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Administrative
Possession and Use of Alcoholic Beverages
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 is concerned about the harmful effects of illegal and abusive alcohol practices on our campus and in the Boone community. Appalachian 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.
Appalachian 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 Appalachian 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 Office of Student Development (262-2060), University Police (262-2150), or the University Attorney (262-2751).
Definitions
The following definitions apply to the referenced terms as they are used in this policy:
“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 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.
“Permit” means any written or printed authorization , issued by the North Carolina Alcoholic Beverage Control Commission , that is valid for a particular location or event.
“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.]
“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.
General Policy
Appalachian State University supports and complies with all State and federal laws that pertain to the use of alcohol. Under University policy, it is improper 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 for any purpose 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 Appalachian.
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 underage intoxicated persons.
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 Judicial Affairs at http://www.judicialaffairs.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, i.e. , the Vice Chancellor for Student Development for all areas within Student Development and the Provost and Executive Vice Chancellor for all other areas, or their respective designees. If an event at which alcoholic beverages are served is open to the general public, a permit issued by the North Carolina Alcoholic Beverage Control Commission is required. The Chancellor or the Chancellor's designee shall establish and publish procedures for university approval of alcoholic beverage service on campus; provided, that use of the facility must be approved and scheduled prior to approval of alcohol use for a specific event. See Appendix A hereto: “Events Involving Possession or Consumption of Alcoholic Beverages Procedural Checklist” (hereinafter “Procedural Checklist”).
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 a permit issued by the North Carolina Alcoholic Beverage Control Commission (“ABC Commission”), the BICC is not subject to the Procedural Checklist and Approval requirements of this policy.
Residence Halls
Only persons 21 years of age or older may possess alcoholic beverages in their own residence hall rooms or in rooms where they are invited guests and the host is at least 21 years of age. Housing & Residence Life shall adopt policies restricting the amounts of alcoholic beverages that residents who are twenty-one (21) years of age or older may bring into a residence hall or maintain in their residence hall rooms. Guests, regardless of age, may not bring alcoholic beverages into residence halls.
Responsibilities of Hosts for Events Where Alcoholic Beverages are Allowed
All University students, employees, units and recognized organizations hosting activities, events, and programs where possession or consumption of alcohol is allowed must complete the Procedural Checklist (Appendix A to this Policy) and comply with the following requirements:
1. |
Any participant who consumes alcoholic beverages at such events must produce for University officials a valid driver's license or other photo ID that reflects the person's age upon request. |
2. |
All recognized University clubs, organizations, departments, and officially sanctioned activities must abide by all laws and policies of the State of North Carolina and Appalachian State University. |
3. |
Ensure that only individuals of legal age serve, are served, possess or consume alcoholic beverages, and that intoxicated individuals are not served alcohol. |
4. |
Individuals may not enter or participate in a BYOB event on campus with more than a six-pack of 12-oz containers of beer or wine coolers (72 oz) or 750 ml of unfortified wine. Facility managers may adopt more stringent limitations for specific events. |
5. |
Except as required by law, regulation or ordinance, no person shall be denied access to any benefit or opportunity that the University provides on the basis of age. The University wishes to ensure that no person shall be prohibited from attending an event or participating fully in the program benefits offered, within the limits of the law, solely on the basis of his or her age. University units and recognized organizations are responsible for arranging supervision of an event where alcohol is served to assure access for all eligible participants, and that no underage consumption of alcoholic beverages occurs. |
6. |
Drinking games or other activities, which encourage excessive consumption of alcohol, will not be tolerated and are prohibited. |
7. |
Alternative beverages must be available at each event in sufficient quantities for those participants who cannot legally drink and for those who choose not to drink alcoholic beverages. See Procedural Checklist, ¶ 6. |
8. |
A sufficient amount of food products (based upon number of participants) must be available at all times. See Procedural Checklist, ¶ 7. |
9. |
Adequate restroom facilities are required and must be in close proximity to these events. |
10. |
A copy of the completed Procedural Checklist (Appendix A) must be delivered to the University Police at least seventy-two (72) hours in advance. When the nature and size of the event require greater than normal staffing on a given date, as determined in the sole discretion of the University Police Chief or that official's designee, the sponsor or host will be required to pay the expense of University Police officers to be in attendance. |
11. |
It is the responsibility of the University departments as well as the organizations' sponsors and/or advisors to inform their constituents of North Carolina law and University Policy in regard to events where alcohol is allowed. It is also the responsibility of sponsors to recognize their individual and/or group liability if violations of state law or University policy occur. |
12. |
Non-students and/or guests of members of the community are subject to all state laws and University policies while on University premises. Failure to abide by the laws and policies may result in (1) a state citation and/or (2) appropriate remedial action by the University. |
The approving official may supplement these requirements upon assessment of the special circumstances of a specific event.
Advertisement/Solicitation for Events Involving Alcoholic Beverages
All University units and recognized organizations that advertise activities where alcoholic beverages will be allowed or served will adhere to the following requirements:
1. |
Drinking will not be promoted or glamorized. |
2. |
Advertisements will clearly support the 21-year legal age limit as established by North Carolina law. |
3. |
When advertising events where alcohol will be served, only the theme or the purpose of the event — not the availability of alcoholic beverages — is to be emphasized. Announcements for an approved BYOB event must specify the limitations on alcohol that may be brought into the facility: e.g. , a six-pack of 12-oz containers of beer or wine coolers (72 oz) or 750 ml of unfortified wine. |
4. |
Each department within the University that engages in advertisement and sponsorship of clubs and organizations will be responsible for understanding and implementing the policy. |
5. |
Each department will establish a mechanism for review of alcohol advertising which will assure that guidelines are met. |
Tailgating
Consistent with state law, only malt beverages and unfortified wine may be possessed or consumed. The following are approved tailgating sites: (1) Greenwood Lot; (2) South Lot; (3) Raley Lot ; (4) Rivers Street Parking Deck; (5) Hill Street Lot; (6) Holmes Convocation Center Lot; (7) John E. Thomas Building Lot; and (8) Farthing Auditorium Lot; (9) Stadium Lot; (10) Justice Lot; (11) CAP Science Building Lot. Only non-breakable containers are allowed at outdoor events. Kegs and other common containers are not allowed at any time. Public display of alcoholic beverage brand-labeled packaging is prohibited.
Consumption of alcoholic beverages may begin no more than 3 ½ hours before the starting time of the event. Consumption of alcoholic beverages after commencement of the event is prohibited.
Any participant who consumes alcoholic beverages at such events must produce for University officials a valid driver's license or other photo ID that reflects the person's age upon request.
Consumption of alcoholic beverages on any other part of the campus or on public streets that run through or are adjacent to the campus is prohibited.
Sanctions
Individuals who fail or refuse to comply with the requirements of this policy may be subject to legal sanctions and/or University discipline, as appropriate.
Resources
Questions regarding this policy should be referred to the University Police Department at 262-2751.
References:
North Carolina General Statutes, § 18B-101
Effective August 2, 2006
Link to: Events Involving Possession or Consumption of Alcoholic Beverages Procedural Checklist
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