CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
POLICY REGARDING THE
SALE, CONSUMPTION AND POSSESSION
OF ALCOHOLIC BEVERAGES
RECOMMENDED BY ADMINISTRATIVE COUNCIL: December
15, 2003
APPROVED BY ALBERT K. KARNIG, PRESIDENT: December
16, 2003
REVISION #1
RECOMMENDED BY ADMINISTRATIVE COUNCIL: April 23, 2007
APPROVED BY ALBERT K. KARNIG, PRESIDENT:
May 18, 2007
FOR INTERPRETATION OF THIS POLICY, PLEASE CONTACT:
Inquiries regarding sales or serving of alcohol ---
Contact Foundation General Manager (909-537-5918)
Inquiries regarding alcohol use in residence halls --- Contact Vice
President for Student Affairs (909-537-5185)
Inquiries regarding approval of Alcohol Use Permits --- Contact University
Police Chief (909-537-5165)
Inquiries regarding laws applicable to alcohol use --- Contact University
Police Chief (909-537-5165)
Inquiries regarding alcohol-related advertising --- Contact Assistant Vice
President for Public Affairs (909-537-5007)
BACKGROUND:
In July 2001, the CSU Board of Trustees approved a resolution to
adopt and institute the recommendations made by the CSU Alcohol Policies and
Prevention Programs Committee. The Committee made ten specific
recommendations such as requiring each campus to develop comprehensive alcohol
policies, promoting awareness of the policy on campus, requiring each campus to
develop an alcohol advisory council, requiring each campus to gather data about
alcohol use and programs, and requiring campuses to establish alcohol awareness
training and treatment programs. This policy is part of the campus
response to the CSU Board of Trustees Resolution #REP 07-01-03.
The University administration recognizes the consumption of
alcoholic beverages as part of the American culture. It is also
recognized that the majority of the students within the CSU, as well as faculty
and staff, are of legal drinking age and use alcohol responsibly. For that
reason, it is consistent with campus policy to allow for the sale and
advertising of alcoholic beverages on the campus as long as it is done legally
and within guidelines that promote responsible use.
It is also recognized
that alcohol abuse is a threat to the health and academic success of CSU
students. Consistent with the University Strategic Plan, the
administration desires to provide a safe and secure environment for all CSUSB
faculty, staff and students. This policy is intended to help enforce laws
relating to the sale, possession, and consumption of alcohol, as well as to
establish the campus policy and practices involving the use and sale of
alcoholic beverages on the CSUSB campus.
SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON CAMPUS:
Sales or consumption of alcoholic beverages is limited to beer
and wine. No distilled alcohol is authorized to be sold or consumed on
campus. Only the Foundation for CSUSB Dining
Services Department is
authorized to conduct the sale and/or service of alcoholic beverages. The Foundation
shall maintain the proper licenses which
give the authority to sell beer or wine
and shall adhere to all laws applicable to the sale and consumption of alcoholic
beverages.
On a routine basis, beer and wine may be sold only in the Commons or
Student Union
"Pub." The Foundation shall develop and
adhere to a policy in which all Foundation employees who sell and serve alcohol
receive proper and adequate training including periodic refresher training.
The General Manager of the Foundation shall be responsible for the proper
licensing and training.
Sales of Alcoholic Beverages
-
Promotion of alcoholic beverages should not encourage
any form of alcohol abuse nor place emphasis on quantity and frequency of
use.
The sale of alcoholic beverages shall never be used as a source
of fundraising.
RESTRICTION OF THE POSSESSION. ADVERTISING OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN
CAMPUS RESIDENCE HALLS:
No alcoholic beverages or alcoholic beverage advertising
are allowed in campus residence halls.
SPECIAL EVENTS:
The consumption of beer or wine shall not be the main focus of
any event. With approval and prescribed control, only beer or wine may be
served at special events along with substantial food such as a meal or heavy
hors d'oeuvres. Non-alcoholic beverages must also be offered and be
displayed as prominently as the alcoholic beverages.
Alcohol may not be sold, served or consumed at events
sponsored by student organizations. If alcohol is served at events where
students are present, the normal controls regarding service will apply.
The following conditions shall apply to the sale or consumption
of beer or wine at special events:
-
An Alcohol Use Permit must be obtained through the Event
Scheduling Office and approved by the Vice President for Administration and
Finance or his/her designee.
-
A fulltime CSUSB management employee/administrator,
or his/her designee, or faculty member
must make application of the permit.
-
A fulltime management employee/administrator, or
his/her designee, or faculty member must assume
responsibility for the conduct of the event and be present during the entire
period in which the alcohol is consumed.
-
Beer and/or wine may be purchased and served by
faculty or staff at small events which are not attended by the public or
students. A permit will be required, and the individual signing the
permit application shall be held accountable for the conduct of the event.
-
Except as noted above, alcohol may only be served by the Foundation. If a
special license is required, it shall be obtained by the Foundation.
-
A specific location must be designated as the area in which
the alcohol will be consumed. Alcohol will not be allowed to leave
this area.
-
A certificate of insurance may be required for events in
which alcohol is present. If required, the University will be named as
insured on the certificate. The event sponsor is responsible for the
certificate of insurance, including cost, prior to the event.
SPECIAL EVENT AT PALM DESERT CAMPUS
The Dean of the Palm Desert Campus will approve the Permit to
Serve Alcoholic Beverages for special events to be held at the Palm Desert
Campus, and will forward the permit to the University Police Chief for approval.
The Dean or a member of his/her management staff will attend the entire event at
which alcoholic beverages are served.
