Alcoholic Beverage Policy - Student Handbook

I. Purpose

The service and consumption of alcoholic beverages (alcohol) at University events must be conducted in a manner that complies with the law, and that demonstrates sensitivity to issues relevant to alcohol consumption, the effect of alcohol on academic performance, potential for a dependence on alcohol, the University’s legal liability, vandalism as it relates to alcohol abuse, the rights of persons over the age of 21 to consume alcohol, and social pressure to drink created by certain social situations. The policy is designed to insure that members of the University community make informed decisions regarding alcohol. The University cannot and should not take responsibility for every decision made about alcohol by members of the University community; the University can set guidelines that establish a safe and legal environment in which those decisions can be made.

II. Scope

The policy applies to all University students, faculty, staff, and visitors, and to events at all University buildings and grounds.

III. Definitions

For purposes of this policy, the following terms are defined:

Alcoholic Beverage: Any beverage containing at least one half of one percent of alcohol by volume. In this policy, the terms “alcoholic beverage” and “alcohol” are interchangeable.

Beer: Malt beverages, including Beer, liquor, malt liquor, ale, porter, and any other brewed or fermented beverage containing at least one half of one percent alcohol by volume.

Unfortified wine: Wine that has an alcoholic content produced only by natural fermentation or by the addition of pure cane, beet, or dextrose sugar, and that has an alcoholic content of not less than six (6) percent and not more than seventeen (17) percent alcohol by volume.

Fortified wine: Any wine made by fermentation from grapes, fruits, berries, rice or honey, to which nothing has been added other than pure brandy made from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine, and which has an alcoholic content of not more than 24% alcohol by volume.

Spirituous liquor: 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.

Mixed beverage: 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.

Common source container: Kegs, coolers, and similar containers of Alcoholic Beverages intended to serve as a source of such beverages for a large number of people at a party or other gathering.

Sale of alcoholic beverage: Any exchange of something of value for an alcoholic beverage. Law enforcement authorities broadly interpret “sale of alcoholic beverages” to include such practices as charging admission to events where alcohol is served, requiring the purchase of tickets, or requiring donations or other exchanges in order to receive Alcoholic Beverages. Such exchanges are viewed as indirect payment for Alcoholic Beverages and are, therefore, illegal.

Performing Arts Center: a University building or space which is designated as a performing arts center and which has a seating capacity of less than 2,000.

IV. Background

The use of alcohol at social events on the campus of the University of North Carolina at Asheville must conform to the laws of North Carolina and the City of Asheville. North Carolina statutes on the purchase, possession and use of alcohol can be found at Chapter 18B of the N.C. General Statutes, and they include the following general principles:

Generally, only persons who are twenty-one years old or older may purchase Alcoholic Beverages and may possess and consume Alcoholic Beverages. At UNC Asheville, only students who are twenty-one years of age or older may possess or consume alcoholic beverages at their homes or temporary residences, including campus residence hall rooms where they reside.
It is unlawful and a violation of this policy for any person under the age of twenty-one to purchase, possess, or consume Alcoholic Beverages.
It is unlawful for any person to sell or give Alcoholic Beverages to anyone less than twenty-one years of age or to aid or abet a person under the age of twenty-one to purchase, to attempt to purchase, or to possess, any Alcoholic Beverage.
State law prohibits the Sale of any Alcoholic Beverage on the University campus by any person, organization, or corporation on property of the University except for an alumni organization that is conducting the sale for fund raising purposes, and except in an area designated as a “performing arts center”.
It is unlawful for any person to display any Alcoholic Beverage at any athletic contest.
It is unlawful for any person to consume or offer to another person Fortified Wine, Spirituous Liquor, or Mixed Beverages on any public road, street, highway, or sidewalk.
Prepackaged caffeinated alcoholic beverages are prohibited on campus.

