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510 - Use of University Properties

Section: 510-1 Section XIII
Effective: 04/01/2003
Supersedes: 08/20/1987
Review: TBD
Issuance Date: 04/01/2003
Issuing Office: Vice Chancellor and Chief Financial Officer/ Student Affairs

PPM 510-1 Section XIII Policy [pdf format]
PPM 510-1 Section XIII Exhibit A [pdf format]

CONSUMPTION OF ALCOHOLIC AND/OR MALT BEVERAGES

 

A.            INTRODUCTION

 

The University provides a broad learning experience for encouraging the personal and intellectual growth of students, faculty and staff. It is in keeping with the role of the University and an aspect of its educational mission to promote responsible behavior which recognizes the rights of both individuals and the community. Thus, the University has an obligation to assist the entire UCSD community to become better informed about alcohol use and its abuse.  Administrative units have special obligations to protect and foster the health and safety of members of the campus community, to encourage healthy lifestyles and to prevent and discourage abuse of alcohol and underage drinking.  Administrative units are discouraged from associating with alcoholic beverage companies and should not sponsor public events and activities involving alcohol.  For purposes of this policy, administrative units are defined to include academic departments.

 

Alcohol consumption and the adverse consequences thereof represent one of the most serious problems on University campuses today. Alcohol problems have effects throughout the spectrum of academic and personal campus life. A significant amount of campus vandalism is alcohol related. Those who consume or serve alcoholic beverages at functions should be provided with an adequate understanding of the substance and the issues that surround its use. This policy places its primary emphasis on behavior, recognizing the rights and responsibilities of individuals to make their own informed decisions regarding consumption.

 

B.            SCOPE

This issuance covers the rules and regulations governing the purchase, sale, service, manufacture, possession and consumption of alcoholic and/or malt beverages on University property under the administration of the San Diego campus. In all instances where consumption is permitted, the sponsoring non‑University persons or sponsoring organizations, student governments, other official campus units, registered campus organizations or college organizations (referred collectively in this policy as Event Sponsors) involved are responsible for compliance with applicable local, state, and federal law and applicable University policies and regulations. Individuals or groups violating such laws policies or regulations may be subject to sanctions by University, local, state, or federal authorities.

 

This issuance does not cover rules and regulations governing approvals or reimbursement for individual entertainment related alcohol purchases. 

 

C.            REFERENCES

1.             UC Systemwide Policy on Use of Alcoholic Beverages, May 21, 1969.

 

2.             UCSD Policy and Procedure Manual (PPM)

 

543-1.1                  Catering Services

 

523                   Purchasing

 

3.             Personnel Policies for Staff Members (PPSM)

 

                        62                     Corrective Action

 

                        62 HR S-1         Corrective Action (UCSD Implementing Procedures)

 

4.             Manual of Academic Senate, University of California, Section V.

 

5.             UCSD Policies and Procedures Applying to Student Activities, including but not limited to the Student Conduct Code.

 

6.             University Hospital and Clinics Regulations (current policy).

 

7.             Scripps Institution of Oceanography Regulations (current policy).

 

8.             UC BFB BUS 79 Entertainment, VI.B., Funding Sources

 

9.             Blink, Travel tab

 

D.            POLICY

1.       California State Law

California law regarding use of alcoholic beverages is highlighted here.  The laws are abbreviated for general use and may not cover all situations.  It is the responsibility of the server or consumer of alcoholic beverages to be aware of, and abide by, all state and local ordinances.

           

It is against the law:

 

a.             To sell, furnish, give, or cause to be sold, furnished, or given away any alcoholic beverage to a person under the age of 21, and no person under the age of 21 may purchase alcoholic beverages.

 

b.            For a person under the age of 21 to possess alcoholic beverages on any street or highway or in any public place or any place open to the public.

 

c.             To sell, furnish, or give away alcoholic beverages to an obviously intoxicated person.

 

d.            To sell alcoholic beverages any place in the state without proper license from the State of California Department of Alcoholic Beverage Control (ABC).

 

2.             UCSD Policy

The purchase, sale, service, manufacture, possession and consumption of alcoholic and/or malt beverages on University property is prohibited except as allowed by the provisions of this policy and as approved, pursuant to section E, Procedures.

 

a.             General Applicability

 

This policy is applicable to all University properties and events including Public Events, Closed Events and Other UCSD properties.

