Alcohol Regulation 102

Regulation 102 Approved: November 1, 2022
UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Alcohol Regulation
Regulation 102
Source of Authority: N.C.G.S. Chapter 18B;
North Carolina Alcoholic Beverage Control Commission;
N.C.G.S. § 116-34(a);
UNC Code § 502(A)
Revision Authority: Chancellor
History:

First Issued: February 17, 2011

Revised:  November 1, 2022

Related Policies and Regulations: Accounts Payable Regulation 301;
Employee Assistance Program Regulation 607;
Facilities Use Policy 402;
Foundation Funds Use Policy 202;
Code of Conduct & Discipline Regulation 802;
Use of the Chancellor’s Residence Policy 106
Responsible Offices: Department of Police & Public Safety
Department of Performance Facilities
Effective Date: November 1, 2022

I. Purpose

This regulation sets forth UNCSA’s rules and regulations related to the dispensing, possession, and consumption of alcoholic beverages on the UNCSA campus.

II. Scope

This regulation applies to the possession and consumption of alcohol by all UNCSA employees and students. Events at the Stevens Center, the Thomas S. Kenan Institute for the Arts, and the Chancellor’s Residence properties are exempt from this regulation. However, consumption by UNCSA employees and students at events at the Stevens Center, the Thomas S. Kenan Institute for the Arts, and the Chancellor’s Residence properties are NOT exempt from this regulation.

III. Definitions

A. “Event” or “On-Campus Event” means any on-campus activity held outside of regularly scheduled classes or the residence halls. This includes but is not limited to performances, recitals, rehearsals, receptions, meetings, workshops, student activities, alumni activities, seminars, luncheons, dinners, and other on-campus activities. This regulation includes events at the Center for Design Innovation. Events at the Stevens Center, the Thomas S. Kenan Institute for the Arts, and the Chancellor’s Residence properties are exempt from this regulation but must adhere to any policies or regulations specifically written for those properties.

B. “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.

C. “Outside Professional Caterer” means to any business or individual contracted to provide food service and/or alcohol service for an event and who is not the University food service contractor.

D. “Permit” means any written or printed authorization, issued by the North Carolina Alcoholic Beverage Control Commission, which is valid for a particular location or event.

E. “Permitted Alcoholic Beverages” means any beverage containing at least one-half of one percent (0.5%) but less than 16% alcohol by volume. Regardless of the percentage of alcohol by volume, the following are not permitted at any on-campus event: fortified wine, spirituous liquor, and mixed beverages as defined by NC law. With respect to provisions of this regulation that allow possession or consumption of alcoholic beverages, that term refers to beer or unfortified wine unless an ABC permit allowing service of spirituous liquor and mixed beverages has been issued.

F. “Public” and “General Public” mean 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 regulation.)

G. “Unaffiliated Groups” means are all other entities which are not University Departments, University Units, or University Affiliated Units.

H. “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.

I. “University Affiliated Units” means any other units, which are not University departments or University Units that exist for the sole purpose of advancing UNCSA and that have been formally recognized as such by UNCSA – for example, alumni groups.

J. “University Departments” and “University Units” mean the component parts of UNCSA.

K. “University Food Service Contractor” means an outside business or individual contractor awarded the contract to manage, prepare and serve all food and drinks on the University campus for the current fiscal year.

L. “University” means the University of North Carolina School of the Arts or UNCSA.

M. “Valid ID” means, and is limited to, a valid U.S. Driver’s License, N.C. Special Identification Card, U.S. Military Identification Card, or passport. The Special Identification Card must be issued by the State of North Carolina Department of Motor Vehicles. The state of North Carolina does not recognize identification cards from other states or countries.

IV. Regulation

A. General Regulations

1. All persons are subject to all local, State and federal laws and are subject to University policies and regulations while on the University premises.

2. Only malt beverages and unfortified wine may be possessed or consumed at any University on-campus event. Possession or consumption of alcoholic beverages containing more than 16% alcohol by volume is prohibited.

3. Source of Funds

a. State appropriated funds, trust funds, grant or contract funds, student fees collected by the University, or other restricted funds under the jurisdiction of the Vice Chancellor for Finance and Administration may not be used to purchase alcoholic beverages. University departments, units or affiliated units may only purchase alcohol with Foundation funds.

b. University student groups and/or individual university students may not purchase alcoholic beverages for on-campus events.

4. 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. University departments and units, university affiliated units, and unaffiliated groups contracting with UNCSA must:

a. arrange supervision of an event where alcohol is served to assure access to all eligible participants regardless of age;

b. to ensure that no underage consumption of alcoholic beverages will be allowed to occur at the on-campus event; AND

c. submit a written plan outlining how the alcohol service will be supervised and how underage consumption of alcoholic beverages will be prevented to UNCSA Department of Police & Public Safety for approval.

