Liquor Liability, Lost Key, Art Shows/Exhibits, Loss of Income
LIQUOR LIABILITY
Provides $1,000,000 limit of liability for
the entity as well as the entity's employees or volunteers (not
outside caterers, etc.) engaged in the SELLING or SERVING of
alcoholic beverages. The acquisition of the necessary State permit
is necessary BEFORE the liquor liability insurance
coverage can be obtained. The premium is $110 per
event . Please refer to the Ohio Liquor Law and Procedures
For Obtaining Liquor Permits and Liability Insurance section
for a detailed explanation of procedures for obtaining permits
as well as liquor liability insurance.
Should the insured parish or institution be involved in more
than infrequent sales or serving of alcoholic beverages (i.e.
hall rental/catering businesses operated by and for the benefit
of the insured), please contact the Diocesan Property/Casualty
Insurance Department for annualized coverage and rates.
LOST KEY COVERAGE
If building master keys are lost or stolen, this coverage will
provide up to $2,000 for the cost of keys,
adjustments of locks to accept new keys, or (if required) new
locks including the cost of their installation. There is no deductible
applicable for this coverage. The additional premium is $100 .
ART SHOWS/ART EXHIBITS
The master policy automatically provides $50,000 legal
liability for this exposure. This coverage will expand your primary
coverage to respond, regardless of fault or legal liability.
Contact the Diocesan Property/Casualty Insurance Department for
premium pricing information.
LOSS OF INCOME/RENTS COVERAGE
Schools, colleges, and universities insured in the master plan
are protected against loss of tuition fee income through the
school interruption endorsement in the property section of the
policy. Locations which have hall rentals, dwelling rentals,
retreat house fees, or other means of income would suffer a substantial
loss if this particular income were interrupted due to a fire
or other peril insured against in the policy. Loss of income/rents
coverage would pay for the loss of business income sustained
due to the necessary suspension of your operations during the
period of restoration. The additional premium for this coverage
can be obtained by calling the Diocesan Property/Casualty Insurance
Department.
Special Events Liability Coverage
It is the policy of the Diocese of Cleveland that all parishes,
schools, and institutions allowing either individuals or families
to rent or use their facilities for various one-time "special
events" require liability insurance protection .
These individuals have the opportunity to purchase Special Events
Liability Insurance through D.I.S.C. at their expense.
Special Event insurance is NOT available for athletic events, including the
rental of facilities for athletic practice. The sponsor lessee must provide
their own coverage, specifically endorsed to cover liability for injury to the
athletes.
However, should the individual or family have the ability to
provide their own homeowners/renters liability insurance, a Certificate
of Insurance naming (1) the parish/school/institution,
(2) the Bishop of Cleveland, and (3)
the Catholic Diocese of Cleveland, as ADDITIONAL INSUREDS must
be provided. The minimum amount of coverage
must be $500,000 . The phrase "Additional
Insured" is imperative for this
Certificate to be acceptable in lieu of the Special Events Liability
Insurance offered through D.I.S.C. Their Certificate should be
faxed directly to D.I.S.C. at (216) 621-4755 for review and approval.
In addition, they must also execute a contract between themselves
and your location containing the necessary hold harmless language
to protect your entity and the Diocese. Please contact Attorney Kevin
Burke in the Diocesan Finance Office for
assistance with all of your property/facility rental contracts.
Special Events Liability Insurance provides first line protection
for both the one-time user of the facility as well as the parish
or institution. It is intended to provide primary insurance
protection thereby limiting financial exposure to the Diocesan
Master Insurance Program. ** PLEASE NOTE: This Special
Events Liability Insurance is NOT intended to provide coverage
for any amusement ride company, independent contractor, commercial
venture, events where liquor is sold or an
admission is charged and liquor is provided,
or where any person/entity is engaged in a long-term property
or facility lease-rental agreement with your location and/or
the Catholic Diocese of Cleveland. These situations necessitate
different property/liability insurance requirements and are handled
separately through the Diocesan Finance Office
Special Events Liability Insurance is administered directly
through D.I.S.C. The following terms and conditions apply to
the policy wording:
- Comprehensive General Liability ($250 property damage deductible)
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$500,000 combined single limit per occurrence
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- Real Property, Liability, Fire
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$25,000 each occurrence
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- Host Liquor Liability
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Included
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- Additional Insured
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Included
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- Bodily Injury
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Included
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- Property Damage
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Included
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The premium is $100 per event for a policy
period consisting of 24 hours (one calendar day).
Please print your own "SPECIAL
EVENTS LIABILITY INSURANCE COVERAGE APPLICATION FORM."
Below is a list of suggested guidelines to follow in determining
the need for Special Events Liability Insurance.
