Alcoholic Beverages Policy

Month/Year Posted: 
April, 2019
Policy Number: 
P19-04

Responsible Office: Risk Management and Safety Services

Applies to:
All members of the University community and non-HSU groups requesting permission to serve alcoholic beverages at University events and non-HSU groups requesting permission to serve alcoholic beverages on University property.

Supersedes: EM:P11-01, UML 96-6, 94-1, 92-1, and P89-3, P87-1, P76-16, P74-11

Purpose of the Policy

This policy establishes rules and procedures for the approval of service and consumption of alcoholic beverages at Humboldt State University. It is the University’s expectation that when alcoholic beverages are served it will be under conditions that complement the orderly functioning of the University. Non-HSU groups are subject to these regulations when providing alcoholic beverages on University property.

Table of Contents

Definitions
Legal Requirements
Policy Details
        I.  Sale of Alcoholic Beverages
       II.  General Guidelines When Alcohol is Served
      III.  Procedures For Obtaining Approval To Serve Alcohol
      IV.  Officially Recognized Campus Organizations
       V.  University Center (Dining Services and Center Arts)
      VI.  On-Campus Housing
     VII.  Intercollegiate Athletic Events
    VIII.  Pre-game Events ("Tailgating")
      IX.  Advertising in University Publications
       X.  Enforcement

History

Definitions

University Event:  An event (either on or off campus) sponsored by an officially recognized University department or organization.

 • University Property:  Any land, building or facilities owned, leased, or operated by the University or its affiliated auxiliary organizations.

Legal Requirements

All state laws are applicable to Humboldt State University and to all individuals on the properties of the University. In the State of California, only individuals 21 years of age or older can legally possess, consume, or purchase alcoholic beverages.

The California Business and Professions Code and related statutes control the sale, consumption, and possession of alcoholic beverages. The California State Board of Alcoholic Beverage Control (ABC) is responsible for interpretation and enforcement of the laws regarding the consumption, sale, or possession of alcoholic beverages in/on any licensed premises. The California Department of Public Safety is responsible for exercising normal police powers in enforcing laws relating to alcohol.

The University Code of Rules and Regulations, Section 5203, states:

     “The consumption of alcoholic beverages or possession of any open container . . . is prohibited on the streets and grounds, in any campus building, or in any public place . . . except with the expressed permission of the President or the President’s designee upon prior notification of the University Chief of Police.”

Employees of the University may not consume alcoholic beverages while at work. Pursuant to Education Code 89535, employees are not allowed to be under the influence of alcohol while on duty.

Policy Details

This policy shall govern all activities relating to the sale, service, possession, distribution, and consumption of alcoholic beverages on University property or at any University event.

I. Sale of Alcoholic Beverages

State required licenses for sale must be obtained in advance from the California Office of Alcohol and Beverage Control (ABC).

II. General Guidelines When Alcohol is Served

Alcohol may only be served at a University Event or an event on University Property with prior approval from Risk Management and Safety Services.

When alcoholic beverages are to be served, the sponsors of the event are responsible for ensuring that individuals under age 21 do not have access to and do not consume alcoholic beverages. Proof of age will be required as determined by valid identification (driver's license, etc.). Where appropriate controls cannot be satisfactorily established, authorization will not be given for serving of alcoholic beverages.

When alcoholic beverages are available at University events or on University property, the sponsor of the event must hire a trained server.

Servers may not consume alcohol.

Service of alcoholic beverages shall be limited to two drinks per person per transaction.

Service of alcoholic beverages will end at the end of intermission for performances and the end of half-time for sporting events.

Event sponsors will follow security guidelines provided by Risk Management and Safety Services.

No alcoholic beverages will be served at any campus events until after 5 p.m. Monday – Friday. Weekends and holidays are exempt from the time restriction.

At any event at which alcoholic beverages are available, non-alcoholic beverages and foods must be available. Such offerings will be as prominently displayed as any alcoholic beverage.

Cost to repair any and all damages incurred during the event as well as the costs of any clean-up necessary to restore the facility to its original condition will be the responsibility of the event sponsor.

Maintenance of decorum appropriate to the University setting will be maintained at all times.

No event will include any form of alcoholic "drinking contest" in its activities or promotion.

If the event sponsor is not a covered party under the University's insurance they must provide evidence of insurance for a minimum of $1,000,000 general liability and $1,000,000 liquor liability, $2,000,000.00 aggregate.

III. Procedures for Obtaining Approval to Serve Alcohol

Requests to serve alcoholic beverages shall be submitted to the office of Risk Management and Safety Services (RM&SS) for approval no later than five business days prior to the event.

Once approved, the copies of the approval will be forwarded by RM&SS to the appropriate building coordinator, University Police Department, and requestor.

The Risk Manager has sole discretion to accept or reject requests to serve alcoholic beverages at University Events or events on University Property. When considering such requests, the Risk Manager will weigh the potential liability to the University against the value of the event to the University community.

IV. Officially Recognized Campus Organizations

An officially recognized campus organization (student, staff, faculty, administrative) may sponsor a function at which alcoholic beverages are served. When sponsoring such a function, the organization and its officers must agree to the General Guidelines (section II.) and the following:

• Event shall be open only to the membership of the sponsoring entity and others who can reasonably be considered guests. Events sponsored by Athletics or Center Arts that are open to the public, such as cultural events, athletic events, concerts, or dances, are not subject to this requirement.
• The club advisor must make requests for student clubs. Approval of the request will be contingent upon the advisor being present for the entire event.