V. General Guidelines

Student fees and state funds collected by the University may not be used to purchase alcoholic beverages.
Students at least 21 years of age and their guests of at least 21 years of age may consume Alcoholic Beverages within their own private campus residence hall rooms, but not elsewhere, unless otherwise allowed by this policy. Such students are permitted to transport only unopened containers of Alcoholic Beverages to their private campus residence rooms, but those beverages are otherwise prohibited on the campus. All other service or consumption of alcohol on campus by students at least 21 years of age and guests of at least 21 years of age is prohibited, except as set forth below.

VI. Alcohol at University Events

There are three types of University events at which alcohol may be served:

A) “BYOB Event,” B) “Service Event”, and C) “Tailgating.” Alcohol may not be served at any event unless the sponsoring group has received approval from the appropriate office (based on the type of event).

A. BYOB Events – The Grotto (Highsmith Union)

1. BYOB Event Registration

Only University organizations may register for and sponsor an event where participants are allowed to bring their own Alcoholic Beverages [ BYOB]; for the purpose of this policy, the term ‘University organizations’ includes registered student groups and university departments or offices. All organizations as deemed by this definition must petition in writing (complete a form) for approval to hold a BYOB event on campus 4 weeks in advance; forms are available through Student Activities and Involvement & Leadership (SAIL). Once the needed paperwork has been completed (including an approved time-line, list of requirements, and an understanding of policy compliance), the document must be signed by the Associate Director of SAIL for Programming and the Dean of Students to ensure all necessary requirements for the event have been met. For university departments or offices, the BYOB Event Request Form must be signed by their designated Dean/Director and the Dean of Students.

2. Policy Compliance

The organization sponsoring a BYOB event is responsible for policy compliance and is expected to have certain members designated to monitor compliance at the event (the number of designated members will be determined in advance by the Associate Director of SAIL for Programming, based on the anticipated size of the event). Failure to comply with all elements of this policy and BYOB Procedure may result in the loss of the privilege to sponsor a BYOB event as well as possible action through the Citizenship Education Process (for students) as well as law enforcement (for both the organization and/or individual students).

Specifically, the sponsoring organization is responsible for:

Appropriately registering the event according to this policy.
Ensuring compliance with all elements of this policy, BYOB Procedure, other related policies and procedures.
Working with the SAIL staff to ensure that only individuals of appropriate age possess or consume alcohol and that visibly intoxicated individuals do not possess or consume alcohol. Those who do not comply will be required to leave the premises. University police will be contacted when necessary.
Working with the SAIL staff to ensure attendance for the event does not exceed the fire code of 143 participants for the Grotto (the facility seats 84 with existing furniture).
Ensuring that no drinking games or other activities which promote or encourage the rapid consumption of alcohol occur.
Preventing any damage that could occur to the facility during a BYOB event.
Controlling the size of the event to comply with all safety and occupancy standards.
Complying with any directives from the designated BYOB event staff, Highsmith Union staff, campus police or other University official.

3. Amounts and Types of Alcoholic Beverages

The amount of Alcoholic Beverage a person (of legal drinking age) may bring to a BYOB event is four (4), twelve (12 oz) cans or bottles of beer or malt beverage or four (4) 187 ml bottles of wine (4 pack mini-bottles). Hard liquor, fortified wines, standard bottled wines (not in a 4 pack mini-bottles) or spirits will not be permitted.

4. Non-Alcoholic Beverages and Food

Soft drinks and/or non-alcoholic beverages must also be made available to attendees and featured in the same location and during the same time as Alcoholic Beverages at BYOB events (this will be arranged by SAIL once the event has received approval). Food must also be made available and must be more substantial than simply chips, etc. During the approval process, options for food can be discussed. The cost of food is covered by the sponsoring organization.

5. Event Promotion

Promotional materials must mention that the event is BYOB and must mention the maximum amounts and types of alcoholic beverages allowed. The focus of the program and promotion cannot be the BYOB component.

