Alcoholic Beverage Policy and Procedure

Alcoholic Beverage Policy and Procedure UPPS No. 05.03.03

Issue No. 12

Effective Date: 10/30/2006

Review: September 1 ONY

01. POLICY STATEMENTS

01.01 This UPPS sets forth the university’s policy regarding the sale, purchase, service, and consumption of alcoholic beverages on campus and at university sponsored events. Attachment I contains separate policy statements for the pub operation in George’s in the LBJ Student Center, the Texas State Golf Course and all applicable Athletic Department facilities where alcoholic beverages are served.

01.02 Texas State promotes healthy responsible living, respect for laws, campus regulations, the individual’s responsibility within the community, and the intellectual, social, emotional, ethical, and physical well being of its community members.

01.03 This policy should be interpreted consistently with State law and the Rules and Regulations of the Board of Regents, Texas State University System.

02. POLICIES

02.01 Special Use Facilities. Texas State will not sell or serve, or permit the sale or service of alcohol on campus except in Special Use Facilities.

a. The President has designated the facilities listed in Attachment II as Special Use Facilities. The President may amend this list as appropriate, and may designate a campus facility as a Special Use Facility on a temporary basis. The Dean of Students will maintain a current list of Special Use Facilities.

b. Persons may sell, serve, and consume alcoholic beverages in Special Use Facilities in accordance with applicable law. Attachment III contains wine and beer serving guidelines as recommended by the Texas Alcoholic Beverage Commission (TABC). The Dean of Students must approve in advance all sales or consumption of alcoholic beverages at social gatherings in Special Use Facilities

02.02 Prohibited Areas. Persons may not possess or consume alcoholic beverages in classrooms, at athletic fields during athletic events, or campus public areas such as campus grounds, streets, sidewalks, the quad, or intramural fields unless the President has designated such areas as Special Use Facilities.

02.03 Residence Halls. Students who are at least twenty-one years of age may possess alcoholic beverages in their residence hall rooms or apartments to the extent permitted by Residence Life policy but not in common areas of these facilities. These students may not provide alcohol to students under the age of twenty-one years. However, no person may possess or consume alcoholic beverages in a residence hall designated as a freshman residence hall or as an alcohol-free residence hall.

02.04 Social Gatherings. The Dean of Students (Dean) may approve alcoholic beverages at social gatherings if the following conditions are met:

a. The event is held in a Special Use Facility;

b. The event is sponsored by: (1) a recognized faculty, staff, or student organization; (2) a department, college, or division; or (3) an appropriate off-campus agency or person as determined by the Dean;

c. The faculty or staff sponsor assuming responsibility for the event is present during the entire event;

d. The majority of those attending are at least twenty-one years of age;

e. Food is served and an alternate non-alcoholic beverage is provided; and

f. The sponsor assumes responsibility for the conduct of persons attending the event.

02.05 Security Officers. University Police Department (UPD) officers must be present at social gatherings where alcoholic beverages are consumed unless the Dean, UPD Director, and facility manager agree that such security is unnecessary.

a. Event sponsors will pay security officers in accordance with fees that UPD establishes. Officers will be paid at least time and a half per hour with a four-hour minimum for each officer unless the UPD Director waives the minimum time requirement.

b. When university funds are used, UPD officers are paid through payroll.

02.06 Kegs. Texas State discourages the use of keg beer at social gatherings because “keg use” encourages consumption until the keg is empty. However, the Dean may approve keg beer at social gatherings if: (1) the sponsor employs a licensed caterer and (2) only TABC-trained bartenders dispense the keg beer.

02.07 Donated Alcoholic Beverages. A Texas State office, department, college, or division, or a recognized faculty, staff, or student organization that hosts a social gathering may dispense alcoholic beverages that have been donated to the host provided no charge is made for the alcoholic beverages and if the following conditions are met:

a. If the host is a Texas State department, college, or division or recognized faculty or staff organization, and:

1) if liquor is served or the anticipated attendance is in excess of two hundred persons, the host must employ a licensed caterer, a TABC-trained bartender must dispense the alcoholic beverages, and UPD security officers must be present.

