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UPPS 05.03.03 - Alcoholic Beverage Policy and Procedure

Alcoholic Beverage Policy and Procedure

UPPS No. 05.03.03
Issue No. 14
Effective Date: 10/15/2015
Next Review Date: 9/01/2020 (E5Y)
Sr. Reviewer: Associate Vice President and Dean of Students

  1. POLICY STATEMENTS

    1. This policy sets forth Texas State University’s procedures regarding the sale, purchase, service, and consumption of alcoholic beverages on campus and at university-sponsored events. The Texas Alcoholic Beverage Commission Cash Sale Type Operation Guidelines as Adopted by Texas State University 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.

    2. 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.

    3. This policy should be interpreted consistently with state law and the Rules and Regulations of The Texas State University System (TSUS) Board of Regents.

  2. POLICIES

    1. 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.

      1. The president has designated the facilities listed here 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. Questions regarding the special use facility list should be directed to the Office of the Dean of Students at 512.245. 2124.

      2. Persons may sell, serve, and consume alcoholic beverages in special use facilities in accordance with applicable law. The TABC Guidelines for Serving Wine and Beer 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 events in special use facilities.

    2. 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.

    3. University Housing. Alcohol is prohibited in all university housing facilities, except university apartments to the extent permitted by the Department of Housing and Residential Life policy.

    4. Events. The dean may approve alcoholic beverages at events if the following conditions are met:

      1. the event is held in a special use facility;

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

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

      4. the majority of those attending are at least 21 years of age;

      5. food is served and an alternate non-alcoholic beverage is provided; and

      6. the sponsor assumes responsibility for the university facility, as well as the conduct of persons attending the event.

    5. Security Officers. University Police Department (UPD) security officers must be present at events where alcoholic beverages are consumed unless the dean, UPD director, and facility manager agree that such security is unnecessary.

      1. Event sponsors will pay security officers in accordance with fees that UPD establishes. For non-working hours, 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.

      2. When university funds are used, UPD officers will be paid through university payroll.

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

    7. Donated Alcoholic Beverages. A Texas State office, department, college, or division, or a recognized faculty, staff, or student organization hosting an event may dispense alcoholic beverages that have been donated to the host, provided no charge is made for the alcoholic beverages.

      1. If the host is a Texas State office, department, college, or division or recognized faculty or staff organization, the following conditions must be met:

        1. if liquor is served and the anticipated attendance is in excess of 100 persons, the host must employ a licensed caterer, a TABC-trained bartender must dispense the alcoholic beverages, and UPD security officers must be present; and

        2. if only wine or beer or both are served and the anticipated attendance is not in excess of 100 persons, the large majority of whom are over the age of 21, the host need not employ a licensed caterer and the sponsoring organization may request the dean to waive the requirement for a TABC-trained bartender. However, if the majority of the attendees are under the age of 21, the host may be required to employ a licensed caterer, a TABC-trained bartender, or UPD security officers.

      2. If the host is a recognized student organization, the following conditions must be met:

        1. if liquor is served or the anticipated attendance is in excess of 50 persons, the host must employ a licensed caterer, a TABC-trained bartender must dispense the alcoholic beverages, and UPD security officers must be present; and

        2. if only wine or beer, or both, are served and the anticipated attendance is not in excess of 50 persons, the host need not employ a licensed caterer and the sponsoring organization may request the dean to waive the requirement for a TABC-trained bartender and the presence of security officers. However, if the majority of the attendees are under the age of 21, the host may be required to employ a licensed caterer, a TABC-trained bartender, and UPD security officers.

    8. The dean reserves the option to disapprove any request to serve or sell alcoholic beverages at an event if that disapproval is deemed to be in the best interest of the university community.

    9. Caterers. Because of its license, the university’s food service contractor is the only caterer permitted to serve alcohol in the LBJ Student Center (see UPPS No. 03.01.18, Purchase of Alcohol).

      1. 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 laws 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 of at least $500,000; and

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

      2. 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 to agree to serve only drinks when another caterer serves only the food because of the confusion it often causes.

    10. Funds. University personnel may not use state-appropriated funds to purchase alcoholic beverages.

      1. University personnel are responsible for complying with state and federal laws, Regents’ Rules, and university policies regarding purchasing, serving, and consuming alcoholic beverages. UPPS No. 03.01.18, Purchase of Alcohol sets the guidelines for the purchase of alcohol for allowable activities at Texas State.

      2. The use of a university-issued procurement card (P-Card) to purchase alcoholic beverages is prohibited.

  3. PROCEDURES

    1. A person or organization that desires to sponsor an event with alcoholic beverages will request approval from the dean at least 10 working days before the event.

    2. The sponsor must obtain the written approval on the Alcoholic Beverage Activity form from the following persons at least 10 working days before the event:

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

      2. the UPD director who will assign the appropriate number of security officers and calculate the expected costs; and

      3. the university food service/alcoholic beverage contractor. (For information about the university food service/alcoholic beverage contractor, please see the Auxiliary Services website or call 512.245.2585.)

    3. After the sponsor receives the written approval on the Alcoholic Beverage Activity form from the required persons, the sponsor will submit the form to the Office of the Dean of Students at least 10 working days before the event to obtain the written approval on the form from the dean.

    4. 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 food service/alcoholic beverage contractor, and the dean.

  4. EDUCATIONAL PROGRAMS

    1. The checklist risk of liability contains a checklist to help reduce liability exposure and health risks associated with the consumption of alcoholic beverages.

    2. Throughout the year, Texas State may provide free educational programs for its university community for the purpose of preventing alcohol and drug abuse.

    3. The following support services are available to members of the university community with questions and concerns about the use or misuse of alcoholic beverages and controlled substances.

      1. Counseling Center;

      2. Health Promotion Services in the Student Health Center;

      3. Alcohol and Drug Compliance Services;

      4. Office of the Dean of Students;

      5. Attorney for Students;

      6. Bobcat Balance;

      7. Work Life; and

      8. Employee Assistance Program.

  5. PROCEDURES FOR PUBLICIZING THIS POLICY

    1. During September of each year, the dean will publicize this policy by:

      1. a notice in the Student Handbook;

      2. a memorandum or electronic notification to student organizations and their sponsors; and

      3. a memorandum or electronic notification, with presidential approval, to department chairs, directors, deans, and vice presidents.

  6. REVIEWERS OF THIS UPPS

    1. Reviewers of this UPPS include the following:

      Position Date
      Associate Vice President and Dean of Students September 1 E5Y
      TSUS Associate General Counsel September 1 E5Y
      Director, Special Projects September 1 E5Y
      Director, University Police Department September 1 E5Y
      Director, Procurement and Strategic Sourcing September 1 E5Y
      Director, Auxiliary Services September 1 E5Y
      Director, Athletics September 1 E5Y
  7. 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.

    Associate Vice President and Dean of Students; senior reviewer of this UPPS

    Vice President for Student Affairs

    President