6. BYOB Procedure

All SAIL staff assigned to work a BYOB event will have completed training in alcohol awareness, responsible decision-making and event management (student staff may be under the age of 21, but at least 18).
All individuals attending a BYOB event, who bring or plan to consume alcohol must provide a government issued ID (students must also bring UNC Asheville ID) and obtain a numbered wristband from a BYOB SAIL Staff Member at the event. All UNC Asheville students must be 17 years or older for admittance. When guests are permitted at a BYOB event, UNC Asheville students may bring 2 (two) guests however, number of guests may be limited at the discretion of the Director of SAIL, Dean of Students or their designee. Non-student guests of UNC Asheville students MUST be 18+ and have proper ID. Due to safety concerns, young children are not allowed on premise for BYOB events.
All Alcoholic Beverages carried into the building/event must be in an opaque bag. No one may carry visible alcohol containers in to the event or building.
In addition to the numbered wristband, all individuals who bring alcohol to a BYOB even will also receive a BYOB Event Punch Card that includes the following information:

Event title & date
Attendee’s name
Attendee’s wrist band number
Type & Quantity of beverage they brought with them
Tracking Area – SAIL staff member will use a hole punch to mark the card each time they serve a participant a beverage.

All beverages at the BYOB event must be dispensed by the trained concessions server(s) and are University staff, including student staff (unless otherwise approved).
All Alcoholic Beverages must be checked in at the concessions area and logged by the Concessions Server(s). Event attendees must check out their beverages from the server. Only one beverage may be checked out at a time. At the conclusion of the event, event attendees age 21 or older who have checked in Alcoholic Beverages may take their remaining unopened beverages with them. All unopened beverages leaving the event must be carried in an opaque bag. No one may carry visible alcohol containers out of the event or building.
If it is determined that an event participant has provided alcohol to an underage person, both individuals will asked to leave by SAIL Staff. University Police will be contacted and a citation and/or campus Citizenship Education referral may result. University police will dispose of the individual’s remaining alcohol.
Event participants engaging in inappropriate or disruptive behavior and/or who appear intoxicated will be required to leave. University Police will be contacted and a citation and/or campus Citizenship Education referral may result. University police will dispose of the individual’s remaining alcohol. If there is reason to suspect that a person is highly intoxicated, University Police and EMS will be notified by SAIL Staff.
Upon the close of the event, the sponsoring organization will assist with the appropriate recycling of containers from the event, as well as any related cleanup as requested by the SAIL Staff.
Any Alcoholic Beverages left at the conclusion of the approved BYOB event will be disposed of by the SAIL staff.

7. BYOB Locations

BYOB location for student events is The Grotto in Highsmith Union. Faculty/staff events can also include The Pinnacle in Highsmith Union and Laurel Forum in Karpen Hall.

B. Service Events

Service events are those at which Alcoholic Beverages are provided to invitees by the event sponsor. Student organizations are not eligible to host service events on campus. (Student organizations who wish to host an on-campus event which will have alcohol present must utilize the BYOB program/location.)

Each of the following requirements must be observed at a service event:

No Alcoholic Beverage other than Beer or Unfortified Wine will be served or permitted at the event except by special permission and approval from the General Counsel.
State law regarding purchase and transportation of Alcoholic Beverages to be served will be observed. Event sponsor is responsible for insuring state law is observed. See statutes here: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/C…, and http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/C….
No person under the age of 21 years will be served or allowed to possess or consume Alcoholic Beverages at the event. Any person requesting an Alcoholic Beverage may be required to show legal proof of age.
Persons who are noticeably intoxicated will not be admitted to the event. If a person becomes noticeably intoxicated at the event, he/she will not be served any Alcoholic Beverage and may be asked to leave the event or facility.
No sale of any Alcoholic Beverage will be permitted except for an event sponsored by an alumni organization that is conducting the sale for fund raising purposes, and except for an event sponsored by the University in an area designated as a “performing arts center.” Any such sale must be approved by the General Counsel.
Attendance at the event is limited to those specifically invited and their guests accompanying them unless an alternative format has been approved in advance.
The maximum amounts of Beer or Unfortified Wine permitted at the event are: one 12-oz. can of beer per person per hour; and one 5-oz.serving of wine per person per hour. If the event is attended by fewer people than expected, the quantity available to be served must be reduced.
Attendance will not be permitted to exceed the safe capacity of the facility.
Non-alcoholic beverages will be available at the same place as Alcoholic Beverages and featured as prominently as the Alcoholic Beverages.
Food items will be provided, proportionate to attendance.
Persons attending will not be permitted to carry in Alcoholic Beverages.
Service event locations are identified as: The Grotto, The Pinnacle and Alumni Hall in Highsmith Union; Mission Health Systems Mountain View Room (417) and the Scholarship Deck in Sherrill Center; Rhoades House; Janice W. Brumit Pisgah House; Laurel Forum; Tucker Gallery, Owen Hall; Red Oak Room, Ramsey Library; Mannheimer Room, Reuter Center; Advancement Conference Room and adjoining patio at the WT Weaver Complex; and Curry Courtyard/Phillips Hall patio. Other locations may be approved on a case by case basis by the General Counsel.