2) if only wine or beer or both are served and the anticipated attendance is not in excess of two hundred persons, the large majority of whom are over the age of twenty-one, then the host need not employ a licensed caterer, the sponsoring organization may request the Dean to waive the requirement for a TABC bartender and the presence of security officers. However, if the majority of the attendees are under the age of twenty-one, the host may be required to employ a licensed cater, a TABC- trained bartender, or UPD security officers.

b. If the host is a recognized student organization and:

1) if either liquor is served or the anticipated attendance is in excess of one hundred persons, the host must employ a licensed caterer, a TABC-trained bartender must dispense the alcoholic beverages, and UPD security officers must be present.

2) if only wine or beer or both are served and the anticipated attendance is not in excess of one hundred persons, then the host need not employ a licensed caterer, the sponsoring organization may request the Dean to waive the requirement for a TABC bartender and the presence of security officers. However, if the majority of the attendees are under the age of twenty-one, the host may be required to employ a licensed caterer, a TABC- trained bartender, and UPD security officers.

02.08 The Dean reserves the option to disapprove any request to serve or sell alcoholic beverages at a university function if that disapproval is deemed to be in the best interest of the university community.

02.09 Caterers. Because of its license, the University’s food service contractor is the only caterer permitted to serve alcohol in the LBJ Student Center.

a. However, the University’s food service contractor or any other caterer may serve alcoholic beverages at events at other Special Use Facilities if done in accordance with law and university policy and if the caterer has:

1) a license to serve alcoholic beverages;

2) a permit to serve alcoholic beverages at the event;

3) liability insurance; and

4) TABC-trained bartenders to serve the alcoholic beverages.

b. The University encourages using the same caterer to serve food and drinks. Although using different caterers for food and drinks may be legal, most caterers are reluctant, because of the confusion it often causes, to agree to serve only drinks when another caterer serves only the food.

02.10 Funds. A sponsor may not use state appropriated funds to purchase alcoholic beverages.

a. The sponsor is responsible for complying with state and federal laws, Regents’ Rules, and university policies regarding purchasing, serving, and consuming alcoholic beverages.

b. Use of a university-issued procurement card (P-Card) is prohibited without a specific waiver granted by the P-Card administrator.

03. PROCEDURES

03.01 A person or organization that desires to sponsor a social gathering with alcoholic beverages will request approval from the Dean of Students at least ten working days before the event (see Attachment IV). The Dean will provide the appropriate request form and, upon request, will assist the sponsor in completing the form. The sponsor must then obtain the written approval on the form from the following persons at least seven working days before the event:

a. the director or coordinator of the facility where the event will occur;

b. the UPD Director, who will assign the appropriate number of officers and calculate the expected costs;

c. the food service/alcoholic beverage contractor; and

d. the Dean of Students.

03.02 If a planned event is cancelled, the sponsor must (at least 24 hours in advance) notify the director or coordinator of the facility where the event was to occur, the UPD Director, the alcoholic beverage contractor, and the Dean of Students.

04. EDUCATIONAL PROGRAMS

04.01 Throughout the year, Texas State will provide free educational programs for its university community for the purpose of preventing alcohol and drug abuse. Attachment V contains a checklist to help reduce liability exposure and health risks associated with the consumption of alcoholic beverages.

04.02 The University’s Alcohol & Drug Resource Center (ADRC) Office provides a variety of resources for those with questions and concerns about the use or misuse of alcoholic beverages and controlled substances.

04.03 In addition, the following support groups are available to members of the university community:

a. Counseling Center;

b. ADRC- Alcohol & Drug Resource Center;

c. Student Health Center;

d. Dean of Students Office;

e. Attorney for Students.

05. PROCEDURES FOR PUBLICIZING THIS POLICY

05.01 During September each year, the Dean of Students will publicize this policy by:

a. A notice in the student handbook;

b. A memorandum to student organizations and their sponsors; and

c. A memorandum, with presidential approval, to department chairs, directors, deans, and vice presidents.

06. REVIEWERS OF THIS UPPS

06.01 Reviewers of this UPPS include the following:

Position Date

Dean of Students September 1 ONY

Director of Special Projects September 1 ONY

University Attorney September 1 ONY

07. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

Dean of Students; senior reviewer of this UPPS

Vice President for Student Affairs

President