Appendix D

Use of University Properties:
Consumption of Alcoholic & Malt Beverages

UCI Policy and Procedures Manual
Physical Environment and Properties
Section 900-13

Use of University Properties: Consumption of Alcoholic & Malt Beverages
Revised January 1, 1993

References

Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D)
Drug-Free Schools and Communities Act of 1989 (Public Law 101-226)
California Drug-Free Workplace Act of 1990
California Alcoholic Beverage Control Act
California Penal Code
California Vehicle Code
California Business and Professional Code

This policy governs the consumption of alcoholic and malt beverages on University premises under the administration of the Irvine campus. In every instance where consumption is permitted, the individuals and organizations involved are responsible for compliance with applicable local, state and federal laws, this policy, and other applicable University regulations.

The Alcohol Policy of the University of California, Irvine is intended to serve the entire University community while taking into account the variety of roles occupied by members of the community. The policy is intended to provide clear, consistent and constructive guidelines for the application of standards and expectations for the consumption and serving of alcoholic beverages on campus.

A. STATEMENT OF PHILOSOPHY

1. The fundamental purpose of this University community is a dedication to excellence in teaching, research, and public service.

2. Alcohol abuse and the resulting consequences have a significant negative impact on campus life and mar individual clarity of thinking, verbal and perceptual acuity, and mental alertness.

3. Members and guests of the campus community are expected to take individual responsibility for their drinking behavior and for the consequences of alcohol consumption.

4. The University is obligated to outline behavioral expectations of students, staff, faculty, and off-campus guests who (by permit or otherwise) use alcohol on University properties, or in conjunction with events sponsored by University departments, schools, or programs.

5. The University affirms its support for programs now on campus leading to wider understanding of the use and abuse of alcohol. UCI encourages further educational efforts designed for members of the University community who seek to make informed choices where alcohol is involved.

The fundamental goal of this alcohol policy is to encourage the development of an environment that is conducive to the intellectual and personal development of all University community members, while increasing awareness about alcohol issues. At all times, the University expects strict adherence to federal and state laws regarding alcohol consumption.

Inherent in this policy is the University's goal to develop a community where:

1. Individuals are encouraged to make informed, responsible, and low-risk health decisions about alcoholic beverages in accordance with State laws and campus policy.

2. Alternative, non-alcoholic beverages are accorded at least equal status to alcoholic beverages on campus.

3. Any moral implications of drinking are left to the discretion of the individual.

4. Choosing not to drink is as socially acceptable as choosing to drink.

5. Excessive drinking or drunkenness is not condoned.

6. Intoxication is no excuse for misconduct or infringing upon the rights of others.

7. Alcohol use is not the focus of social activities.

B. STATE OF CALIFORNIA LAW

Important parts of the State laws are summarized below:

1. No person may 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. (Reference: California Alcoholic Beverage Control Act, Section 25658)

2. It is unlawful for a person under the age of 21 to possess alcoholic beverages on any street or highway or in any public place or in any place open to public view. (Reference: California Alcoholic Beverage Control Act, Section 25662)

3. It is a misdemeanor to sell alcoholic beverages any place in the state of California without a proper license issued by the California State Department of Alcoholic Beverage Control. (Reference: California Alcoholic Beverage Control Act, Section 23300 and 23301)

4. It is a misdemeanor to sell, furnish, or give away an alcoholic beverage to any obviously intoxicated person. (Reference: California Alcoholic Beverage Control Act, Section 25602)

5. It is unlawful to issue a license to fraternities, sororities, or other student organizations to sell distilled spirits on campus. (Reference: California Alcoholic Beverage Control Act, Section 172e)

6. Any person found in a public place to be under the influence of an intoxicating liquor, drug, or controlled substance and unable to care for his/her own safety or who interferes with the use of a public way is guilty of disorderly conduct, which is a misdemeanor. (Reference: California Alcoholic Beverage Control Act, Section 647, 172e)

C. UNIVERSITY OF CALIFORNIA POLICY

1. General Provisions

a. The University of California recognizes dependency on alcohol and other drugs as a treatable condition and offers programs and services for University employees and students with substance dependency problems. Employees (including student employees) and students are encouraged to seek assistance, as appropriate, from Employee Support Programs, health centers, and counseling or psychological services available at University locations through referral. Information obtained regarding an employee or student during participation in such programs or services will be treated as confidential, in accordance with Federal and State laws.

