University Policy 81
Alcoholic Beverages

Initially approved:  January 15, 2002
Revised and Approved by Executive Council:
September 14, 2004;
May 2. 2005;
June 30, 2008;
May 17, 2010;
February 4, 2013
October 21, 2013

Revised and Approved by the Board of Trustees:
July 14, 2008;
June 4, 2010;
March 1, 2013;
March 7, 2014

Policy Topic: Governance and Administration
Administering Office:  Vice Chancellor for Administration and Finance

I.  POLICY STATEMENT

It is the policy of Western Carolina University (the "University") to regulate the service, possession, consumption, and sale of alcohol in University facilities and on University grounds in compliance with applicable North Carolina General Statutes and local ordinances.

II. SCOPE AND APPLICATION OF POLICY

This Policy applies to: (1) all University students and employees; (2) all University contractors and visitors; and (3) all facilities and properties owned, leased or otherwise controlled by the University.

III. DEFINITIONS

"Alcoholic Beverage" or "Alcohol" means any beverage containing at least one-half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages.

"Fortified wine" means any wine of more than sixteen percent (16%) and no more than twenty-four percent (24%) alcohol by volume made by: (1) fermentation from grapes, fruits, berries, rice, or honey; or (2) the addition of pure cane, beet, or dextrose sugar; or (3) the addition of pure brandy from the same type of grape, fruit, berry, rice or honey that is contained in the base wine and produced in accordance with the regulations of the United States.

"Keg" means a portable container designed to hold and dispense 7.75 gallons or more of malt beverage.

"Malt beverage" means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage, except unfortified or fortified wine as defined by this Policy, containing at least one-half of one percent (0.5%) but not more than fifteen percent (15%) alcohol by volume.

"Mixed beverage" means either of the following: (1) a drink composed in whole or in part of spirituous liquor and served in a quantity less than the quantity contained in a closed package; or (2) a premixed cocktail served from a closed package containing only one serving.

"Open container" means a container whose seal has been broken or a container other than the manufacturer's unopened original container.

"Sale" means any transfer, trade, exchange, or barter, in any manner or by any means, for consideration.

"Spirituous liquor" means distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and all other distilled spirits and mixtures of cordials, liqueur, and premixed cocktails, in closed containers for beverage use regardless of their dilution.

"Unfortified wine" means any wine of sixteen percent (16%) or less alcohol by volume made by: (1) fermentation from grapes, fruits, berries, rice, or honey; or (2) the addition of pure cane, beet, or dextrose sugar; or (3) the addition of pure brandy from the same type of grape, fruit, berry, rice or honey that is contained in the base wine and produced in accordance with the regulations of the United States.

IV. SELECTED NORTH CAROLINA LAWS

A. Possession and Consumption of Alcohol by an Underage Person

It is unlawful for any person under twenty-one (21) years of age to possess and consume malt beverages, unfortified wine, fortified wine, spirituous liquor or mixed beverages.

B. Sale or Purchase of Alcohol by an Underage Person

  1. It is unlawful for any person to sell or give any alcoholic beverage to a person under twenty-one (21) years of age.

  2. It is unlawful for a person under twenty-one (21) years of age to purchase or possess any alcoholic beverage.

  3. It is unlawful for any person to aid or abet another person in violation of the provisions in Sections IV.B.1 and IV.B.2 above.

  4. It is unlawful for any person to obtain or attempt to obtain an alcoholic beverage by using or attempting to use: (1) a fraudulent or altered driver's license; or (2) a fraudulent or altered identification document other than a driver's license; or (3) a driver's license issued to another person; or (4) an identification document other than a driver's license issued to another person.

  5. It is unlawful for any person to allow the use of his/her driver's license or any other identification document by any person who violates or attempts to violate Section IV.B.2 above.

C. Unlawful Possession and Use of Fortified Wine and Spirituous Liquor

It is unlawful to consume fortified wine, spirituous liquor or mixed beverages on any public road, street, highway or sidewalk.

It is unlawful for any person to possess or consume any fortified wine, spirituous liquor or mixed beverages upon any premises when the person has been forbidden to possess or consume that beverage by the owner or other person in charge of the premises.

D. Open Containers in Motor Vehicles

It is unlawful to transport fortified wine or spirituous liquor in the passenger area of a motor vehicle in other than the manufacturer's unopened original container.

It is unlawful for a person driving a motor vehicle on a highway or public vehicular area to possess an open container or consume alcohol in the passenger area of that vehicle.

It is unlawful for any person to possess an open container or consume alcohol in the passenger area of a motor vehicle while the vehicle is on a highway or public vehicular area.

V. UNIVERSITY POLICIES ON SALES, POSSESSION, AND CONSUMPTION OF ALCOHOL

A. Possession and Consumption of Alcohol on University Grounds

Except as otherwise permitted by this Policy or other applicable University policies (e.g., the University policy on tailgating), the possession of an open container of any alcoholic beverage or the consumption of alcoholic beverages on University grounds, including vehicular areas, sidewalks and public right-of-ways, is prohibited.

B. Possession and Consumption of Alcohol in University Residential Buildings

Consistent with State law, the possession and consumption of alcoholic beverages by persons of legal age in residential buildings, including the personal residence of a student living in a residence hall and the Chancellor's Residence, are permitted. Possession and consumption of alcohol in the public or common areas of student residence halls are prohibited.