 

1.             If alcoholic beverages are to be sold or exchanged for consideration, the organizers must obtain an appropriate license from the California Department of Alcoholic Beverage Control (ABC).  Consideration includes money or anything else of value.  No ``cover charge'' or ``donation'' may be collected at the door of any event where alcohol is served or sold except when permitted by the Department of Alcoholic Beverage Control (ABC).

 

2.             Whenever alcoholic beverages are served, at least an equal volume of non‑alcoholic beverages must  be made available at the site of the function. It is strongly suggested that food also be made available at these functions and may be required by an approving authority.

 

3.             Only those persons who are at least 21 years of age and who have attended a responsible beverage service training program may serve alcoholic beverages.

 

4.             The amount of alcoholic beverages available shall be reasonably limited by the size of the target population which may legally consume alcohol.

 

5.             State funds, Federal funds or restricted funds may not be used for the purchase of alcoholic beverages for consumption.  It is the responsibility of the University official approving the purchase to be aware of which funds may be properly used.  See UC BFB BUS 79, Entertainment, Section VI.B, Funding Sources.

 

6.             Purchase of alcoholic and/or malt beverages for any University‑sponsored function or function that occurs on UCSD property must conform to all established and approved Procedures as identified in Section E of this policy.

 

7.             Control of Function

 

Event Sponsors are responsible for:

 

a.             Establishing adequate controls to ensure that all persons being served alcoholic beverages are at least 21 years of age.

 

b.            Requiring that in order for alcohol to be served to an individual, a valid picture I.D. (State I.D., Drivers License, etc.) must be presented to the appropriate person.  A second I.D. must be required if the primary I.D. is deemed unacceptable.

 

c.             Providing only single servings of alcohol at a time.

 

d.            Denying service to individuals who appear to be intoxicated or who appear to be turning over alcoholic beverages to persons under 21 years of age.

 

e.             Stopping the service of alcohol prior to the ending time of a scheduled event (e.g. - at least one hour before the end of an event scheduled for three or more hours).

 

b.         Public Events

 

1.         Public events are defined as events approved by the appropriate University officials which are held in public space on University property and/or are open to the public.

 

2.         Public space shall be defined as all areas that are generally open to the public.  This does not include:

 

a.         Personal living space or areas that have access limited to only those in authorized possession of keys; or,

 

b.         Space that is assigned to academic, research, or administrative units; or,

 

c.         Areas that are dedicated for academic, research, or administrative activities, functions, or events conducted by the University.

 

3.         Event Sponsors of public events at which alcohol can legally be served must submit a Use of Alcoholic and/or Malt Beverages Form for approval to the appropriate University Official at least 4 weeks before the event.  Prior to the consideration of approval, the University Sponsor(s) must meet with the appropriate designated facility manager and submit a written security plan that addresses compliance to applicable law and University policy in the planning and managing of the event (see PPM 510-1 Section VI and PPM 510-1 Section XIII).  Approval of this request must be granted in writing within five (5) business days from the date the request is received.  The request is presumed to be denied unless a written approval is provided to the event organizers or sponsors.  Vice Chancellors, or their designees may approve exceptions to this deadline.

 

4.         Event Sponsors must take steps to ensure that the consumption of alcohol is not the focus of the event.

 

5.         Security at all events must be coordinated through the designated facility manager and the University of California Police Department. The sponsoring organization must have their security plan approved by the facility management before the event can be held.  If contracted, private security companies selected by event organizers to provide security for the event must conform to the standards and requirements established by the University Risk Management Office and the University Police. 

 

6.         In order to identify persons that are not of age to drink, a secure system shall be used at large events where under-aged persons may be present and alcohol is served, such as, but not limited to: (1) specialized cups given only to persons of legal drinking age, (2) colored wrist bands given only to persons of legal drinking age, as designated by University officials, and (3) placement of physical barriers, such as fencing for beer gardens, to separate those persons who are at least 21 years of age from those who are under-aged. 

 

7.             Persons who, in the judgment of the server and/or sponsor, are intoxicated shall not be served.

 

8.             Alcoholic beverages not being served directly by official event personnel at the event are prohibited. Individuals are prohibited from bringing their own alcoholic beverages to any function. Exceptions for donations from University support groups may be granted by the Vice Chancellors or their designees on a case‑by‑case basis.

 

9.             Event Sponsors must also conform to other General Applicability tasks as outlined in section D.2.a. of this policy.

 

c.         Closed Events

 

1.         Closed events are defined as events that limit attendance to members of the sponsoring organization or academic, research, or administrative units, and their invited guests.