V. University Center (Dining Services and Center Arts)

The University Center, Dining Services, under a license issued by the California State Board of Alcoholic Beverage Control is authorized to serve/sell beer in the Depot subject to the provisions of the license. The University Center has agreed to only serve/sell beer after 3 p.m.

When University Center, Dining Services caters an event at which alcoholic beverages are sold or are served and the premises are open to the general public, a permit must be obtained from the California State Board of Alcoholic Beverage Control.

When Center Arts hosts an event at which alcoholic beverages are sold, a permit must be obtained from the California State Board of Alcoholic Beverage Control.

VI. On-Campus Housing

On-campus residents (including but not limited to students, conference guests, and all other visitors in residence halls) who are 21 years of age or older may possess and consume alcoholic beverages in the privacy of their room, in accordance with regulations adopted by the Department of Housing and Residence Life. Open containers of alcoholic beverages may not be transported through the residences halls. Alcoholic beverages may not be consumed in public areas of the residence halls, unless it is a special non-student event with the Department of Housing and Residence Life's approval, and in accordance with the provisions of this policy.

The complete residence hall policy relating to alcohol can be found in the "Reslife & You" handbook, which is a contractual supplement to the Housing License for students. Non-student residents should refer to their housing contract for additional information.

VII. Intercollegiate Athletic Events

Sales and service of alcoholic beverages at athletic events shall be limited to beer and wine.

VIII. Pre-game Events ("Tailgating")

The University will maintain rules for pre-game events ("tailgating") which permit the consumption of beer and wine in an established area and requires participants to provide their own beer and wine. Alcoholic beverages may not be sold, shared, or served to others at these events. The trained server, insurance requirements, and prior permission from the Risk Manager are not applicable to this section, but all other General Guidelines apply.

IX. Advertising in University Publications

Advertising of alcoholic beverages is limited to beer and wine only. Advertisements for distilled spirits is not permitted.

Any advertising, promotional displays or messages shall incorporate clear language to encourage only responsible and legal use of alcoholic beverages. Such messages shall be at least as prominent (in content quantity and font size) as any other message content such as product slogans or listed attributes of a particular product.

Alcohol advertising cannot encourage any form of alcohol abuse nor place emphasis on quantity and frequency of use.

Advertising from retailers or distributors that promote "drink specials" (e.g., 2 for 1 drinks, half-price happy hour drinks, etc.) are not allowed.

Alcohol advertising on campus or in institutional media shall not portray drinking as a solution to personal or academic problems, or as conducive to personal, social, athletic, or academic success.

Alcohol beverage marketers/distributors must help promote campus alcohol awareness programs that encourage and inform students about the responsible use or non-use of beer, wine, or distilled spirits.

Alcohol beverage promotions permitted by the University may not incorporate quotes from or photos or other likenesses of students, student-athletes, employees (including coaches, faculty, etc.) or campus mascots as active participants in a promotional message.

In all promotions, alcohol beverage trademarks or logos must be clearly subordinate to the sponsored event itself.

Promotional activities are not to be associated with campus events or programs without the prior knowledge and written consent of the Vice President for Student Affairs.

The name of an alcoholic beverage product may not be connected to the name, logo or mascot of a campus or of a University event or a facility (e.g., XYZ wine golf tournament, etc.).

The University's name, a department name, or any related nickname, logo or mascot may not be utilized in a way that implies an alcoholic product endorsement by the University (e.g., XYZ Beer - beverage of choice for HSU, fans).

University departments and organizations may not distribute clothing, posters, or other promotional items that utilize the University or athletic department symbol, name, image, logo or mascot in combination with an alcoholic beverage trademark or logo.

Any alcohol promotional material connected with any University athletic event (e.g., media guide game programs, off-campus billboards, etc.) must receive prior written approval by the President, or their designee.

Promotional materials associated with any other University program (other than athletics) must be approved in writing by the Vice President for Advancement.

This policy does not restrict the amount or content of alcohol advertising, purchased independently through commercial radio, TV and media companies, during broadcasts of athletic events. However, broadcasters under contract with HSU should strongly be urged to follow the above provisions when accepting commercials that promote alcoholic beverages.

Student media should also be encouraged to consider following the above provisions for any advertising messages for alcoholic beverage companies/distributors/products.

X. Enforcement

Enforcement of matters of law is the responsibility of the University Police Department.

The institution may impose penalties for violations of standards of conduct up to and including expulsion, termination of employment, and criminal prosecution. Any disciplinary action resulting from violations of this policy shall be administered in a manner consistent with the terms of the applicable collective bargaining agreement and/or the applicable provisions of the California Education Code.

Disciplinary action directed at students will be in compliance with the Student Conduct Procedures, Executive Order 1098. Penalties will be handled by the appropriate administrator. Additional penalties may be imposed by those areas that have jurisdiction over specific events.

Executive Order 1109

Executive Order 1098

California Business and Professions Code 23399.1

History

Issued: 03/26/2019
Revised: MM/DD/YYYY
Edited: MM/DD/YYYY
Reviewed: MM/DD/YYYY