Fundraising Information and Activities

How do registered student organizations (RSOs) finance activities?
General Fundraising Considerations
Planning Tips
Fundraising Using University Facilities
Can RSOs use university facilities to raise money for charities?
Do we owe sales tax on money we raise?
Can we accept a donation made to the university for our student organization?
Opportunities for Fundraising
Membership Dues
University Departmental Sponsorship of Registered Student Organization Events or Activities
Commercial Sponsorship of Registered Student Organization Events or Activities
Allowable Items for Sale in Campus Facilities or on Campus Grounds
Temporary Food Sales
Regulations for Selling Allowable Items on and Around Campus
Raffles
Poker Tournaments

How do registered student organizations (RSOs) finance activities?

Registered Student Organizations utilize membership dues, fundraising initiatives, and funding grants to support the costs of their events and activities. Funding sources for RSOs are found in the Student Organization Handbook section, Funding Sources for Registered Student Organizations (RSOs).General information on fundraising, fundraising policies using university facilities, and opportunities for fundraising, such as university departmental sponsorship, commercial sponsorship, and allowable sales by registered student organizations are listed and described below in this section of the Handbook.

General Fundraising Considerations

NOTE: It is important that your organization adhere to University, City, State and Federal laws and policies regarding the collection of revenue.

*Define your organization’s goals. What do you want to accomplish
  this year?
*Develop your financial plans based on the organization’s goals.
*Map out methods to reach financial goals.

Planning Tips

*Plan ahead—you’ll have more options available. Your choice of facilities, funding sources, speakers and entertainers will be more diverse.
*Learn from past experiences. What fundraisers have been most successful for your organization?
*Combine campus, individual, and private funding sources. Don’t depend upon only one source for contributions.
*Identify your constituency and target your audience. Who are the people most likely to support your activity?
*Evaluate the fundraiser. Write down the keys to your successes and keep records of everything. You can pass the victories and failures on to future members and save them some time. When planning events and activities, new members will benefit from your legwork.
*Always thank your contributors. Whether you thank an audience with a few words acknowledging the support of a contributor or send someone a note, it will be invaluable in the future. It is also a common courtesy.

Fundraising Using University Facilities

If you use university facilities to advertise your fundraiser or use university space to hold your fundraiser, you need to be registered as a student organization with the Student Organization Office, call 608/263-0365 or go to the SOO website soo.studentorg.wisc.edu. After you are registered as a student organization, go to the Central Reservations Office, 2nd Floor, Memorial Union, 608/262-2511, to discuss facility use and date availability. Plan as far in advance as possible to complete additional paperwork and confirm arrangements.

The UW Administrative Code requires that the university specifically agree to permit use of its facilities for any sales or revenue producing activities. Student groups must receive this permission from the university agent who reserves the facility (usually this is the Building Manager). Refer to the section, Reserving Space, Campus Classrooms for specific facility contacts. Remember that the general public can not be invited to events sponsored by student organizations in university facilities, unless a university department is a primary sponsor of the event or activity in conjunction with the registered student organization.

The sponsoring student organization is responsible for rental charges and other special services deemed necessary by the university, such as security costs. Funds remaining after all the costs of such events in university facilities have been paid, may be used to support the activities of the sponsoring student organization(s) or other charitable or public service organizations, but may not be used for individual gain or in support of commercial activity.

Can RSOs use university facilities to raise money for charities?

RSOs may use university facilities/grounds to raise funds for the benefit of non-profit 501(c)(3) charitable organizations. Note that all non-profit organizations are not 501(c)(3) approved. 501(c)(3) non-profit status is determined by the IRS upon application for such status.

In both scenarios described below (charitable fundraising events/ activities limited to students, faculty and staff AND those open to the public), RSOs are encouraged to contact the Central Reservations Office, 608/262-2511 for more complete information on approvals and forms required for such events.

Charitable Fundraising Events/Activities Limited to Students, Faculty and Staff

In using university facilities to fundraise for charitable organizations, RSOs must comply with all applicable University policies and guidelines, including those listed above under the heading “Fundraising Using University Facilities”. Unless your event meets the conditions described below, including university department co-sponsorship, your event’s attendance is limited to students, faculty and staff.

Charitable Events/Activities Open to the Public

If an RSO wishes to open the event/activity to the public, perhaps in the case of a run/walk charity event or other benefit event/activity, RSOs must comply with at least one of the following conditions:

1. The on campus event/activity is sponsored by an RSO and is in support of a specific non-profit charity, as defined above, provided that:

* The event will not include sales of any products.
* All or a portion of the fee/donation will go the non-profit charity.
* The exact amount of the individual fee/donation that will go to the non- profit charity is specified in all promotions.
* If the RSO wants to hold the event the following year, they need to demonstrate that the funds from the previous year were received by the given non-profit entity.

