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

1. 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:

1. 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.
    

2. 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.
    

3. 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.
    

4. 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.
    

5. Alcohol beverage promotions permitted by the university may not incorporate students or employees (including coaches, faculty, etc.) as active participants in a promotional message.
    

6. In all promotions, alcohol beverage trademarks or logos must be clearly subordinate to the sponsored event itself.
    

7. Promotional activities should not be associated with existing campus events or programs without the prior knowledge or consent of the president.
    

8. 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.).
    

9. 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).
    

10. Alcoholic beverages should not be provided as free awards to individual students, campus organizations or other members of the academic community.
     

11. 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.
     

12. 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.
     

13. Promotional materials associated with any other university program (other than athletics) must be approved by the vice president for student affairs.
     

14. 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.
     

15. 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)

RETURN TO
POLICIES AND PROCESSES TABLE OF CONTENTS