PROMOTION, ADVERTISING
The event or social occasion should be the focus for promotion
and advertising. Promotion and advertising for any event, on or off
campus, may not include alcoholic beverage logos, names, or other depictions for
the purpose of alcohol sales,
nor promote or advertise the serving or sale of alcohol.
Alcohol Advertising
In addition, the advertising of alcoholic beverages on the
campus, including athletic events in university owned or operated facilities is
permissible, but alcohol advertising should not encourage any form of alcohol
abuse nor place emphasis on quantity and frequency of use. For the
purposes of this policy, alcoholic beverages refer to beer and wine. Any
such advertising must comply with the following policy guidelines that are
consistent with the "Guidelines for Beverage Alcohol Marketing" distributed by
the National Inter-Association Task Force on Alcohol Issues, a higher education
coalition dedicated to the responsible use and advertising of alcoholic
beverages:
-
Any promotional displays or messages shall incorporate
clear language and encourage only responsible and legal use of alcoholic
beverages. Such messages shall be at least as prominent as any other
message content such as product slogans or listed attributes of a particular
product.
-
Advertising from local retailers or distributors that
promote "drink specials" (e.g., 2 for 1 drinks, half-price happy hour
drinks, etc.) should not be accepted or posted.
-
Beverage alcohol advertising on campus or in
institutional media should not portray drinking as a solution to personal or
academic problems, or as necessary to personal, social, sexual, or academic
success.
-
Beverage alcohol marketers/distributors must support
campus alcohol awareness programs that encourage and inform students about
the responsible use or non-use of beer, wine, or distilled spirits.
-
Alcohol beverage promotions permitted by the
university may not incorporate students or employees (including coaches,
faculty, etc.) as active participants in a promotional message.
-
In all promotions, alcohol beverage trademarks or
logos must be clearly subordinate to the sponsored event itself.
-
Promotional activities should not be associated with
existing campus events or programs without the prior knowledge or consent of
the president.
-
The name of an alcoholic beverage product may not be
connected to the name of a university event or a facility (e.g., XYZ wine
golf tournament, etc.).
-
The university's name or department or any related
nickname may not be utilized in a way that implies a product endorsement by
the university (e.g., XYZ Beer -- beverage of choice for CSUSB fans).
-
Alcoholic beverages should not be provided as free
awards to individual students, campus organizations or other members of the
academic community.
-
University departments and organizations may not
distribute clothing, posters, or other promotional items that utilize the
university symbol in combination with an alcoholic beverage trademark or
logo.
-
Any alcohol promotional material connected with any
university athletic event (e.g., media guide game programs) must receive
prior written approval by the athletic director and the president.
-
Promotional materials associated with any other
university program (other than athletics) must be approved by the vice
president for student affairs.
-
This policy does not restrict the amount or content of
alcohol advertising, purchased independently through commercial radio or TV
companies, during broadcasts of athletic events. However, broadcasters
under contract with a CSU institution should strongly be urged to follow the
above provisions when accepting commercials that promote alcoholic
beverages.
-
Student newspaper publications should also be
encouraged to follow the above provisions for any advertising messages for
alcoholic beverage companies/distributors.
LAWS APPLICABLE TO ALCOHOL:
All members and guests of the University community are expected
to know and abide by all laws pertaining to the sale, possession,
transportation, and consumption of alcohol. Listed below is a summary of
state laws regulating alcohol. Any persons violating these laws are
subject to administrative discipline and/or criminal prosecution.
Every person who sells, furnishes, gives or causes to be sold,
furnished, or given away, any alcoholic beverage to any person under the age of
21 is guilty of a misdemeanor. (Business and Professions Code, Section
25658a)
Any person under the age of 21 years who has any alcoholic
beverage in his or her possession on any street or highway or in any public
place or in any place open to the public is guilty of a misdemeanor.
(Business and Professions Code, Section 25662(a))
Any person under the age of 21 years who purchases any
alcoholic beverage, or any person under the age of 21 years who consumes any
alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.
(Business and Professions Code, Section 25658(b))
No person under the age of 21 years shall knowingly drive any
motor vehicle carrying any alcoholic beverage, unless the person is
accompanied by a parent or legal guardian. (California Vehicle Code,
Section 23224(a))
Impaired Driving
It is unlawful for any person who is under the influence of an
alcoholic beverage or any drug, or under the combined influence of an
alcoholic beverage and any drug, to drive a vehicle. (California Vehicle
Code, Section 23152(a))
No person shall drink any alcoholic beverage while driving a
motor vehicle upon any highway. (California Vehicle Code, Section
23220(a))
No person shall have in his or her possession, on his or her
person, while driving a motor vehicle upon any highway, any bottle, can, or
other receptacle, containing any alcoholic beverage which has been opened, or
a seal broken, or the contents of which have been partially removed.
(California Vehicle Code, Section 23223(a))
Public Intoxication
Any person found in a public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance, or
toluene, in such a condition that he or she is unable to exercise care for his
or her own safety or the safety of others, or by reason of his or her being
under the influence of intoxicating liquor, any drug, controlled substance,
toluene, or any combination of any intoxicating liquor, drug, or toluene,
interferes with or obstructs or prevents the free use of any street, sidewalk,
or other public way. (Penal Code, Section 647(f))
False Identification
Any person under the age of 21 years who presents or offers. .
.any written, printed or photostatic evidence of age and identity which is
false, fraudulent, or not actually his own for the purpose of ordering,
purchasing, attempting to purchase. . .any alcoholic beverage, or who has in
his possession any false or fraudulent written, printed, or photostatic
evidence of age and identity, is guilty of a misdemeanor. (Business and
Professions Code, Section 25661)
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POLICIES AND PROCESSES TABLE OF CONTENTS
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