2. The event is co-sponsored by a University Department, in which case the funds must be deposited in the appropriate university account.

3. The Chancellor or his/her designee authorizes an exception. In most cases for RSO/departmental reservations, the Central Reservations Office will authorize such an exception to revenue producing policies.

Do we owe sales tax on money we raise?

Income is generally considered taxable. You should get a "Temporary Sellers Permit" from the Department of Revenue, 608/266-2776, for any major fund-raising event. Most minor income will qualify as "Occasional Sales." The "Occasional Sales" rules are available from the Department of Revenue. Refer to the Taxes and Tax-Exempt section of this handbook for further information or contact the Wisconsin Department of Revenue.

Can we accept a donation made to the university for our student organization?

A registered student organization does not have such authority. Refer to the “Acceptance of Gifts and Donations on behalf of the RSO” information in the Minimum Requirements for University Sponsorship of Registered Student Organization Events or Activities.

Opportunities for Fundraising

1. Membership Dues

If you decide to establish membership dues, collect a set amount from each member. Decide as a group what is a reasonable amount. It will be helpful to first decide how much money you'll need for the year. Will students pay less than non-student members? What if someone can't afford the dues? Be sure to disclose to dues-paying members how the dues will be used. Also, establish a policy/plan regarding what happens to money left in the treasury should the group disband.

2. University Departmental Sponsorship of Registered Student Organization Events or Activities

A university department may choose to sponsor some or all of a registered student organization's (RSO's) events and activities. A department electing to sponsor an RSO event or activity should ensure that the nature and extent of the sponsorship is clearly understood by both the department and the organization. In order to sponsor an RSO event or activity, a department must adhere to the practices as specified in the Minimum Requirements for University Departmental Sponsorship of Registered Student Organization Events or Activities. This linked document describes practices related to Advisor/Direct Supervision, Liability, Expenditures, Revenue Other Than Gifts and Donations, Acceptance of Gifts and Donations on Behalf of the RSO, and Use of Fleet Vehicles.

3. Commercial Sponsorship of Registered Student Organization Events or Activities

Often commercial enterprises are eager for the chance to come on campus to promote their goods or services (telephone companies, charge card companies, beer distributors, etc.). They will, therefore, offer a student organization financial support or sponsorship (for example, pay for publicity) in order to do so. In general, a Registered Student Organization may not use university facilities to raise money for itself or charity by selling or promoting a commercial product. The use of university facilities is a privilege; student organizations may not use their privileged access to university facilities to promote or endorse commercial products or businesses.

If registered student organizations accept a corporate/business contribution for its activities, the recognition of that contribution must follow university policies. When recognizing contributions from businesses to a student organization program, the business name must be secondary on the event publicity. The event is sponsored by the student organization, not the business! If the business has standardized publicity pieces, they may have to be altered for use on this campus. Beer/alcohol sponsorship is discouraged because the majority of UW undergraduate students are under the legal drinking age.

For more information, refer to the following policies and guidelines:

1. Registered Student Organization: Sponsorship Addendum to Facility Use Agreement
2. The University Facility Guidelines for Acknowledgements by University Units and Registered Student Organizations of Non-University Revenue Support
3. The Revenue Producing Events in University Facilities and Grounds

4. Allowable Items for Sale in Campus Facilities or on Campus Grounds

What kinds of items can we sell in campus facilities as a fundraiser?

The following information applies to fundraising activities by Registered Student Organizations (RSOs) in university facilities or on university grounds. RSOs may go off campus, to City of Madison areas such as the State Street Mall or Langdon Street to fundraise. In these cases, the policies of the City of Madison apply.(For specific reservation information, refer to the Reserving Space section of this handbook.) If RSOs prefer to fundraise on campus, below are examples of the types of items that have been allowed as sales on campus in the past. Please note that this listing is not comprehensive.

I. Types of Items Allowable for Sale

· Food Items (Home baked goods are not allowed.) Refer to the
  Temporary Food Sales information below in this section.
· Book sales/signing in conjunction with an event
· Items connected with culture at multicultural event
· Homemade craft type items
· Items that have connections with group--Sale of products related to the
  organization i.e., plant sale by Horticulture Club, Christmas tree sale by
  Forestry Club
· Tickets to Registered Student Organization sponsored events
· An organization’s t-shirt, other apparel and novelty items when it ties into
  the organization or event
· A group’s literary publication
· Flowers

II. Types of Items Not Allowable for Sale (Per University Policy and subject to change without notice)

· Alcohol
· Tobacco
· Credit card applications, whereby an RSO receives monetary subsidy
  for each credit card application distributed.
· Other than food, items that clearly promote or endorse commercial
  products where the items are not related to the purpose and mission of
  the organization. (Examples include discount & coupon cards and
  books.)

