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Ohio charities now permitted to auction or raffle alcohol

Fun legislation news just in time for summer!

Several Ohio liquor laws changed as a result of Senate Bill 102. The changes went into effect March 23, 2022. Most importantly, charities can now legally auction or raffle alcoholic beverages at fundraising events!

Previously, awarding alcohol as a prize was not permitted, even for charities. Receiving a call from Liquor Control was an unpleasant surprise for many charities that were not aware of this archaic Ohio law.

The basic details of the new law:

⏩ IRC Section 527 political organizations or 501(c)(3) charitable organizations are allowed to award alcohol without a permit as a prize in a raffle, silent auction, or door prize, as those terms are defined, at a fundraising event.

⏩ Beer, wine, and mixed low-proof pre-packaged beverages must be purchased from a liquor permit holder, while high-proof spirituous liquor must be purchased from a state liquor agency store in this state.

⏩ Alcoholic beverages may be donated to the organization holding the event, but may not be donated by a liquor permit holder or state liquor agency.

⏩ The organization must keep spirituous liquor receipts to prove where the purchase occurred.

⏩ Information regarding the purchase of spirituous liquor must be provided to ODC Liquor Control prior to the event.

O.R.C. 4301.58

As always, you should consult with legal counsel regarding policies and waivers prior to raffling any legally restricted item.

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Animal Care Exemption Letter during Coronavirus

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Some animal shelter, rescue, and humane society employees and volunteers have reported that they are uncomfortable traveling during Ohio’s Stay at Home COVID-19 order, effective March 24th, because they fear being pulled over by law enforcement without documentation about their activities.

While most law enforcement agencies do not seem to be aggressively questioning citizens, a letter explaining that animal care activities are exempt may help quell these fears.

Here is a sample which you may wish to review with your own legal counsel:

To Whom It May Concern:

Please be advised that _____________ is a current employee/volunteer at ABC ANIMAL RESCUE (the Rescue) located at ___________________.  The Rescue is committed to taking responsible action to combat the spread of the COVID-19 virus, including compliance with all orders from the Ohio Department of Health (ODH.)

The Rescue is aware of the “Director’s Stay at Home Order” issued by ODH requiring all persons to stay at home unless they are engaged in an “essential work or activity.”  Paragraph 12(c) of that order specifically exempts “businesses that provide food, shelter, and other necessities of life for animals, including animal shelters, rescues, kennels, and adoption facilities.”  Furthermore, Paragraph 7 of the order permits travel for the purpose of providing “veterinary care and all healthcare services provided to animals.”  Finally, Paragraph 5(e) permits travel in order to provide care for and the transportation of pets. 

The Rescue is an organization described in Paragraph 12(c) and is therefore exempt for the activities described above.  The person named above is authorized by the Rescue to travel for the purpose of providing these essential services.

Please call _______________ if you have questions or concerns.

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Ohio’s Coronavirus “Stay at Home” order and Animal Care

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Ohio’s COVID 19 “Stay at Home” order does not prevent you from caring for animals.

The Ohio Department of Health issued an emergency order effective March 24, 2020 requiring all Ohio citizens to shelter at home to prevent the spread of the coronavirus. But there are exceptions:

  • Paragraph 5(e) permits a person to travel in order to provide care for or for the transportation of pets.
  • Paragraph 7 permits travel for the purpose of providing “veterinary care and all healthcare services provided to animals.
  • Paragraph 12(c) specifically permits people to engage in “essential work or activity,”  including “businesses that provide food, shelter, and other necessities of life for animals, including animal shelters, rescues, kennels, and adoption facilities.”  This means that humane societies, dog shelters, animal rescues and animal boarding facilities can continue their important work.

Remember, anyone who keeps, harbors or confines an animal has a legal duty to provide care to prevent unnecessary suffering. Failure to do so could result in criminal penalties. (See O.R.C. 959.13 and 959.131.)

We urge everyone in this time of emergency to use social distancing and to take extra efforts to clean and sanitize to avoid spreading the virus while you care for your pets, and while you continue the vital work of animal rescue.

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