
>funds for the purchase of potable alcohol, except for such quantities
>as may be necessary for cooking."
>
>Although unpopular, the Board recognized the potential liability and
>took the necessary steps to protect the SCA.
>
>I Existing Interpretations of Policy
>
>As a result of the SCA's insurance policy prohibitions and the existing
>SCA alcohol policy, the following questions have been raised and have
>long since been answered:
>
>(1) Can alcohol be purchased with branch or other SCA subdivisions' money?
>
>No. Absolutely not. No SCA funds may be used to purchase alcohol,
>except as a minor ingredient in cooking. (Dropping a pear in a gallon
>of brandy does not cut it. Alcohol must be an incidental ingredient.)
>
>(2) Can funds be collected for the purchase of alcohol?
>
>Yes, but it must be done as individuals. An individual or individuals
>may purchase alcohol, but neither the money nor the alcohol may ever
>become the property of the SCA. The person giving the money must be
>completely clear the funds are not going to the SCA, and therefore will
>not, in error, attempt to deduct on his/her taxes the amount given.
>
>(3) Can alcohol be donated to the SCA?
>
>No. Alcohol may not be owned by the SCA except when being used as an
>incidental cooking ingredient.
>
>(4) Can an individual(s) bring alcohol to a feast or other event, and
> give it to those attending?
>
>Of course. In this case, individual(s) is acting as an individual(s),
>and neither the SCA nor the SCA's money is involved, nor does the SCA
>own the alcohol.
>
>(5) Can alcohol be donated to an auction, sold at auction, and the
>proceeds kept by the SCA?
>
>No. Alcohol may not be owned by the SCA, nor may it be auctioned at an
event.
>
>(6) Can an empty bottle be auctioned at an SCA event with the promise
>that it will be filled by the purchaser's favorite brewer?
>
>No. This could run afoul of federal and/or state laws, let alone the
>insurance policy.
>
>(7) Can SCA funds currently held by a brewers' guild be used to purchase
> supplies?
>
>No. SCA funds may not be used for the manufacture of alcohol. It has
>been argued that the purchase of honey, water, and yeast can be used to
>bake bread; therefore, there should be no prohibition. Unfortunately, if
>the Bureau of Alcohol, Tobacco and Firearms will not buy that argument,
>and the SCA cannot be expected to do so.
>
>(8) Are brewing competitions still allowed?
>
>Yes. Provided no SCA monies are used in production, the alcohol never
>becomes the property of the SCA, all involved parties are of legal age,
>and all applicable federal, state, and local laws, rules, restrictions,
>and ordinances are observed.
>
>II New Interpretations of Policy
>
>At the Seneschals' and Exchequers' Symposium held in Las Vegas on May 8
>and 9, 1999, three new questions were raised. At the time I answered,
>I took a conservative approach. Since then, I have spoken to three
>attorneys, all of whom are SCA members and therefore are completely
>familiar with our organization. As a result of these conversations,
>here are the answers to those questions.
>
>(1) Can officers serve alcohol, which is privately owned, at a feast
> or revel?
>
>The attorneys observed a possible exposure exists if officers are
>serving alcohol. The question was what can be done to minimize that
>level of exposure.
>
>There are three possible ways to go: (a) prohibit officers from serving
>alcohol, (b) allow officers to serve alcohol, but make it clear it must be
>done as individuals and not as officers, and (c) allow officers to serve
>alcohol without restriction. I realize there does not appear to be much
>of a distinction between (b) and (c), but in eyes of the law, there are.
>
>After much questioning of the attorneys, the policy I intend to recommend
>the Board of Directors is, "Officers are not prohibited from serving
>alcohol; however, it must be done as individuals, and not as part of
>their official duties as officers."
>
>(2) May alcohol be given as gifts?
>
>Alcohol has been given as gifts for as long as I have been in the
>SCA. Gifts to outgoing officers, gifts from a branch to the Crown, and
>gifts from one Crown to another. Again, it is a similar situation to
>that immediately above.
>
>Again, after much interchange with the attorneys, I intend to recommend
>to the Board of Directors a similar policy, to wit, "Officers are not
>prohibited from giving gifts of alcohol; however, it must be done as
>individuals, and not as part of their official duties as officers."
>
>(3) If Brewers' Guilds already have funds collected in the name of the
> SCA and that money is being held or otherwise on the books of the SCA,
> may that money be spent on the publication of recipes?
>
>The question arose because of the prohibition on manufacturing. Extensive
>research on this topic was conducted to one of our attorneys in
>particular, to whom we owe significant thanks.
>
>Brewers' Guilds may spend funds on publishing articles on brewing,
>provided they meet the same criteria and meet same policies as any other
>SCA publication. This is no longer an alcohol policy or insurance policy
>question, but an editorial content question. Articles on brewing should
>follow the general SCA guidelines for being educational and focusing on
>the pre-1700 timeperiod.
>
>Brewers' Guilds may also sponsor other publications, such as the Kingdom
>newsletter, regional newsletter, or A&S newsletter, or may use their
>funds for non-alcohol-related purposes, such as donations to the Royal
>Travel fund, or the Kingdom waterbearers.
>
>
><end of text>
>
>
>--
>*** Master Rurik Petrovitch Stoianov
>*** mka Steve Harrett
>*** rurik@ccgnv.net
>*** IRC name: RurikPS
>*** ICQ#: 40843558
>*** http://commnections.com/rurik/
>
>
>
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From: "Alderton, Philippa" <phlip@morganco.net>
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Received on Thu Jun 17 18:29:24 1999