III. Other Items

· The Directors of the Student Organization Office and the Central
  Reservations Office will review all other types of sale items on a case-
  by-case basis.

Temporary Food Sales

The sale of foods to the general campus community can take place at approved temporary food stands in the lobby areas of UW Madison buildings and on university grounds, subject to the following conditions and procedures. There are three key elements that are part of any request for a temporary food stand:

1. Location

A request for an indoor location must be submitted and approved by the appropriate campus building manager. A list of building managers is available at http:/www2.fpm.wisc.edu/ppnew/splash/index.htm. Log in with your net ID and password. Select the "Buildings" tab at the top and then search by building, which will list the manager and contact information.
A request for an outdoor location must be submitted to and approved by the University of Wisconsin Central Reservations Office, 608/262-2511.

2. Permit

To sell food and/or beverages, a temporary food stand permit must be approved and issued by the Environmental Health Office prior to the requested sales date. Only registered student organizations are qualified to obtain temporary food stand (TFS) permits. Permits are issued at the 1th floor cashiers desk, University Health Services, 1552 University Ave., from 8 am to 4:30 pm, Monday-Friday. The cost is $10.00. Permits are issued for a specific building or UW Madison grounds location.

Permits for the sale of ready to eat foods, (foods that do not require further cooking at the food stand; such as bagels, pizza, doughnuts, canned/bottled soda and juices, chips, and whole fruit) are valid for five (5) days per semester. Each student organization is allowed only one permit per semester.

Permits for the sale or free distribution of food items prepared on-site (such as the grilling of brats and burgers, or cooking of pancakes and eggs) are valid for up to three (3) days per academic year. In addition, temporary food stands that involve cooking or grilling are required to have "Special Events Insurance". Information about this insurance is available from the Office of Risk Management, 21 N Park St., Suite 6101, 608/262-8926, or at the Risk Management website: www.bussvc.wisc.edu/risk_mgt/risk_mgt.html.
NOTE: Temporary food stands used for on-site food preparation including cooking or grilling for more than three days per year must have a roof, ceiling, sidewalls, and covered floors, as well as screened food preparation areas, hot water, sinks for utensils and dishwashing and hand washing facilities as required by Wisconsin State Code.

3. Food

Home-prepared foods cannot be sold or served to the general public.
Food may be obtained from The Wisconsin Union, University Housing or an approved licensed food vendor. Pizzas must be purchased from a university-approved vendor. A listing of approved vendors can be found at the Office of Risk Management website www.bussvc.wisc.edu/risk_mgt/risk_mgt.html under the "Certificates of Insurance" section.
Grilled meats are limited to pre-formed hamburger patties, steaks and pre-cooked meats (such as pre-cooked brats, sausages and chicken breasts). All hamburgers must be cooked to at least 155 °F throughout to prevent pathogenic E. coli infections. To minimize the risk of Salmonella infections pasteurized eggs must be used for all egg or egg-containing items cooked on-site, and the grilling of raw chicken is not allowed.

Exemptions. A permit is NOT required for:
* Distribution of "free" or donated "ready-to-eat, pre-packaged" food items associated with special events or promotions. Examples of these types of food items include candy bars, bags of chips, and individually wrapped subs. Whole fruits, such as oranges, apples and bananas, are also considered "ready-to-eat", but are not required to be pre-packaged or individually wrapped.
* Picnics, luncheons or pot luck parties where food is provided by or purchased by organization/department sponsors and/or members, and the event is only open to members and guests.

To sell food items on "non-university" property (including State Street Mall and city sidewalks on campus) a food stand permit needs to be obtained from the Madison Public Health Department 608/266-4825 and the Madison City Clerks Office 608/266-4601.
For additional information contact the Environmental Health Program office at 262-1809.

Regulations for Selling Allowable Items on and Around Campus

Temporary Food Sales:

Requires permission from the specific campus location and a food stand permit from Environmental Health, 1552 University Avenue. For details, see Temporary Food Sales above in this section of the Handbook.

Selling on UW Library Mall:

Unless sponsored by an appropriate University department or office, sales are not permitted on the UW Library Mall (area around the fountain between Memorial Library and the State Historical Society Library). For questions regarding UW Library Mall, contact Central Reservations, 608/262-2511. Refer also to University Facility Use Policies and Guidelines G3: Use of Library Mall.

Selling in the Wisconsin Union:

The Wisconsin Union includes both Memorial Union and Union South. Registered student organizations may reserve space for occasional non-commercial sales within the Union. There is a small fee. Contact Central Reservations, 608/262-2511 for more information.

