Avoiding Three Licensing Mistakes Which Could Shut Down Your Benefit Auction

When I worked as an event planner, I would haveAt this point, some of you are thinking, "Are you kidding
been mortified to inadvertently overlook a detail whichme? You need a license to be an auctioneer?"
could have shut down my event. With so many rulesThe answer: Yes, no and sometimes. It varies by area.
to follow from municipal, state, and federal bodies, itIn Virginia and Florida, a license is required. If a person
can be hard to stay on top of details.accepts any sort of payment for calling a benefit
Licensing varies greatly from location to location, butauction ("payment" could be as simple as a meal), an
here are three common licensing issues I see in theindividual is required to have an auctioneer's license.
four areas I most often work: Florida, Virginia, Maryland,The penalty for conducting an auction without a license
and the District of Columbia. I'm not an expert inis a $2000 fine.
licensing, so always check with your local and stateTo secure my license, I had to attend an approved
government to learn what is applicable for yourschool (I attended a course in Missouri), pass a
situation.state-administered test, and secure a bond. Now I
#1: A License for the Rafflemust keep up with continuing education requirements.
Many states have regulations around raffles,The process is similar to that of getting a real estate
sweepstakes, and contests.license.
My Washington, D.C. charity auction clients haveIn Washington, D.C., the laws are relaxed. Virtually
debates as to whether they want to involveanyone can walk into the municipal building and -- about
themselves in the raffle licensing laws. When an$800 later -- walk away with an auctioneer's license.
organization secures a raffle license, it must followA potential caveat: If you are holding your auction in an
rules affecting advertising, the number of tickets sold,embassy, you are on "foreign soil." You would then
and even the time of the draw (because an official willabide by the rules of that country.
come onsite to witness the draw). In contrast, aIn Maryland, licensing varies by city. When I work an
sweepstakes - like a raffle - allows for a drawing andauction in Anne Arundel County (such as Annapolis), I
for prizes to be awarded, but there is no requirementmust pay a $250 fee. The City of Baltimore has a
that a guest pay for the ticket.similar law.
I know of one school fundraiser which conducts aI'll be honest: It's confusing, complex, and costly. I will
sweepstakes to avoid the hassle of raffle rules. Theyspend several thousand dollars this year in licensing, but
ask guests to enter the sweepstakes, but since theyit's important to your event. Here's an example why:
can't sell the tickets, they encourage donations. MostA colleague of mine was working a benefit auction in
guests do make at least a $5 donation, but a donationa museum in Washington, D.C. Shortly before he was
isn't required to win a prize.to perform, he was approached by the police. They
#2: A License to Serve Alcoholasked to see his auctioneer's license. If he had not
Are you paying a company to manage the alcohol?produced it, they would have escorted him out. Can
Or was the wine donated and your volunteers areyou imagine how embarrassing it would have been to
serving it? Are underage students handing out glassesthe non-profit, if he'd not been licensed? The entire
of champagne? Is there a difference between servingfundraiser -- 9 months worth of work -- could have
hard alcohol versus wine and beer?been in jeopardy.
There are so many variations on this single area. IKeep these points in mind as you plan your event.
suggest you call your local authorities and check onBecause laws change, it's worth a phone call or two to
the rules.ensure you've covered your bases.
#3: A Licensed Auctioneer