 

2.         Event Sponsors of closed events where alcohol is served must submit a Use of Alcoholic and/or Malt Beverages Form for approval to the appropriate University Official at least three weeks before the event.  This approval must be granted in writing within five (5) business days from the date the request is received.  The request is presumed to be denied unless a written approval is provided to the University Sponsor.  Vice Chancellors, or their designees, may approve exceptions to this deadline.

 

3.         Event Sponsors must take steps to ensure that the consumption of alcohol is not the focus of the event.

 

4.         Event Sponsors must describe how the organization will effectively control the consumption of alcohol by persons who are at least 21 years of age and how the organization will prevent the consumption of alcohol by under-aged persons.

 

5.         Event Sponsors must also conform to other General Applicability tasks as outlined in section D.2.a. of this policy. 

 

3.         Restrictions and Special Conditions

 

a.         Residential Facilities

 

All residential facilities on University property shall fall under the jurisdiction of this policy.

 

1.         The consumption of alcohol is prohibited in all areas of the on‑campus housing facilities except for private rooms and those dwelling units designated by the Director of Housing and Dining Services as exempt from this subsection.  Additionally, public events and activities that include the use, consumption, sale, manufacture, or distribution of alcohol may not be conducted in areas that are proximate to housing that are occupied predominately by students who are under 21 years of age. 

 

2.         Kegs or other large volume alcoholic beverage containers are prohibited in all areas of the on‑campus housing facilities.

 

3.         It is a violation of on‑campus housing regulations for students or guests under the age of 21 to consume or possess alcohol in any public or private housing area.

 

4.         Residents who provide alcohol to guests may be held accountable by the University for the behavior of their guests.

 

5.         The Director of Housing and Dining Services may approve the use of alcohol for Conference Services functions consistent with the policies for alcohol service at Closed Events as outlined in Section D.2.c.  

 

b.         Other UCSD Properties

 

The purchase, sale, service, consumption, distribution or possession of alcoholic beverages on University of California, San Diego properties shall be in accordance with applicable law and University policies and regulations and is prohibited except in the following instances:

 

1.         Areas specifically designated by the Chancellor or other appropriate University officials for a particular function not open to the public.

 

2.         Administrative units or departments conducting a small meeting or function (e.g. - 20 persons or less) among employees in private offices/space with the approval of and in the presence of an appropriate University official or faculty member.  All persons in attendance must be 21 years of age or older.

 

3.         Areas, properties, or establishments licensed by the State of California Department of Alcoholic Beverage Control (ABC).

 

4.         Off‑campus locations by campus organizations or units sponsoring activities subject to regulations of the properties (areas) being used. Liability insurance coverage may be required, subject to review by the Campus Risk Management Office, if the event is open to the general public. See also Section D.8., Liability, of this policy.

 

5.         This issuance does not cover rules and regulations governing Scripps Institution of Oceanography vessels, for which policies and procedures on the sale, service, consumption, or possession of alcoholic beverages are issued by the Director, SIO, or his/her designee.

 

4.         Sponsorship of Campus Events

a.         Official Sponsors

 

Functions where alcoholic beverages are being served must be sponsored by an official campus academic, research, or administrative unit.  Affiliated organizations (registered student organizations, staff associations, etc.) and non-affiliated organizations (commercial and non-profit organizations) must obtain the approval or sponsorship from the appropriate official campus academic, research or administrative unit to serve alcoholic beverages.

 

b.         Manufacturers and/or Distributors of Alcoholic Beverages

 

1.             All sponsors must comply with University and UCSD policies and procedures, and State law concerning all aspects of the event. 

 

2.             Donated alcohol may not be sold. 

 

3.             University or Event Sponsors must be clearly identified as the primary sponsor of the event.  Manufacturers and/or distributors of alcoholic beverages may not be primary sponsors of campus events.  Any recognition of the manufacturer and/or distributor shall be secondary to the University or Event sponsor and this distinction must be tastefully maintained in any advertising, displays or announcements in connection with the event.  The name, logo, or other identifiable characteristic of the manufacturer and/or distributor of alcoholic beverages cannot be at all or in part included in the identification of the name of the event.  The University's seal and/or logo shall not be used on any material containing reference to an alcohol manufacturer/distributor.

 

4.             Manufacturers and/or distributors of alcoholic beverages may not be sponsors of any kind for any event at which alcoholic beverages are served.

 

5.             Sponsorship by manufacturers and/or distributors of alcoholic beverages must be in the form of money, goods or services specified by the University sponsor.  Sponsorship may not include donations of clothing or attire or other articles identifying the manufacturer and/or distributor by such features as name and logo.