C. Tailgating Events

1. Tailgating is the participation in a social event in a designated area where food and Alcoholic Beverages are brought by participants in conjunction with, and on the same day of, an athletic event on campus. Its purpose is to encourage responsible socializing and provide a safe environment for students, alumni and fans who attend UNC Asheville athletic events.
2. This policy refers specifically to tailgating at UNC Asheville athletic events, as authorized by the Vice Chancellor for Student Affairs. Tailgating qualifies as a BYOB event under this policy, with the exception of the need to submit the Alcohol Beverage permit.
3. Tailgating shall apply only to UNC Asheville athletic contests and may begin no more than three (3) hours before game time. All consumption of alcohol must end at game time. Tailgating involving alcohol will not be permitted during the games, halftime or after the games.
4. Individuals must be 21 years of age or older to consume Alcoholic Beverages. Consumption of alcoholic beverages by those 21 years of age or older is permitted only in designated tailgating areas.
5. Wristbands will be issued by Student Affairs staff members and/or marshals at a marked location. Proper identification must be shown in order to receive a wristband. Acceptable forms of identification include a driver’s license or passport. All individuals consuming alcohol must wear a wristband.
6. Beverages approved for tailgating include, and are limited to, beer and unfortified wine.
7. No sale of any Alcoholic Beverage will be permitted.
8. No kegs are permitted at tailgating activities. A keg is a container that holds or is capable of holding more than one gallon of beer or unfortified wine at a single time. Public display of alcohol is discouraged. Use of plastic containers is encouraged for the consumption of all beverages.
9. Tailgating policy signs are posted at the entrance and exit of all tailgating lots.
10. Portable restrooms will be provided for participants (when needed).
11. No outside food or drink is allowed inside UNC Asheville sports venues.
12. Staff members will provide information to individuals in the tailgating lot on the University’s alcohol policy and state laws governing alcohol consumption in those areas. Staff will be on call to assist campus police in resolving violations of the University alcohol policy and state laws.
13. All individuals participating in tailgating activities are responsible for proper disposal of their trash and other debris such as charcoal. Recycling containers will be provided.
14. At game time, staff members from Student Affairs, the Student Government Association, and campus police will remind all individuals in the tailgating areas of the restrictions on alcohol consumption after the game begins. At that time, staff will encourage all individuals to leave the lot and move into the gym at the start of the game.
15. Non-alcoholic beverages and food items must be available at all social functions where alcohol is served.
16. The sponsoring group will be responsible for setting a beginning and ending time for all activities where alcohol is served.
17. Service of alcohol must be discontinued for a reasonable period of time prior to the anticipated end of the event or function.

D. Programmers of social events may not advertise alcohol for on-campus events, other than to state whether it is BYOB.

E. Unless special circumstances allow, events held prior to 12:00 pm (noon), will not be allowed to serve Alcoholic Beverages. Special circumstances include, but are not limited to, athletic tailgate functions for which the game time begins prior to 2:00 p.m. Alcohol should not be served at events in open spaces or academic spaces when classes are in session or during exam period of the regular academic year. Exceptions may be granted by the General Counsel.

F. The use of a bartender or other professional server to dispense alcohol must be used for functions of fifty (50) persons or more, except at BYOB and tailgating functions.

Associated Forms:
Alcoholic Beverage Permit and Application