NON-SPONSORED events that REQUIRE special
events coverage:
- wedding receptions, bridal showers
- retirement, birthday, anniversary parties
- banquets
- dances, miscellaneous private gatherings or parties
SPONSORED events where special events coverage
is NOT REQUIRED :
- parish or Diocesan meetings
- parish festivals, parish bazaars, or parish dinners
- parish plays, school open houses, etc.
- parish affiliated group activities (ushers club,
etc.)
ORGANIZATIONS endorsed but NOT sponsored by
a parish or institution, may or may not require Special Events
Insurance (discretion should be used) :
- Alcoholics Anonymous, Al-Anon, etc.
- Girls and Boys Scout troops
If you are uncertain in determining whether Special Events Liability
Insurance coverage is required for a particular group/function
scheduled to be held at your location, please contact D.I.S.C.
or the Diocesan Property/Casualty Insurance Department for clarification.
Ohio Liquor Law and Procedures For Obtaining Liquor Permits
and Liability Insurance
OHIO LIQUOR LAW
Ohio Law closely regulates the manufacture, distribution,
and sale of alcohol by both individuals and organizations .
Specifically with regard to nonprofit charitable institutions,
Ohio law requires that such institutions obtain a temporary
liquor or beer permit from the Ohio Department of Liquor
Control for all events at which alcohol is to be
sold. Ohio law also prohibits the practice of serving alcohol
free of charge except in very limited and defined circumstances
(see section below pertaining to “Private Parties”). Specifically, SELLING
ALCOHOL WITHOUT A PERMIT OR SERVING ALCOHOL FREE OF CHARGE
UNDER CIRCUMSTANCES WHICH ARE DEFINED BY LAW AS A PRIVATE PARTY
ARE A VIOLATION OF OHIO REVISED CODE §4301.58!!! ADDITIONALLY,
B.Y.O.B. EVENTS ARE ALSO STRICTLY PROHIBITED BY OHIO REVISED
CODE §4301.62 .
In addition to the above prohibitions, Ohio law places certain
restrictions on the conduct of charitable institutions relating
to the sale of alcohol pursuant to a valid liquor permit. Specifically,
temporary permit holders should be aware of the following:
- the temporary permit must be displayed conspicuously
on the premises where the alcohol is to be dispensed (Ohio Administrative
Code 4301:1-1-21);
- all alcohol must be purchased from a wholesale
brewer, distributor, or outlet and not from any retail outlet
(Ohio Revised Code 4303.20 for beer and Ohio Admin. Code 4301-3-01
for spirituous liquor);
- all alcohol must be sold by the drink at twenty
five percent (25`%) or more above the wholesale purchase price
(Ohio Admin. Code 4301: 1-1-72 );
- “two-for-one” specials, providing an unlimited
number of servings of alcohol for a fixed price, or increasing
volumes without proportionately increasing prices is strictly
prohibited (Ohio Admin. Code 4301: 1-1-50 );
- giving away alcohol with the purchase of anything
of value or the giving away gifts (e.g. door prizes) in conjunction
with the sale or advertising of alcoholic beverages is strictly
prohibited (Ohio Admin. Code 4301: 1-1-46 D); and
- all alcohol sales must end at 1:00 a.m.
TYPES OF PERMITS
There are two types of permits available to nonprofit organizations.
The first allows the holder to sell beer-only for a period of
time not to exceed five days. This type of permit is known as
an " F-PERMIT." Organizations must
apply for an F-permit at least one month in advance of the event
to ensure that the permit is received prior to the event. The
fee for this permit is $40 . Organizations are eligible
to receive a maximum of two (2) F-Permits per month. Please note
that the sale of anything other than beer is illegal with
this permit!
The second type of permit allows the holder to sell beer, wine,
and spirituous liquor for a period of time not to exceed two
days in an area that has been voted wet through local option
for such beverages. This permit is known as an " F-2
PERMIT." As with the F-permit, organizations should
apply for an F-2 permit at least one month prior to the scheduled
event. The fee for this permit is $150 . Please
note that organizations are eligible to receive a maximum of
two (2) F-2 Permits per calendar year.
When applying for either type of permit, your organization will
be required to provide evidence of its non-profit, tax exempt,
charitable status as part of the application process. In addition,
both permit application forms require the signatures of both
local law enforcement authorities and the owner of the real property
on which the event is to be held (which can be the parish
pastor/administrator for purposes of events held on parish property) .
Such signatures provide evidence of their respective acknowledgment
and consent to the sale of alcoholic beverages on the premises.
Finally, the application must include a description, including
a drawing, of the area (indoors or outdoors) where the alcoholic
beverages will be consumed and how the area will be separated
(Ohio Revised Code 4303.202 and Ohio Administrative Code 4301:1-1-34).