 

6.             The University Sponsor that is sponsoring events which are cosponsored by manufacturers and/or distributors of alcoholic beverages must make a demonstrable attempt to secure non‑alcohol related sponsorships as well.

 

7.             The University's in‑house printing facilities shall not be used to print materials that are substantially or primarily advertising for the manufacturer and/or distributor of alcoholic beverages, and therefore inconsistent with the mission of the University.

 

5.         Advertising

Event Sponsors must ensure that the restrictions listed below are followed when developing advertising for a function:

 

a.         The availability of alcohol at events shall not be advertised.        

 

b.         Violations of State or Federal law or University regulations are not to be implied. Advertising shall not contain statements or inferences regarding the availability of alcoholic beverages, such as:  “All You Can Drink”, “Everyone May Drink”, “Wine and Cheese Reception” or “Beer Garden”.

 

c.         The name of the Event Sponsor is to be included on or in all advertising.

 

6.         Enforcement

Violations of this policy shall be referred to the appropriate UCSD official and/or the appropriate legal authority for processing in accordance with applicable law and/or University policies and regulations.

 

7.         Sanctions

The following sanctions may apply to any organization and/or individual(s) abusing the privileges granted by this policy:

 

a.         Staff, Faculty, and Others:

 

Violation of University policies or campus regulations may subject a person to possible legal penalties. Faculty and staff members of the University may also be subject to discipline under the Manual of Academic Senate, University of California, Section V for faculty discipline and PPSM 62, Corrective Action, or appropriate contracts for further information concerning staff discipline, respectively.

 

b.         Students, registered student organizations, and college organizations who violate this policy will be subject to disciplinary sanctions in accordance with UCSD Student Conduct Code, including but not limited to;

 

1.         Prohibition to sell, serve, consume, or possess alcohol for a stated length of time.

 

2.         Denial of access to the property, area, establishment, etc. for a stated length of time.

 

3.         Denial of program/event/function approval for a stated length of time.   

 

4.         Organization(s)/individual(s) probation for a stated length of time.

 

5.         Loss of organizational status for a stated length of time.

 

8.         Liability

University and Event Sponsors and individuals as representatives, agents, or officers of the Event Sponsor should make themselves aware of their potential legal liability and other consequences to the organization or individual should a suit be filed against the organization/individual, especially when a person attending a function and consuming alcoholic beverages is involved in an accident resulting in personal injury or death. Event Sponsors are encouraged to procure liability insurance for the planned event (see Section E.5. below).  Event Sponsors may be required to pay any applicable deductible for University Insurance.

 

E.         PROCEDURES

Event Sponsors must complete a Use of Alcoholic and/or Malt Beverages form, and obtain all appropriate approvals when alcoholic beverages are being served at sponsored functions or events.

 

1.             Use of Alcoholic and/or Malt Beverages Form, Exhibit XIII-A, by registered undergraduate and graduate student organizations and groups:

 

a.     Three Principal Members of the sponsoring student organization or group must complete and sign the Use of Alcoholic and/or Malt Beverages Form, thus accepting personal responsibility for the function individually and on behalf of the organization.  These three individuals must be at least 21 years of age.

 

b.    For Closed Events, the requestor must submit a completed copy of this form to the appropriate University official AT LEAST THREE WEEKS PRIOR TO THE FUNCTION, along with the completed Use of Facilities and Sponsorship form (see PPM 510-1, Section IV, Authorized Users) or an approved facility reservation form.

 

c.     For Public Events this must be AT LEAST FOUR WEEKS PRIOR TO THE FUNCTION. Additionally, for Public Events, a written security plan must be submitted describing how the sponsor will ensure compliance to California state law and UCSD policy regarding the service and consumption of alcoholic beverages. 

 

d.    Each of the following University officials must also approve the function and sign the Use of Alcoholic and/or Malt Beverages Form. It is in the purview of University officials to deny such requests. The designated University officials, or their duly authorized designees, authorized to approve the Use of Alcoholic and/or Malt Beverages Form are as follows:

 

1.     The appropriate SOLO Advisor and/or College Dean if sponsor is an Undergraduate College.

 

2.     Facilities Management: Facilities Director/Manager or designee  (e.g. – University Center Director, Sports Facilities Director, Mandeville Center Director, Manager of Birch Aquarium, etc.).

 

3.     Vice Chancellor-Student Affairs or designee, for undergraduate students, registered student organizations or college organizations.

 

Vice Chancellor of Research and Dean, Graduate Studies, or designee, if the sponsor is a graduate school organization.

