T h e   F a c u l t y  H a n d b o o k

Appendix M


Administrative Procedure   019  Alcoholic Beverages

Effective 9/18/08

 Alcoholic Beverages

 1.     PURPOSE:

To establish the policy and procedure governing the use of alcoholic beverages on University owned or controlled property and at events sponsored by or affiliated with the University.

 

2.   ORGANIZATIONS AFFECTED:

2.1. All on-campus organizations.

2.2. All off-campus organizations sponsored by on-campus organizations.

 

3.   REFERENCES:

3.1. Education Code, Section 89030.

3.2. Business and Professions Code, Section 23000, et seq.

3.3. Board of Trustees minutes of the August 4, 1961, meeting (p. 186 and attachment p. 5).

3.4. Cal State L.A. Administrative Procedure 505, “Use of Facilities and Equipment.”

3.5. CSULA Housing Services Student Guide.

3.6. Drug-Free Schools and Campuses Act, 34 CFR 86.

 

4.   POLICY:

4.1  The intent of this procedure is neither to encourage nor to endorse the use of alcoholic beverages, but to describe the permitted and prohibited use of alcoholic beverages on campus. The University is in full compliance with federal and state laws and is committed to maintaining an environment for its students that is predominantly free of the use of alcoholic beverages. Students, employees, or visitors who violate laws or

University policies concerning alcoholic beverages shall be subject to criminal prosecution and/or institutional sanctions, if appropriate.

 

4.2    Prohibitions--The following activities are prohibited:

4.2.1  Any sale, furnishing, use, or consumption of an alcoholic beverage, at a

University Event, that is made or performed in violation of state or federal law.

4.2.2  Any sale, furnishing, use, or consumption of an alcoholic beverage, at a

University event, that is not included in Section 4.3.

4.2.3  Any sale, furnishing, use or consumption of an alcoholic beverage, at any off campus

event sponsored by a recognized student organization that is in

violation of state and/or federal law.

4.2.4  Any possession, furnishing, use, consumption, or presence of alcohol in any affiliated sorority or fraternity house, or sanctioned (i.e., approved) event.

These locations and associated events shall be “dry” without exception.

 

4.3  Permitted Activities--The activities described in this Section constitute the only permitted sales, furnishing, use, and/or consumption of alcoholic beverages on University property or at University Events:

   4.3.1  University Housing--A resident, 21 years of age or older, may possess and

consume alcoholic beverages within his/her own residence. No person may possess or consume alcoholic beverages in a residence unless he/she is a resident thereof. No person under the age of 21 may be present in or admitted to a residence in which alcoholic beverages are being served or consumed, unless he/she is a resident thereof. To the extent that a resident complies with the restrictions set forth in this subsection, his/her possession and consumption of alcoholic beverages shall be deemed exempt from the definition of  “University Event.”

4.3.2  University Events

The President, or his/her designee, may approve the sale, use, furnishing, or consumption of alcoholic beverages at University Events. Any such approval shall specify the date, time, and place of the event, as well as any special restrictions pertaining to the type or quantity of alcoholic beverages. When deemed appropriate, an approval may be for an indefinite time period. The following general restrictions exist in all approvals by the President or his/her designee, whether or not they are stated at the time of approval:

a) No approval of the sale, use, furnishing, or consumption of alcohol shall approve or be construed to approve an act that is prohibited by law.  Appropriate licenses must be obtained in advance from the Department of Alcoholic Beverage Control, wherever and whenever required by law. No

person under the age of 21 shall be in attendance, nor shall any obviously intoxicated person be served, sold, or given an alcoholic beverage.

b) Attendance at the event shall be limited to members of the sponsoring organization and their invited guests unless the event is taking place at any off-campus establishment. University groups, organizations, staff, administration, faculty, and auxiliaries holding events in a restaurant, club, or outside vendor not affiliated with the University, where alcoholic beverages are normally sold, furnished, and/or consumed, may make special arrangements with the University for the serving of those beverages at off-campus functions. The campus assumes no responsibility for these events and expects the participants to abide by state and federal laws. The event shall not be open to the general public or to the general University community, except when the event takes place within the Luckman Fine Arts Complex or the Golden Eagle. The event shall not be advertised or publicized as an event where alcoholic beverages are to be served.

c) The chair/coordinator of the event and the sponsoring organization are both responsible for compliance with applicable laws, regulations, and University policies.

d) The sales, use, furnishing, and/or consumption of alcoholic beverages shall be immediately ceased at the request of an appropriate University official.

e) In any instance where approval is given for an indefinite period of time, there shall be no service of alcoholic beverages prior to 4:00 p.m., Monday through Thursday, or prior to 11:30 a.m. on Friday, Saturday, and Sunday, without specific approval otherwise.

f) Alcoholic beverage trademarks or logos must be clearly subordinate to the sponsored event itself. Similarly, the name of an alcoholic beverage manufacturer or product may not be connected to the name of the institutional event or facility, but may be promoted as a sponsor of the event.

g) A formal “proof of age” system shall be established for every University event, including controlled/monitored entry points, that involve the presence of alcohol.

 

4.4    Penalties for Non-Compliance--Violations of this policy may subject the violator to

one or more penalties. Individuals may be prosecuted in accord with any applicable federal or state law and may be subject to withdrawal of the consent of the President to remain on University property. If employees, they may be subject to disciplinary and/or personnel action up to and including termination, consistent with University policies, rules and collective bargaining agreements. If students, they may also be subject to institutional disciplinary action. Organizations may be barred from using University facilities, and/or have their affiliation with or recognition by the University revoked.