b. The University strives to maintain campus communities and work sites free from illegal use, possession, or distribution of controlled substances as defined in schedules I through V of the Controlled Substances Act, 21 United States Code Section 812, and by regulation at 21 Code of Federal Regulations Section 1308. Unlawful manufacture, distribution, dispensing, possession, use, or sale of alcohol or of controlled substances by University employees and students in the workplace, on University premises, at official University functions, or on University business is prohibited. In addition, employees and students shall not use illegal substances or abuse legal substances in a manner that impairs work performance, scholarly activities, or student life.

c. Employees found to be in violation of this Policy, including student employees if the circumstances warrant, may be subject to corrective action, up to and including dismissal, under applicable University policies and labor contracts, or may be required, at the discretion of the University, to participate satisfactorily in an Employee Support Program.

d. Students found to be in violation of this Policy may be subject to corrective action, up to and including dismissal, as set forth in the University of California Policies Applying to Campus Activities, Organizations, and Students (Part A) and in campus regulations, or may be required, at the discretion of the University, to participate satisfactorily in a treatment program.

2. Special Requirements for Employees Engaged on Federal or State Contracts and Grants

a. The Federal Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V., Subtitle D) and the State Drug-Free Workplace Act of 1990 require that University employees directly engaged in the performance of work on a Federal or State contract or grant shall abide by this Policy as a condition of employment.

b. Employees working on Federal contracts and grants shall notify the University within five calendar days if they are convicted of any criminal drug statute violation occurring in the workplace or while on University business. This requirement also applies to all indirect charge employees who perform support or overhead functions related to the Federal contract or grant and for which the Federal government pays its share of expenses, unless the employee's impact or involvement is insignificant to the performance of the contract or grant. The University is required to notify the Federal contracting or granting agency within ten calendar days of receiving notice of such conviction and to take appropriate corrective action or to require the employee to participate satisfactorily in available counseling, treatment, and approved substance abuse assistance or rehabilitation programs within thirty calendar days of having received notice of such conviction.

D. CAMPUS POLICY

1. The possession and consumption of alcoholic beverages is permitted under the following circumstances:

a. In facilities licensed to sell or serve alcohol.

b. At campus functions for which a permit has been issued.

c. In accordance with Residence Complex policies, alcohol may be consumed without a permit by individuals 21 or older in individual residence hall rooms and residential apartments on University premises.

2. No person under 21 years of age and no obviously intoxicated person shall be furnished, served, or given an alcoholic beverage.

3. Serving and Selling Alcohol on Campus

a. General Conditions

(1) Alcoholic beverages may be served and consumed on University premises at approved events only if the sponsor has obtained a Permit to Serve Alcoholic Beverages on Campus. (Groups are encouraged to use facilities licensed to serve alcohol.)

(2) Consumption of alcoholic beverages with a permit shall occur only in the approved enclosed or inside area specified on the Permit. Any exterior service areas must be clearly defined in the application for the permit.

(3) Monitoring and serving of alcohol shall be under the direct supervision of approved licensed and insured purveyors. A list of licensed purveyors is available from the Associate Vice Chancellor Student Services.

(4) All campus organizations which sponsor events where alcohol is served whether on or off-campus, are encouraged to implement an alcohol awareness program that encourages responsible decisions about the use and non-use of alcohol.

b. Selling Alcohol

(1) The sale of alcoholic beverages is prohibited except pursuant to a valid license or permit issued by the California Department of Alcoholic Beverage Control. According to State Law permits to sell will not be issued to undergraduate organizations by the department of Alcoholic Beverage Control.

(2) Exchanging any consideration for alcoholic beverage service constitutes a sale. "Consideration" includes money, tickets, tokens, or chits that have been issued in exchange for money or anything else of value. The imposition of a uniform per person admission charge for the event, however, does not constitute a sale, provided the admission ticket or other evidence of payment is not exchangeable for alcoholic beverages.

(3) All food service providers operating on the campus, and serving alcohol, shall be informed of the campus alcohol policy and available alcohol education and awareness programs, and expected to support implementation of applicable parts of this policy in their establishments.

(4) All food service providers licensed to sell alcohol in a University facility shall be required to have a system of server training.

(5) The price of alcohol sold on campus shall not be at a level to encourage excessive consumption.

c. Conditions for Permit Approval

Sponsors of any event or gathering held on University premises where alcoholic beverages are consumed are responsible for obtaining a permit to serve alcoholic beverages. The following permit conditions shall prevail:

(1) For those events open to the public, a Permit to Serve Alcoholic Beverages on Campus shall be submitted to the appropriate permit approval authority at least 30 working days before the actual event. The approving authority may choose to send the request to the Committee of Permit Approval Authorities for review. For events not open to the public, a permit request shall be submitted to the appropriate permit approval authority at least 10 working days before the event and approved within 6 working days before the actual event.