2.             Use of Alcoholic and/or Malt Beverages Form, Exhibit XIII-A, by academic, research or administrative units, and other University Sponsors:

 

a.         The officer or key official of the sponsoring unit/organization must complete and sign the Use of Alcoholic and/or Malt Beverages Form, thus accepting personal responsibility for the function individually and on behalf of the organization.  This individual must be at least 21 years of age.

 

b.         For Closed Events, the requestor must submit a completed copy of this form to the appropriate University official AT LEAST THREE WEEKS PRIOR TO THE FUNCTION, along with the completed Use of Facilities and Sponsorship form (see PPM 510-1, Section IV, Authorized Users) or an approved facility reservation form.

 

c.         For Public Events this must be AT LEAST FOUR WEEKS PRIOR TO THE FUNCTION. Additionally, for Public Events, a written security plan must be submitted describing how the sponsor will ensure compliance to California State Law and UCSD policy regarding the service and consumption of alcoholic beverages.

 

d.         University officials must also approve the function and sign the Use of Alcoholic and/or Malt Beverages form. It is in the purview of University officials to deny such requests. The designated University officials, or their duly authorized designees, authorized to approve the Use of Alcoholic and/or Malt Beverages Form are as follows:

 

1.         Academic, research, or administrative units:  Departmental Chair/Director.

 

2.         Other affiliated and non-affiliated Sponsors (staff associations, Alumni and Development, conference groups, etc):  The respective Dean, Director/Manager or authorized administrative official.

 

e.              If the host facility is not under the direct control of the sponsoring department or unit, then additional approval must be obtained by the host Facility Management (e.g. – University Center Director, Sports Facilities Director, Mandeville Center Director, Manager of Birch Aquarium, etc.).

 

3.         The UCSD Police Department shall be the office of record for filing the original, completed, and approved Use of Alcoholic and/or Malt Beverages Form. A copy shall be maintained in the office of the approving University official.  A copy shall also be sent to the sponsor of the function and, if alcohol will be purchased with a Purchase Order, a copy shall be sent to the Purchasing Division.

 

a.             The University Police department will issue a Use of Alcohol Permit.  This permit must be available at the event for inspection by any appropriate University Official.

b.            Note: A Use of Alcoholic and/or Malt Beverages Form is not required for administrative units or departments conducting a small meeting or function (e.g. - 20 persons or less) among employees in private offices/space with the approval of and in the presence of an appropriate University official or faculty member.  All persons in attendance must be 21 years of age or older.

 

4.         Purchase of alcohol and/or malt beverages for use in University facilities must conform to one of the following UCSD policies and procedures:

 

a.         UCSD Catering Services PPM 543-1

 

b.         Purchase Order Requisition

 

Submit a Purchase Order Requisition, along with the completed and approved Use of Alcoholic and/or Malt Beverages Form, prior to purchasing any alcoholic beverages for the function.  ``After‑the‑fact'' submittal of a Purchase Order Requisition will not be approved without an exception approval of the appropriate Vice Chancellor.

 

c.         Submission of a Payment Request payable to the vendor for the purchase of alcoholic beverages along with the completed and approved Use of Alcoholic and/or Malt Beverages Form, to the Disbursements Division may be made only in those instances where the vendor will not accept a UCSD Purchase Order.

 

d.         Under no circumstances will the University provide ``Personal Reimbursement'' for purchases of alcoholic and/or malt beverages.

 

5.         Insurance

 

Event Sponsors are encouraged to procure liability insurance for the planned event. To obtain information regarding insurance, contact the UCSD Campus Risk Manager at least four (4) weeks prior to the date of the function.

 

6.         Application for Licensing

 

It is illegal to sell alcohol before an appropriate license is obtained.  If alcohol is to be sold at a function or event conducted on University property or hosted by a University Sponsor, the organizers must obtain an appropriate license by:

 

a.         Obtaining written approval from the Chancellor; and

 

b.         Submitting the Chancellor's approval along with a detailed written request to the San Diego office of the California Department of Alcoholic Beverage Control (ABC).

 

7.         Calendaring and Scheduling

 

The procedures for calendaring and scheduling space must be followed as described in PPM 510-1, Section IV, Authorized Users.

 

 

 

USE OF ALCOHOLIC AND/OR MALT BEVERAGES FORM

 

The UCSD Use of Alcoholic and/or Malt Beverages Form is available in fill-in pdf format at the following location:

 

http://adminrecords.ucsd.edu/PPM/docs/510-1%20Section%20XIII.pdf

 

It is also available on the next page.