C. Possession, Service, and Consumption of Alcohol in University Non-residential Buildings

The possession, service, and consumption of alcoholic beverages by persons of legal age in specified University non-residential buildings is permitted only as provided in this Section V.C and/or other applicable University policies (e.g., the University policy on BYOB events at the Hinds University Center).

1. General Considerations

a.    Malt beverages and unfortified wine may be served and consumed at approved University events as
provided in this Section V.C. with due consideration given to the educational mission of the University, the purpose of the event, the event audience, and the psychosocial dynamics of alcohol use, misuse, and abuse.

b.    The possession and consumption of alcohol at University-sponsored events must conform to the requirements of State law, applicable local ordinances, and University policies.

c.    Event sponsors/organizers must emphasize the quality and purpose of the event without advertising the service of alcohol.

d.    At each event where alcohol is served, a responsible person must be designated by the sponsor/organizer to ensure compliance with this Policy.

e.    Only the University's food services contractor may serve alcohol at approved University events on the main campus.  Only individuals or businesses licensed to serve alcohol may serve alcohol at approved University events at the Biltmore Park Instructional site.  The event sponsor/organizer is responsible for making arrangements with the food services contractor for on-campus events or the contractor/caterer as applicable for Biltmore Park events.

f.    Non-alcoholic beverages and food (i.e., meals or receptions with hors d'oeuvres) must be available at events where alcohol is served.  For events that include meals, alcohol service may begin 30 minutes before meal service, and end when meal service concludes.  For events that include receptions, alcohol may be served for the duration of the reception, but may not exceed a total of 1 1/2 hours of service.

g.    Alcohol may not be served to anyone who is visibly intoxicated.

h.    Service of alcohol at a University sponsored fundraising event at which a fee is charged to attend the event shall not be deemed as the sale of alcohol; provided, however, that a separate fee is not charged for the alcohol and the requisite service permits have been obtained by the food services provider.

2. Approval Process for Alcohol Service at Specified University Non-Residential Buildings

Event sponsors/organizers must obtain the prior written approval of their Vice Chancellor, or the Chancellor if the event sponsor is a Vice Chancellor, before serving alcohol at a University event. Event sponsors must use the standard form of approval available in Section VIII of this Policy and submit the form to the approving authority fourteen (14) calendar days prior to the event.

Malt beverages and unfortified wine may be served, in accordance with the general considerations listed in Section V.C.1 above, in the following University facilities:

A.K. Hinds University Center: Illusions; Grand Room; and Multipurpose Room
Bardo Fine and Performing Arts Center: Star Lobby; Theater Lobby; and Black Box
Biltmore Park instructional site: 1st Floor Lobby; and Conference Room
Bird Alumni House (when used for events rather than residential purposes)
Blue Ridge Residence Hall Conference Space
Brown Hall: Mary Will Mitchell Room; and Cat's Den
Center for Applied Technology: Lobby
Cordelia Camp Building: Conference Room, Room 141, and Dining Room
Jordan-Phillips Field house: Tom Young Room; 2nd Floor Space; and Patio
Madison Hall Conference Space
Ramsey Regional Activity Center: Hospitality Room; Concourse; Northeast and Northwest Patios; and Ice Rink

Malt beverages and unfortified wine may be served in other University facilities only upon the approval of the Chancellor.

D. Sales of Alcoholic Beverages at the Bardo Fine and Performing Arts Center

Except as provided in this Section V.D, no person or organization, including recognized student organizations, is permitted to sell alcoholic beverages on the University's campus.

Malt beverages and unfortified wine may be sold at events held at the John W. Bardo Fine and Performing Arts Center provided that such sales comply in all respects with state laws pertaining to the sale of beer and wine at performing arts centers located on property owned or leased by constituent institutions of the University of North Carolina as well as applicable Jackson County ordinances.  Prior to the sale of beer and wine at an event, requisite ABC permits must be obtained by the University's food services provider and the food services provider shall be responsible for all alcohol sales and compliance with all applicable laws related to sales.

E. Athletic Facilities and Events

The possession and consumption of alcohol are prohibited in athletic facilities and during athletic events.

F. Academic Uses of Alcohol / Hospitality and Tourism Classes

The Dean of the College of Business and the Director of the Hospitality and Tourism Program shall ensure that the use of alcohol and alcoholic beverages for educational purposes in bar and beverage operations classes shall be in strict conformance with this Policy as well as applicable state and local laws and ordinances. Additionally, the Dean and Director shall develop processes to ensure that alcohol is stored safely and securely, used only for educational purposes, and is disposed of properly at the conclusion of classes.

G. Drinking Games and Contests

Games and contests that reward the capacity to consume large amounts of alcohol or consume alcohol quickly are strictly prohibited on campus. Alcoholic beverages, including cases and kegs of beer, shall not be provided as prizes or awards to students or recognized student organizations.

VII. POLICY REVIEW

This Policy shall be reviewed and revised as necessary every four (4) years.

VIII. RELATED POLICIES AND RESOURCES

Hinds University Center BYOB Alcohol Service: University Policy 102

Tailgating: University Policy 103

Illegal Drugs and Illegal Use or Abuse of Alcohol: University Policy 38

Code of Student Conduct: http://www.wcu.edu/WebFiles/PDFs/WCU_Code_of_Student_Conduct_2013_2014.pdf

Alcohol Service Approval Form

 

 

 

 

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