(2) Unless approved as an "open to the public" event, attendance shall be limited to members of the sponsoring group and their invited guests.

(3) Permits shall be approved before issuance of a confirmed Use of Facilities request. Permits will not be issued to groups for events where either the majority of the membership, or the membership and guests, is under 21 years of age.

(4) The event shall not be advertised to the public or University community as an event where alcoholic beverages are to be served. (See Section b, below for specific advertising guidelines.)

(5) Suitable non-alcoholic beverages and food shall be made available at all functions when alcoholic beverages are served. Non-alcoholic beverages should be of comparable quality and shall be featured as prominently as the alcoholic beverages.

(6) Servers and event assistants are prohibited from consuming any alcoholic beverages at the event. At events where some attendees are under 21 years of age, direct access to alcohol should be limited to individuals designated as servers for the event.

(7) No person under 21 years of age and no obviously intoxicated person shall be furnished, served or given an alcoholic beverage.

(8) The permit approving authority may require a wristband identification system when people under 21 years of age will be present.

(9) The chair of the event (e.g., sponsor's representative), other officers or representatives of the sponsoring organizations or group, and the party holding the license and/or serving alcoholic beverages are responsible for compliance with applicable laws, University policies, and regulations. The sponsor's representative must be 21 years of age or older.

(10) Event sponsors may be required to discontinue the consumption of alcohol up to 1 hour before the scheduled ending of the event.

(11) Sponsoring organizations shall take adequate measures to ensure compliance with all the conditions set forth on the Permit to Serve Alcoholic Beverages on Campus. This includes providing institutionally approved security personnel as specified by the permit approving authority and UCI Campus Police.

(12) No social event shall include any form of "drinking contest" in its activities or promotion.

d. Permit Approval Authority

Permit approval is contingent upon adherence to established policies and regulations and shall be obtained as follows:

(1) A completed permit must be approved by the appropriate facilities scheduling office, including Alumni House, Bren Events Center, Conference Services, Department of Physical Education/Campus Recreation, School of the Arts, College of Medicine, UCI Scheduling Center, University Club, and Verano Housing, indicating that the facility agrees to permit the serving of alcohol in its facility as specified on the permit.

(2) After a permit has been approved by the appropriate facilities scheduling office, approval to serve alcoholic beverages must be obtained from the following administrators, as appropriate. (This authority has been delegated from the Chancellor and may not be redelegated.)

(a) Director, UCI Scheduling Center for serving alcoholic beverages at administrative, academic, staff or non-University events.

(b) Associate Vice Chancellor for Student Services for serving alcoholic beverages at ASUCI, AGS and Medical Student Association sponsored events.

(c) Associate Dean of Students for serving alcoholic beverages at all events sponsored by any registered campus organization.

(d) Director of Conference Services for serving alcoholic beverages at events coordinated by the Conference Office.

(e) Executive Director and Associate Directors of UCI Medical Center for serving alcoholic beverages at student, faculty, and staff sponsored events at the UCI Medical Center.

(f) Vice Chancellor-University Advancement for serving alcoholic beverages at campus and health science Foundation events and other University Advancement events.

(g) Dean of Extension for serving alcoholic beverages at student, faculty, and staff events sponsored by University Extension.

(h) Director of Resident Relations and Community Services for serving alcoholic beverages at events sponsored by Verano residents and held in Verano recreation facilities.

(i) Directors of Mesa Court, Middle Earth, Palo Verde, Campus Village, Arroyo Vista, and Irvine Meadows West for serving alcoholic beverages at events sponsored by housing student organizations and held in residential complexes.

e. Permit Issuance

(1) Applications for a Permit to Serve Alcoholic Beverages on Campus may be obtained from any of the following facilities scheduling offices on campus: Alumni House, Bren Events Center, UCI Scheduling Center, Verano Housing, Conference Services, and University Club.

(2) The permit approving authority will notify the appropriate scheduling office, Campus Police, UCI Dining Services, and the sponsor of all events issued a permit, by distributing copies of the approved permit.

4. Guidelines Regulating the Support of Events by Beverage Alcohol Manufacturers and Distributors

For purposes of this section, the following definitions will be used:

Sponsor/Support/Contribution/Donation - any contribution given to a sponsoring group or University department including, but not limited to, money, printing, products, or staff support.

Advertising - any printed media, (e.g., brochures, flyers, banners, newspapers) which promotes a product, service, or event.

Beverage alcohol manufacturer or distributor - any company or individual whose principal business is the manufacture, distribution, or retail sale of alcoholic beverages.

