Alcohol at University Events

Policy 106.1

Introduction

Campus underage drinking and alcohol abuse is a significant national problem resulting in consequences such as assaultive and self-destructive behavior, property damage, and loss of life. Appalachian State University (the "University") is concerned about the harmful effects of illegal and abusive alcohol practices on our campus and in the Boone community. The University is committed to establishing rules and regulations related to alcohol use and to providing appropriate prevention education and alternative activities for students, faculty, staff, alumni and guests. These actions represent a part of the University's comprehensive effort to maintain an environment that supports and encourages wellness, including appropriate decision-making about alcohol use.

The University also recognizes that many choose not to use alcohol for personal, medical, family, religious and other reasons. These people have the right to live, work and learn in an environment that respects and supports abstinence. This document articulates the policies and procedures governing the use or possession of alcohol at the University in order to assist faculty, staff, students, alumni, and guests in planning for and making intelligent, legal decisions regarding alcohol.

Persons seeking clarification or further information should contact the University Police (262-2150), the Office of General Counsel (262-2751), or the Office of Student Development (262-2060).

Definitions

ABC Permit

any written or printed authorization, issued by the North Carolina Alcoholic Beverage Control Commission ("ABC Commission") that is valid for a particular location or event.

Alcohol or alcoholic beverages

with respect to prohibitions stated in this policy, 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." With respect to provisions of this policy that allow possession or consumption of "alcohol" or "alcoholic beverages", those terms refer to beer or unfortified wine unless an ABC permit allowing service of fortified wine, spirituous liquor and mixed beverages has been issued.

Fortified wine

means any wine, of more than sixteen percent (16%) and no more than twenty-four percent (24%) alcohol by volume, made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by 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.

Malt beverage

means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage containing at least one-half of one percent (0.5%), and not more than fifteen percent (15%), alcohol by volume.

Mixed beverage

means either of the following:

a. 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.

b. A premixed cocktail served from a closed package containing only one serving.

Public or general public

means any person other than current employees, students or invited guests. [Invited guests are not members of the "public" or "general public" for purposes of State law and this policy.]

Serve

means the act of University employees, contractors, volunteers or agents furnishing, selling, or giving alcoholic beverages to another person or persons.

Spirituous liquor or 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 fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by 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.

Policy and Procedure Statements

General Policy

The University supports and complies with all State and federal laws that pertain to the use of alcohol. Under University policy, it is illegal for any person under the age of 21 to possess or consume alcoholic beverages, or for any person to provide alcohol to an intoxicated person or to anyone under the legal drinking age. Campus rules and regulations, while being consistent with local, State and federal laws, reflect the educational mission of the University. Notwithstanding the foregoing, North Carolina law permits license and ABC Permit holders to employ persons eighteen (18) years or older to prepare, serve, dispense or sell any alcoholic beverages, including mixed beverages pursuant to their employment duties (N.C.G.S. § 95-25.5(j)(2)).

Persons who provide alcoholic beverages to anyone who is not of legal drinking age are in violation of North Carolina law and University policies and may be subject to both criminal prosecution and University disciplinary action. They may also be liable for personal injuries or property damages resulting from acts committed by intoxicated persons, whether underage or otherwise.

Members of the University community who choose to drink will be held responsible for their behavior while under the influence of alcohol. Loss of control due to intoxication in no way excuses or justifies violation of state law, University regulations, or the rights of others. See Policy and Procedures on the Illegal or Abusive Use of Alcohol and Other Drugs in the University Resource Manual at http://www.resourcemanual.appstate.edu/administrative/pol9.htm and information provided by the Office of Student Conduct at http://www. studentconduct.appstate.edu/.

Except as otherwise expressly provided in this policy, possession or use of alcoholic beverages on University property is prohibited, unless specifically approved in writing by the Chancellor or the Chancellor's designee (e.g., the Director of Athletics for events falling within his/her jurisdiction, or the appropriate Vice Chancellor for events hosted by University departments, divisions, or entities reporting to that Vice Chancellor), or their respective designees. The Chancellor or the Chancellor’s designee shall pre-approve any event held on campus and establish procedures for approval of alcoholic beverage service, provided, that use of the facility must be approved and scheduled prior to approval of alcohol use for a specific event. The Approval shall be in the form of the “Request for Approval: Events Involving Possession or Consumption of Alcoholic Beverages on Campus”, hereinafter “Request for Approval” (See attached Appendix A).

Events requiring approval fall into one of the following categories:

• Malt beverages and/or unfortified wine will be served but not sold to guests (including members of the public). Neither fortified wine nor spirituous liquor will be served or sold. No ABC Permit shall be necessary for the event.

• A BYOB event, at which individuals may not enter or participate with more than a six-pack of 12 oz containers of beer or wine coolers (72 oz) or 750 ml of unfortified wine. Individuals may not enter or participate with spirituous liquor or fortified wine. No ABC Permit shall be necessary.

• Spirituous liquor and/or fortified wine will be served but not sold to invited guests at a reception, party, or other special occasion held on campus by a third party. The third party seeking to use a University facility for such a special occasion must obtain a Limited Special Occasion Permit issued by the ABC Commission.

• Malt beverages, unfortified wine, or fortified wine will be sold at a single fund-raising event of the University. A Special One-Time Permit issued by the ABC Commission shall be necessary.

• Brown-bagging (allowing each patron to bring up to eight liters of fortified wine or spirituous liquor, or eight liters of the two combined, onto the premises and to consume those alcoholic beverages on the premises) will be permitted at a single fund-raising event of the University. A Special One-Time Permit issued by the ABC Commission shall be necessary.

• Wine, malt beverages, and/or spirituous liquor will be served but not sold to patrons at a ticketed event held to allow the University to raise funds. A Special One-Time Permit issued by the ABC Commission shall be necessary.

Broyhill Inn and Conference Center

The sale, use, and consumption of alcoholic beverages at the Broyhill Inn and Conference Center (“BICC”) shall conform to applicable law. Because the BICC operates on a daily basis under an ABC Permit, the BICC is not subject to the Request for Approval requirements of this policy.

Legends

The use and consumption of alcoholic beverages at Legends shall conform to applicable law. Legends is not subject to the Request for Approval requirements of this policy.

Performing Arts Centers

Although State law generally forbids the issuance of a "permit for the sale of malt beverages, unfortified wine, or fortified wine on the campus or property of a public school or college," the statute provides an exception permitting "constituent institutions of The University of North Carolina" to obtain a permit allowing "the sale of beer and wine at performing arts centers located on property owned or leased by the institutions if the seating capacity does not exceed 2,000 seats." The Chancellor has designated the following as performing arts centers for purposes of this statute: Farthing Auditorium, Rosen Concert Hall, Valborg Theater, and the Turchin Center. Each performing arts center intending to sell malt beverages or unfortified wine must obtain an "On-Premises Malt Beverage Permit" and/or an "On-Premises Unfortified Wine Permit," depending on which alcoholic beverage is to be sold. In addition, spirituous liquor may not be sold at a performing arts center. For events at which an ASU performing arts center will sell malt beverages or unfortified wine pursuant to an On-Premises Malt Beverage Permit or an On-Premises Unfortified Wine Permit, such events are not subject to the Request for Approval requirements of this policy.