OBTAINING A TEMPORARY LIQUOR PERMIT APPLICATION
Please do not call the Diocese for permit applications! To
obtain temporary liquor permit applications you may do one of
the following:
- call your local permit office or the State of Ohio
- Division of Liquor Control, Permit Division, 6606 Tussing Road,
Reynoldsburg, Ohio 43068, Telephone: (614) 644-2431, Fax: (614)
644-3166, to request an application be mailed to you; or
- visit the Ohio Department of Commerce, Division of Liquor Control,
on the web at http://www.state.oh.us/com/liquor/liquor12c.htm to
downloaded and print an application.
ALCOHOL AND GAMBLING
Pursuant to Ohio law, tax exempt charitable organizations may
conduct certain fund raising gambling activities as allowed by
Ohio Revised Code §2915. Additionally, it is generally permissible
to have charitable gambling and the sale of alcohol at the same
event. It should be noted, however, that THE LAW STRICTLY
PROHIBITS THE HOLDER OF A LIQUOR PERMIT FROM CONDUCTING TRADITIONAL
BINGO ON THE SAME PREMISES WHERE ALCOHOL IS SOLD AND CONSUMED (Ohio
Admin. Code 4301: 1-1-53 ).
PRIVATE PARTIES
A parish or parish organization holding a private party at which
alcohol will be served is not required to obtain a liquor permit
or Liquor Liability Insurance. To be considered a private party
under the law, all of the following must be true of the event:
- The event is not open to the public (i.e. the event
is by invitation only or is open only to a limited and definable
class of persons);
- Admission to and participation in the event is
free of charge (i.e. no admission price, donation, or prepaid
ticket/admission required); AND
- The alcohol at the event is provided by the host
or hosting organization free of charge (i.e. alcohol is not in
any way sold to or paid for by the invitees or attendees).
If the event does not have all of the above characteristics,
a liquor permit and Liquor Liability Insurance must be obtained
and all legal requirements observed relative to the sale and
consumption of alcohol. It is important to note that an event
or party may be construed as being open to the public if the
host or hosting organization fails to restrict or control uninvited
guests from attending. Therefore, if you will not have procedures
in place to ensure that uninvited guests will be excluded, a
liquor permit and Liquor Liability Insurance should be obtained.
THE INSURANCE PROCEDURES
When you obtain a liquor permit, Ohio law protects you for incidents
occurring on your premises, provided you do not serve persons
under twenty-one (21) years of age, allow persons to buy beer
or intoxicating liquor for the consumption by minors, or serve
persons noticeably inebriated. The Liquor Liability Insurance
that must be purchased for every event protects your location,
the Bishop, and the Diocese of Cleveland against incidents occurring,
with $1,000,000 maximum coverage, once your guests leave your
event after consuming alcoholic beverages.
In order to obtain the mandatory Liquor Liability Insurance a
copy of the liquor permit must to be sent to the Diocese five
(5) days prior to the event . Include a check for $110 ,
made payable to the DIOCESAN INSURANCE SERVICE CORPORATION
(D.I.S.C.) and send it to:
Property/Casualty Insurance Department
CATHOLIC DIOCESE OF CLEVELAND
1404 East Ninth Street, Eighth Floor
Cleveland, Ohio 44114-1722
This liquor liability coverage through D.I.S.C. is available ONLY to
the parishes and institutions participating in the D.I.S.C. Master
Insurance Program for events held on their premises. Should you
have further questions, please call (216) 696-6525 or 1-800-869-6525,
Extension 6490, Monday through Friday, between 8:30 a.m. and
5:00 p.m.
Resident Trust Surety Bond
Section 3721.15 of the Ohio Revised Code requires any
nursing home or residential facility that
manages the financial affairs of its residents to purchase
a surety bond or otherwise provide assurances to the Director
of the State of Ohio Department Human Services to insure
the security of all resident funds.
SURETY BOND
A facility may purchase a surety bond in the full amount of
resident funds deposited with the facility. The issuer of this
bond must be licensed and approved to do business in the State
of Ohio . D.I.S.C. can provide this surety bond for your location.
The bond premium is $10 for every $1,000 of
deposited resident funds. An application must be completed and
submitted along with your location's latest annual corporate
financial statement. Please contact the D.I.S.C. agency directly
if this bond is desired.
ALTERNATIVES TO SURETY BONDING
Self-insurance and letters of credit are acceptable alternatives
to a surety bond only if they meet
the following criteria:
- are set up in a separate bank account (other than
the account wherein the resident funds are actually held) that
has sufficient funds to cover the full amount of resident funds
held;
- the account should be identified as the "Surety
or Security for Residents' Fund Account";
- the nursing home or long-term care facility must
forward to the Ohio Department of Human Services a copy of the
account documents including the account number, along with a
letter from the bank or financial institution where the account
is held stating these funds will be used solely to pay for the
loss of residents' funds; and
- the funds should be payable to the Ohio Department
of Human Services on behalf of the resident or residents.
All alternatives to a surety bond must be submitted to and approved
by the Ohio Department of Human Services.
Revised 08/09 |