Event sponsor - the registered campus organization, University department, University Club, recognized University support group, or off-campus "renter" organizing an event in University facilities or for official University events. Off-campus renters of campus facilities are encouraged to comply with these guidelines at their events.

a. Event Sponsorship

Support of campus events by alcohol beverage manufacturers and distributors is permitted only within these guidelines:

(1) Sponsorship agreements shall be discussed and approved in advance by the appropriate permit approving authority. No sponsorship activities will be permitted before this approval. All corporate contributors shall conform to and comply with University policies and procedures.

(2) When a donation has been made in support of a program, the name of an alcohol beverage manufacturer or distributor shall not be connected to the name of the event itself, but may be listed as a contributor to the event. Exceptions to the policy may be made by the Chancellor or the Chancellor's designee.

(3) Sponsors shall not provide beverage alcohol as free incentive awards to individual students, campus organizations or departments. Where controlled sampling is allowed by law and the campus alcohol policy, it should be limited as to time and quantity. Principles of good hosting should be observed including availability of alternative beverages, food, and planned programs. The consumption of beer, wine, or distilled spirits should not be the sole purpose of any activity. There shall be no drinking contests of any kind.

(4) University departments, registered campus organizations or officially recognized University support groups who accept support from beverage alcohol manufacturers or distributors shall not distribute promotional clothing, specialty items, or other consumer items which utilize the University name, seal, or logo in combination with an alcohol beverage trademark, logo, or company name, or which imply University endorsement of their product or company in any way, regardless of whether such promotional items are free or for sale.

b. Event Advertising

(1) Advertisements for events which contain the name of a beverage alcohol manufacturer or distributor as a sponsor should be approved prior to production by the appropriate University permit approving authority, and are permitted only within these guidelines.

(2) The only form of advertising permitted is that connected with an event or sponsored program. "Marketing" of alcohol independent of sponsorship, is not permitted on campus or at university sponsored functions. The name of an alcoholic beverage manufacturer or distributor may not be connected to the name of the event or program itself, but may be listed as a sponsor of an event. For example an ad might say, "UCI Noon Concert Series, sponsored by XYZ Beer" instead of "XYZ Beer's UCI Noon Concert Series."

(3) If the name of an alcoholic beverage manufacturer or distributor is printed as a sponsor, the alcohol beverage trademark, logo, or company name must be subordinate to the message concerning the event itself. Subordinate is defined as not more than 25% of the total space in the advertisement, poster, or imprinted item.

(a) Publications protected by the First Amendment are specifically exempted from the advertising policy.

(b) Publications and printed material produced by campus units and campus-recognized groups are subject to the provisions of this policy.

(4) No event where alcohol will be served may be advertised or offered to the public or University community as an event where alcoholic beverages will be served. The use of symbols or pictures implying the presence of alcohol at an event is prohibited. All event advertising targeted for the campus, and/or held on campus should conform to University policies and procedures and should avoid demeaning sexual or discriminatory portrayal of individuals or the University logo, mascot, or seal.

(5) Event marketing and event advertising sponsored by beverage alcohol manufacturers or distributors should not encourage any form of alcohol abuse nor should it place emphasis an quantity or frequency of use. Advertising should not portray drinking as a solution to personal or academic problems or as necessary to social, sexual, athletic, or academic success. In addition, advertisements may not associate alcohol with the performance of tasks that require skilled reactions, such as driving an automobile, or suggest that drinking is the sole purpose or dominant theme of an event.

(6) No product pictures are permitted.

(7) Any advertising sponsored by beverage alcohol manufacturer or distributor should carry a positive educational message and not imply that alcohol is the main focus of the ad.

c. Off Campus Events

All University sponsored events held off campus shall comply with this policy.

d. Enforcement

Violations of this policy by faculty, staff, students, alumni, invitees, or guests shall be referred to the University administration and/or appropriate legal authority as required.

e. Liability

Sponsoring organizations and individuals should be cognizant of vicarious liability and the consequences to the organization should a vicarious liability suit be filed against the organization/individual when a person, regardless of age, attending an event and consuming alcoholic beverages is involved in an accident resulting in personal injury and/or death.

Organizations should also be aware of their exposure to legal risk when event sponsors permit the violation of laws concerning alcohol at their event. These laws include serving alcohol to minors or intoxicated individuals.

f. Implementation

(1) Individuals authorized by the Chancellor to approve permits to serve alcohol beverages (referred to as the Committee of Permit Approving Authorities) shall meet on a regular basis to assure that guidelines are consistently enforced and to review the implementation of this policy.

(2) Information regarding this policy shall be distributed to University departments, registered campus organizations, student government organizations, and officially recognized University support groups through printed materials, staff training, workshops, and the student handbook.

(3) The Committee of Permit Approving Authorities may convene to review permits for events open to the public.