5. Under no circumstance may any department, office, person, organization, or business entity operate a cash bar on the University’s campus.

6. Drinking games or other activities which encourage excessive consumption of alcohol are prohibited.

7. The following are required at any on-campus event where alcohol is served: alternative beverages in sufficient quantities for those participants who do not drink; a sufficient amount of food products (based upon number of participants); and adequate restroom facilities in close proximity

8. The Chancellor, Vice Chancellor for Finance and Administration, Executive Vice Chancellor and Provost, Vice Chancellor for Advancement, or the UNCSA Department of Police & Public Safety may:

a. stop any alcohol service at any on-campus event and/or

b. stop or cancel any on-campus event at any time and/or

c. order any or all participants of an on-campus event to vacate the University property.

9. Whenever alcohol is to be served or consumed at an on-campus event, the organizer of the event will give prior notice of the event to the Chief of Police who will, in consultation with the Chancellor or his/her designee, determine whether a UNCSA Department of Police & Public Safety officer will be assigned to the event. The UNCSA Chief of Police, or his/her designee will determine the number of officers and staffing hours required for an event based on the nature and/or size of the event. The sponsor or host is responsible for all costs associated with assigned police staffing.

10. Any alcohol not being served must be secured in a location approved by the UNCSA Chief of Police or that official’s designee. Any alcohol not in a secure location may not be left unattended.

11. The outside professional caterer must have an up-to-date business license, all applicable ABC permits, and full liability and workers compensation insurance.

12. The Chancellor's Cabinet may not waive any aspect of this regulation required by or appropriate under North Carolina law.

13. No one under the age of 21 may possess or consume alcoholic beverages.

14. No one may serve alcohol to:

a. any intoxicated person; OR

b. anyone under 21 in North Carolina.

15. Any person who consumes alcoholic beverages at an on-campus event must produce a valid ID that reflects the person’s age upon request.

16. Members of the University community who choose to drink at on-campus events will be held responsible for their behavior while under the influence of alcohol. Failure to abide by these laws and policies may result in

a. a state citation or other applicable legal sanction; and/or

b. appropriate remedial action by UNCSA; and/or

c. stopping or canceling the on-campus event at any time; and/or

d. an order to vacate the University property.

17. Sponsors may also be liable for any violations of law or UNCSA policy or regulation which occur during an event.

B. Service Regulations

1. University students may not dispense alcohol or be involved in any form of alcohol service.

2. All servers must be over 21 years of age with no convictions in the past two years of any Chapter 18B or Chapter 90 offenses (alcohol and controlled substances).

3. Alcohol will only be allowed to be served, consumed, or dispensed during the hours permitted by law and as stated in the approved special even form.

4. The University may require additional precautions such as the use of trained persons to dispense alcoholic beverages and greater limitations on time of service.

C. Employee Consumption & Possession Regulations

1. Consumption of alcohol sufficient to interfere with or prohibit the otherwise normal execution of job responsibilities is improper.

2. Employee may only consume alcohol during a campus event, or events at the Stevens Center, the Thomas S. Kenan Institute for the Arts, and the Chancellor’s Residence properties at which alcohol is served if the event occurs outside the employee’s regular work hours, and the employee will not be returning to work after consumption.

3. Employees may not consume alcohol on campus or during the employee’s regular work hours.

4. Employees may not possess alcohol on campus, except for:

a. unopened containers of alcohol stored in the employee’s locked personal vehicle.

b. employees whose job duties require or otherwise necessitate the possession of alcohol.

c. residential life employees over the age of 21 if not otherwise prohibited by the Department of Residential Life.

d. or as otherwise permitted by this regulation.

5. Employees violating this regulation are subject to appropriate disciplinary procedures, up to and including dismissal.

D. Student Consumption & Possession Regulations. In addition to the applicable provisions of this regulation and its associated procedures, Student Life and its subdivisions may promulgate additional policies or rules regarding the possession and consumption of alcohol by UNCSA students.

E. Insurance Requirements

1. All outside professional caterers and all unaffiliated groups sponsoring on-campus events with alcohol service shall provide the University a certificate of general commercial liability insurance.

2. This insurance policy shall list the University as an “additional insured” and this listing must be indicated on the certificate.

3. Coverage will not be less than the amount proscribed in the procedures enacted pursuant to this regulation.

4. All certificates of insurance must provide an alcohol rider for all on-campus events at which alcohol is being served.

5. Proof of insurance must be provided to Performance Facilities at the time the on-campus event is approved. Failure to provide proof of insurance will result in cancellation of the event. Any exceptions or modifications must be approved by the Chancellor's Cabinet, in consultation with the University’s legal counsel and the University’s risk manager (Director of Purchasing, Contract, and Auxiliary Services).

