SC - Re: Alcohol & the SCA

[Aldyth at aol.com]

In a message dated 97-07-10 13:26:24 EDT, you write:

<<  The policy I heard specifically allowed cooking. Please find out
 the details before you explode. >>
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Aldyth here. 

 Please find below the replies I received from the Bod when I asked for
clarification.  I think it pretty much says it all.   Since I have also been
"trying" to post to eden.com for two days, and my mail is in la la land,
perhaps this will do some good. 

Tibor and Margaret, I sent these to you because if the mail doesn't post to
the list, maybe you can forward it.  And if EVERYBODY gets it, please excuse
the multiple posts.

Aldyth at aol.com
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We are also considering a G&PD which will help clarify this matter. The
proposed text is:
"The SCA will not purchase or provide alcoholic beverages for events,
other than for use  as a cooking ingredient, within the United States of
America.  Attendees may bring their own alcohol if the site permits, and
assume all risks and responsibilities by doing so.  Branches outside of the
USA
may purchase and serve alcohol in accordance with their own government
regulations."

We don't want to be in the position of providing alcohol to anyone (by buying
it with SCA funds or 
distributing it as part of the event/feast). People who bring their own
alcohol to events which 
permit it are solely responsible for its use.

Thank you for requesting clarification. If you still have questions, please
don't hesitate to 
contact us again.

Susan Earley
Director, SCA, Inc.
Ombudsman for the Treasurer
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At the April Board meeting, the following motion was made and passed:

"Motion...to prohibit the use of any SCA funds for the purchase of
alcohol, in the United States and its territories."

This was done for insurance liability reasons.  There are two types of
liquor coverage: Host Liquor and Liquor Liability.

Host Liquor provides coverage for the SCA if, for example, you bring
your own booze to a tourney, get drunk, and damage another person or
another's property, and the SCA is held liable.  We do have this
coverage.

Liquor Liability provides coverage for those who are selling alcohol.
We do not have this coverage.

If we use the SCA's money to purchase booze and, for example, provide
it at a feast or a revel, whereat, you purchase a ticket or "pass the
hat," it could be argued we would be "selling" alcohol.  If we "sell"
alcohol, we need Liquor Liability coverage.  We cannot afford it.

The way to avoid the entire problem is to prohibit the SCA's money to
be use to purchase alcohol.  This way, it cannot be argued we are
turning around and selling it.

No one is happy with this, but in today's lawsuit-happy world, we have
little choice.

Which brings me to your question, "...the simple fact of the SCA not 
purchasing alcohol served as a beverage at an event absolves the SCA 
from litigation if someone at that event commits a crive, or drives 
drunk.  Correct?"

Well, not exactly.

If the insurance company maintains we are "selling" alcohol, they could 
argue we are "in the business."  If we are "in the business" of selling 
alcohol, we need to have Liquor Liability coverage, and as stated 
above, it is very expensive coverage and we do not have the money.  
Further, we would be required to provide auditable information as to at 
how many events we "sell" alcohol, how much is sold at what price, 
where is it sold, what is the profit/loss, etc.  This information would 
be required to be readily available at the SCA's headquarters where a 
representative of the insurance company could examine it at any time.

Given all of the above, if we are "selling" alcohol, if something bad 
occurs (accident/damage/injury/whatever), the insurance will not cover 
us in the event we are found liable, as they will maintain our coverage 
does not provide protection for the SCA if we are "in the business" of 
"selling" alcohol, as that is the purpose of Liquor Liability 
coverage--which we do not have.

The reason for this entire exercise is to maintain our position that we 
are not "in the business" of selling alcohol--that way, if something 
unfortunate occurs, our liability insurance will cover us in the event 
the courts find us liable.

If I can be of any further assistance, please let me know.

    Most cordially,

    Andrew Smith
    Executive Assistant to the Board of Directors

PS--I don't like any of this either.  Unfortunately, the lawyers are 
running things.


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