 

4.5    Exemption--The President or his/her designee, may, in his/her discretion, exempt

persons, events, and/or facilities from the requirements of this procedure, for single events. However, this shall not be construed so as to permit or encourage the unlawful sales, use, furnishing, or consumption of alcoholic beverages.

 

5.   DEFINITIONS:

5.1    Alcoholic Beverage--Includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

 

5.2     Sale--The exchanging of any consideration, either directly or indirectly, for an alcoholic beverage. The term “sale” also includes the imposition of any admission charge to, or any other charge for the event at which alcoholic beverages will be served exclusively to those who pay such charge. The term “consideration”, as used

above, includes money or tickets, tokens or chips which have been issued in exchange for money, or anything else of value.

 

5.3     University Property--Any real property, land, facility, or annex, or appurtenant property thereof, which is owned, leased, licensed, rented, used, or otherwise controlled by the University or an official, employee, or agent thereof, acting in his/her capacity as such.

 

5.4      University Event--Any event, meeting, conference, party, or gathering that is conducted on University property (see Section 5.3.) or that is conducted or sponsored by the University, or by a component thereof, or by an official, employee, or agent thereof, acting in his/her capacity as such, or by any club, team, or organization that is permitted to use the name of the University or that is officially affiliated with the University. Possession and/or consumption of alcoholic beverages that comports with the restrictions set forth in Section 4.3.1. shall be exempt from the definition of  “University Event.”

 

5.5    Appropriate University Official--A campus police officer, the Associate Vice President for Administration and Finance/Financial Services, the Executive Director of University Auxiliary Services, Inc. (or designee), or the Executive Director of the University-Student Union (or designee).

 

5.6    Residence--Any apartment or dwelling within University Housing, including any property appurtenant thereto (including but not limited to balconies, sidewalks, and yards).

 

5.7    Resident--Any person who rents, leases, or resides in a residence.

 

5.8    University Alcohol and Drug Awareness Committee -- Committee established by the President to develop comprehensive alcohol policies and programs that are consistent with the campus mission and annually review programs and goals, assess the effectiveness of the campus programs, and make recommendations to the President.

 

5.9    Dry – No presence of alcohol, at all.

 

5.10  Party – A social gathering, as of invited guests to an identified location, for conversation, refreshments, entertainment, and/or for some special purpose of task.

 

6.  RESPONSIBILITIES:

6.1    The President will establish a University Alcohol and Drug Awareness Committee and designate the Chair of the Committee.

 

6.2    The University Alcohol and Drug Awareness Committee will:

6.2.1. Be composed of:

1. Vice President for Student Affairs, Chair;

2. Executive Director of the University-Student Union;

3. Director of Housing Services;

4. Director of Public Safety;

5. Associate Vice President for Administration and Finance/Financial

Services;

6. Student Health Center, Senior Health Educator;

7. Student Health Center Mental Health Professional;

8. Two ASI representatives-at-large, appointed by ASI;

9. Two faculty members, appointed by the Academic Senate; and,

10. One off-campus alumni representative, appointed by the Alumni Association.

 

 6.3    Any person or organization wishing to serve alcoholic beverages at a University event must notify University Police and submit a Request to Serve Alcoholic Beverages form (Appendix 8.1.) no later than ten (10) working days prior to the proposed event to the Associate Vice President for Administration and Finance/Financial Services (hereafter “AVP/FS”).

 

6.4    The AVP/FS is hereby designated by the President to exercise the discretion set forth in Section 4.3.2  and 4.5  and approve/reject requests submitted in accord with Section 6.3.

 

6.5    The University Auxiliary Services, Inc. (hereafter “UAS”), will forward Request to Serve Alcoholic Beverages forms for UAS events to the AVP/FS. UAS shall only be responsible for those events that are catered by Golden Eagle Hospitality.

 

6.5    The University Auxiliary Services, Inc. (hereafter “UAS”), will forward Request to Serve Alcoholic Beverages forms for UAS events to the AVP/FS. UAS shall only be responsible for those events that are catered by Golden Eagle Hospitality.

 

7.  PROCEDURES:

7.1    Any person or organization, including a college, school, division, department, or campus-based organization, will:

7.1.1. If using University property, reserve University facilities as outlined in Administrative Procedure 505, “Use of Facilities and Equipment.”

7.1.2. Submit a Request to Serve Alcoholic Beverages form (Appendix 8.1.) to the AVPAF no later than ten (10) working days prior to the proposed event.

Groups conducting events through UAS shall, after obtaining approval from the AVPAF, submit the approved Request form to UAS.

7.1.3. Specify on the Request form the source of funds and account number to pay or any alcoholic beverage to be served at the event, if applicable. The request will also affirm that payment of an admission charge to the event is not a precondition of being served alcoholic beverages at the event.

 

7.2   Requests for reimbursement of expenses for alcoholic beverages will be denied in the absence of an approved Request to Serve Alcoholic Beverages form.

 

7.3    The AVP/FS will:

7.3.1. Review and approve or deny requests to serve alcoholic beverages.

7.3.2. Notify the person or organization of the disposition of its request.

7.3.3. Provide University Police with a copy of the approved/denied Request to Serve

Alcoholic Beverages form.

 

7.4    Faculty, staff and student organizations may appeal a negative decision in writing tothe Vice President for Administration and Chief Financial Officer.