Gift Certificate For Silent Auction... But Not Legal...sos

Business By briannastreats Updated 14 Oct 2007 , 1:03am by DelightsByE

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briannastreats Posted 13 Oct 2007 , 2:43am
post #1 of 9

Hi all... I'm hoping the awesome CCer's on here tonight could help me...

I am not currently legal, but I really only do about 1-2 cakes every other month. Plus I'm in grad school and I teach full time, so I haven't had time to pursue becoming legal.

Anyway, my question is this: I offered to donate 2 gift certificates for a SUD-C (affiliated with Sids) silent auction. Am I able to do this, even though I'm not legal? Or could I get in trouble? Probably 500 people will be at the event, and I'm sure the gc will be a good seller, but I'm not sure if this is something I should do or not.

Please tell me what you think?

TIA

8 replies
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DelightsByE Posted 13 Oct 2007 , 2:48am
post #2 of 9

I would ask the organizer of the event, but I hate to say it you probably shouldn't do it. It's way too much of a risk. If it were a smaller event, like for a church or school or neighborhood event, it would probably be OK, but for this thing, I'd leave it alone if I were you.

Sorry.... icon_sad.gif

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briannastreats Posted 13 Oct 2007 , 2:52am
post #3 of 9

Thank you DelightsByE for your quick response! I was afraid that's what I would hear... but also what I expected. The more I think about it the more I don't think it's a good idea. I guess I'll have to call my friend tomorrow (her son died of SUD-C, and she's organizing the event). Hopefully I'll be legal by next October, so I can legally donate gc's.

Thanks again!!

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DelightsByE Posted 13 Oct 2007 , 2:57am
post #4 of 9

Since you obviously feel strongly about this cause, definitely try to get involved in the fundraiser anyway, perhaps you can help out in other ways and next year, WHEN you're legal, you can donate product instead of - or in addition to - your time. thumbs_up.gif

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MissNeishaGyrl Posted 13 Oct 2007 , 4:19am
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Well I guess I am confused. If you are donating a skill of yours to a worthwhile cause why would this be illegal. How is this any different than the charity auctions they do for other donated things. WOuld this apply to someone who donated their skill of knitting to teach someone? I guess I am just confused.

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kelleym Posted 13 Oct 2007 , 5:30pm
post #6 of 9

Because you don't have to have a license to knit or teach knitting, but in most states you do have to have a license to serve food. It is unfortunate that this way that we express our talent comes with a built-in set of legal restrictions.

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amberhoney Posted 13 Oct 2007 , 8:36pm
post #7 of 9

I'm not legal either but I always donate a cake to my kids school fairs. They call it a 'promise' auction, and you can bid on things like having your windows/oven cleaned, loads of firewood, gardening etc. I take into account what the auction price was, and double it. The winner gets my contact details and arrnages the cake with me at a later date. I'm not 'selling' a cake (I don't make anything from this, in fact it costs me) so its never been a problem here. Can't see why it would be in your case either?

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briannastreats Posted 14 Oct 2007 , 12:45am
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Hmmm... Now I'm not sure of what to do. I was originally going to just make 2 cakes for the auction. Then I found out I have classes the weekend of the event, as well as a wedding cake to do, so I won't have time to make the actual cakes. So I decided to donate gift certificates, each for $40 towards a cake. Should I instead just say it's a gc for a cake for typical round cake, serves 15 people, with nominal decorations? I'm not doing this to advertise, but it will be inadvertantly advertising.

Any other ideas??? Thanks all!!!

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DelightsByE Posted 14 Oct 2007 , 1:03am
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I hate being a wet blanket even more than I hate reinforcing unfavorable point of view, but I still think this is a risk you shouldn't undertake.

Say for example (God forbid) someone gets sick from something they "win" from you. Or worse - PRETENDS to get sick from it (I am NOT implying your wares are not completely worthy...I'm sure they're perfectly fine!). They come after you first, for providing the food. Then in the snowball of exposure, the charity you were trying to help comes under fire as well, for not checking to see if you were a licensed baker before they allowed you to participate in their function. Of course it's a charity event and not for profit, but they could be portrayed as endorsing you and then could be held secondarily liable.

So really, you're not just risking your reputation or your ability to ever be licensed in the future. You're also risking the future of the charity and could seriously compromise their fundraising ability in the process.

I implore you - have this conversation with the charity before you do anything. I would really hate to see your future in jeopardy.

I say this with the utmost care and respect for you, please don't take it as anything else.

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