Selling Inside University Buildings:

No food is allowed in campus classrooms. To sell food in areas outside of the classroom, in lobbies or in other common areas of campus buildings, you must (1) obtain the Building Managers' permission. A list of building managers and their phone numbers is available at http:/www2.fpm.wisc.edu/ppnew/splash/index.htm. Log in with your net ID and password. Select the "Buildings" tab at the top and then search by building, which will list the manager and contact information. (2) Obtain a food stand permit. Instructions are available in the Temporary Food Sales section above. (3) Be sure what you’re selling is allowable. Refer to the list of types of items allowable for sale above in this section.

Selling on the State Street Mall:

The State Street Mall extends the entire length of State Street from the Capitol Square all the way down to Park Street and includes the raised, cement podium area and the area south of Memorial Library where the food carts are located. The State Street Mall is City of Madison property and the city is responsible for issuing vending permits. These permits are limited to and restricted to individuals selling handcrafted goods or personally prepared food items. For application materials and information, call Warren Hansen, City of Madison Street Vending Coordinator, 608/261-9171.

Selling on City Sidewalks:

City sidewalks include sidewalks on Langdon Street and on University Avenue. To obtain sidewalk vending permits and information relating to sales in these areas, call Warren Hansen,City of Madison Street Vending Coordinator, 608/266-4601.

Raffles

The State of Wisconsin Statutes requires all raffles to be licensed through the Office of Charitable Gaming. Tax exempt organizations, having charitable work as a major purpose written into their by-laws, can qualify for a raffle license. The organization also must have been in existence for at least one year prior to application for the license. The other major requirement is that the organization's activities must be limited to the state of Wisconsin..

For a more detailed description of these requirements, refer to www.doa.wi.gov/, search by keyword = raffle, to find raffle documents in the document library. Here you will find an Original Raffle License Application, Legal Requirements for Raffles in Wisconsin and the Wisconsin State Statutes that refer to raffles. Download the Original Raffle License Application or request an application to be sent by mail, 608/270-2552.

The Office of Charitable Gaming asks for 4-6 weeks to process an Original Raffle License Application. Please note that you will need to provide copies of documents from your organization listed on the application along with a $25.00 processing fee. The mailing address is on the application. For further assistance, please call 608/270-2552 or 800/791-6973.

Poker Tournaments

Following is a reprint of an article written by the Wisconsin Division of Criminal Investigation (DCI) of the Gaming Enforcement Bureau. Please read it over and if you have questions about poker tournaments, contact the Dane County District Attorney’s Office, located at 210 Martin Luther King Jr., Blvd., in Madison, telephone 608/266-4211.

The Legality of Poker Tournaments

The recent popularity of poker tournaments, specifically Texas Hold ‘em Poker, has generated numerous inquiries to the Wisconsin Division of Criminal Investigation regarding their legality. At this time, it is the position of DCI that Texas Hold ‘em Poker and poker tournaments constitute illegal gambling.

Poker tournaments in which the participants pay a fee to enter for the opportunity to win money or prizes are illegal under two different Wisconsin statutes. Wisconsin State Statute 945.01(1) provides the definition of a bet as “… a bargain in which the parties agree that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value specified in the agreement.” Wisconsin State Statute 945.01(5)(a) defines a lottery as “… an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill.”

Several elements of poker tournaments and Texas Hold ‘em Poker cause them to fall under these definitions of illegal gambling activities. Poker tournaments in which the participants are required to pay money to enter (consideration) are clearly illegal lotteries and betting. Another type of consideration would be requiring a minimum drink or food purchase during the event. Even if no purchase is required to enter the tournament, other factors may be enough consideration to make the tournament illegal.

The penalties for violations of these gambling statutes range from misdemeanor gambling for making a bet or participating in a lottery to felony commercial gambling for operating a gambling place or conducting a lottery. Gambling is a Class B misdemeanor, punishable by a fine of up to $1,000 and/or imprisonment up to nine months. Commercial gambling is a Class E felony, punishable by a fine of up to $50,000 and/or imprisonment up to fifteen years.

A key element of the definitions of both a bet and a lottery is the term “chance, even though accompanied by some skill.” It is DCI’s position that chance predominates over skill in all poker games and poker tournaments. This is due to the fact that the game involves a deck of cards in which nobody can predict with any great degree of accuracy what card will appear next. There are states, such as California, where poker and other traditional gambling card games are specifically allowed. Wisconsin has not adopted any statutes or exceptions which would allow such gambling activity.

At this time, it is unclear whether poker tournaments that do not involve consideration (that is, participants do not have to pay to enter) are illegal. The legality of these tournaments will have to be determined on a case by case basis. Check with your District Attorney’s Office to make that determination. Otherwise, all poker tournaments and Texas Hold ‘em Poker games that require any sort of consideration to enter, are illegal and should be discontinued.”