V. Revision History

A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual

B. November 1, 2022 - Revised to address the potential need for Police and Public Safety officers to staff UNCSA events. 


UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS

Alcohol Procedures

Procedure #102

I. General Procedures

A. A written plan outlining how the alcohol service will be supervised and how underage consumption of alcoholic beverages will be prevented must be supplied to the Managing Director of  Performance Facilities and to the UNCSA Chief of Police.

B. All on-campus events serving or dispensing alcohol must fill out an On-Campus Alcohol Service Approval form. This form must be submitted to Performance Facilities prior to the approval of the event.

C. The entity which will be supplying the individuals serving alcohol must certify to the Managing Director of Performance Facilities and the UNCSA Chief of Police, no later than two business days prior to the start of the on-campus event at which the alcohol will be served, that the servers meet all of the requirements of this regulation for serving or dispensing alcohol.

D. Copies of pertinent documents or receipts will be considered adequate as proof of meeting the outlined requirements.

E. Persons seeking clarification or further information about this regulation should contact the Managing Director of Campus Performance Facilities at 336-770-1480 or the UNCSA Chief of Police at 336-770-3321.

II. Procedures for On-Campus Events Serving Alcohol & Using the University Food Service Contractor

A. The University food service contractor has been approved for alcohol service at designated locations on the UNCSA campus. These designated locations are specifically approved and listed as a part of the ABC permit issued to the University food service contractor. Contact the University food service contractor for further information about these designated locations.

B. The University food service contractor has the appropriate ABC permits, insurance and trained servers for any on-campus events involving alcohol service at these designated locations.

C. No further action, except for meeting the requirements and procedures applicable to all on-campus events serving alcohol, is required by any University department, university affiliated unit or off-campus organization when the University food service contractor is contracted to provide alcohol service on the UNCSA campus.

III. Procedures for On-Campus Events Serving Alcohol & Using an Outside Professional Caterer

A. The Chancellor's Cabinet must give prior approval for outside professional caterers to service on-campus events.

B. When an outside professional caterer will be required to serve alcohol at an on-campus special event, the caterer must provide Campus Performance Facilities proof of the following:

1. An off-site catering license

2. Up-to-date ABC permits as required for the on-campus event

3. A certificate of liability insurance as described by this procedure and the policy which it has been enacted pursuant to.

4. All serving personnel must

a. have been instructed in and have a working knowledge of all ABC regulations that apply to the on-campus event in which they are participating; AND

b. have been properly trained when and how to serve and dispense alcohol; AND

c. have been properly trained when and how not to serve or dispense alcohol.

5. A written plan outlining how the alcohol service will be supervised and how IDs will be checked

IV. Procedures for On-Campus Events Serving Alcohol & NOT Using the University Food Service Contractor or an Outside Professional Caterer

A. The Chancellor's Cabinet must give prior approval for any university departments, university affiliated units, or unaffiliated organizations contracting with UNCSA to be allowed to serve alcohol at an on-campus event without using the University food service contractor or a licensed professional caterer.

B. Any individual or group who wishes to serve alcohol at an on-campus event without using the University food service contractor or a licensed professional caterer must provide Performance Facilities proof of the following:

1. If a fee of any kind is being charged for people to attend the on-campus event or if the on-campus event is closed to the general public then proof of an ABC Special One-Time Permit must be provided. This permit is available to non-profit or political organizations ONLY.

2. If no fee is being charged for people to attend the on-campus event and if the on-campus event is limited to invited guests only (in other words, not open to the general public) then proof of an ABC Limited Special Occasion Permit must be provided.

3. All unaffiliated organizations must provide proof of liability insurance required by the Alcoholic Beverages at Events policy.

4. All serving personnel must

a. have been instructed in and have a working knowledge of all ABC regulations that apply to the on-campus event in which they are participating; AND

b. have been properly trained when and how to serve and dispense alcohol; AND

c. have been properly trained when and how not to serve or dispense alcohol.

5. A written plan outlining how the alcohol service will be supervised and how IDs will be checked

V. Insurance Coverage Requirements

Coverage will not be less than:

– General Aggregate…………………………………………. $2,000,000

– Each Occurrence……………………………………………$1,000,000

– Product-Completed Operations Aggregate…………….. $2,000,000

– Personal & Advertising Injury…………………………….$1,000,000

– Fire Damage (any one fire)…………………………………$300,000

– Medical Expenses (any one person)………………………$5,000

– Damage to Premises (any one occurrence)……………….$300,000

VI. Oversight & Waivers

A. Requests to waive any portion of this regulation should be directed in writing to the Chancellor's Cabinet prior to the on-campus event being planned.

B. Any exceptions or modifications with respect to the insurance requirement of this procedure or the associated policy must be approved by the Chancellor's Cabinet, in consultation with the University’s General Counsel.