UPPS 05.03.03 - Alcoholic Beverage Policy and Procedure

POLICY STATEMENT

Texas State University is committed to maintaining a safe and healthy environment in connection with the sale, purchase, service, and consumption of alcoholic beverages on university property and at university-sponsored events.

1. SCOPE

   1. This policy sets forth Texas State University’s procedures regarding the sale, purchase, service, and consumption of alcoholic beverages on university campuses and at university-sponsored events. The Texas Alcoholic Beverage Commission Cash Sale Type Operation Guidelines, as adopted by Texas State University contain separate policy statements for George’s in the LBJ Student Center and all applicable Athletic Department facilities where alcoholic beverages are served.

   2. Texas State promotes healthy, responsible living, respect for laws, campus regulations, the individual’s responsibility within the community, and the intellectual, social, emotional, ethical, and physical well-being of its community members.

   3. This policy should be interpreted consistently with state law and The Texas State University System (TSUS) Rules and Regulations.

2. SPECIAL USE FACILITIES

   1. Possession or consumption of alcoholic beverages on property under the control of the university is not permitted except in special use facilities as designated by the president. A listing of locations approved for possession or use of alcohol can be found on the Special Use Facilities List.

      With approval, persons may sell, serve, and consume alcoholic beverages on campus in special use facilities in accordance with applicable law. Events must meet the following conditions:

      1. held in a special use facility;

      2. use a licensed vendor and Texas Alcoholic Beverage Commission (TABC)-trained bartender;

      3. obtain appropriate security;

      4. be sponsored by:

         1. a recognized faculty, staff, or registered student organization;

         2. a department, college, or division; or

         3. an off-campus agency or person as approved by the appropriate hosting vice president.

      5. sponsor is present for the duration of the entire event;

      6. most attendees are at least 21 years of age; and

      7. serve food and provide an alternate non-alcoholic beverage.

   2. Approval for alcoholic beverages to be served at off-campus events is subject to the rules and guidelines of the venue at which the event is held.

3. CONTRACTED VENDORS AND AGREEMENTS

   1. The university currently has a master contract with Chartwells. Chartwells is the only caterer permitted to serve alcohol in the LBJ Student Center and the JC Kellam Administration Building (see UPPS No. 03.01.18, Purchase of Alcohol).

      1. The licensed Athletics concessionaire or club and suite caterer who serves alcohol at athletic facilities will be responsible for the sale and service of all alcohol on behalf of the Texas State Athletics Department.

   2. Departments may contract with other approved licensed vendors to serve alcoholic beverages at events if done in accordance with laws and university policy and if the caterer has:

      1. a license to serve alcoholic beverages;

      2. a permit to serve alcoholic beverages at the designated location;

      3. liability insurance of at least $1,000,000 with a Certificate of Insurance listing Texas State as additional insured submitted to Environmental, Health, Safety, Risk and Emergency Management (EHSREM) at least a week prior to the event;

      4. and TABC-trained bartenders to serve alcoholic beverages.

4. PURCHASES AND DONATIONS

   1. University personnel will be responsible for complying with state and federal laws, TSUS Rules and Regulations, and university policies regarding purchasing, serving, and consuming alcoholic beverages. UPPS No. 03.01.18, Purchase of Alcohol, sets the guidelines for the purchase of alcohol for allowable activities at Texas State.

      1. University personnel may not use state-appropriated funds to purchase alcoholic beverages.

      2. The use of a university-issued procurement card (P-Card) to purchase alcoholic beverages is prohibited without appropriate prior approval.

      3. For events with alcohol purchases in excess of $1,000, the divisional vice president, or designee, must receive approval from the executive vice president for Operations and Chief Financial Officer for final approval. When the event is sponsored by the Division of Finance and Support Services, then the executive vice president for Operations and Chief Financial Officer will submit the form to the provost and executive vice president for Academic Affairs, or designee, for final approval.

      4. Donated Alcoholic Beverages – A Texas State office, department, college, or division, or a recognized faculty, staff, or student organization hosting an on-campus event may dispense alcoholic beverages that have been donated to the host, provided no charge is made for the alcoholic beverages and the conditions described in Section 02.01 of this policy are met.

5. SECURITY

   1. The University Police Department (UPD) will determine the number of uniformed officers who must be present at events where alcoholic beverages are consumed unless the approving vice president, or designee; the director of UPD, or designee; and the facility manager all agree that such security is unnecessary.

      1. Event sponsors will pay UPD officers in accordance with fees that UPD establishes.

      2. When university funds are used, UPD officers will be paid through university payroll.

6. REQUESTS FOR APPROVAL

   1. All events involving alcohol, held on property under the control of the university, must be approved. The sponsor must submit an Alcoholic Beverage Activity form at least 10 working days before the event to be approved by:

      1. the director or coordinator of the facility where the event will occur;

      2. the director of UPD, or designee;

      3. the university food service and alcoholic beverage contractor (refer to the Catering Services website);

      4. the vice president, or designee, of the employees initiating the request;

      5. the vice president for Intercollegiate Athletics, or designee, for NCAA-sponsored events or events held in any athletic facility;

      6. the vice president for Student Success, or designee, for student organization events; and

      7. Approval of requests from individuals external to the university (e.g., weddings, associations, etc.) come from the divisional vice presidents, or designees, who have oversight or authority over the facility where the event is to take place.

   2. Exemptions – In consultation with the director of UPD and the facility manager, the divisional vice president, or designee, reserves the option to grant exemption to this policy (i.e., a licensed TABC bartender, food caterer, and security officer may not be required for small events involving graduate students, faculty, and special events, such as seminar speakers).

7. AVAILABLE EDUCATIONAL PROGRAMS

   1. The checklist of liability contains information to help reduce the risk of liability exposure and health risks associated with the consumption of alcoholic beverages.

   2. Throughout the year, Texas State will provide free educational programs for its university community for the purpose of preventing alcohol and drug abuse. Additional information can be found on the Drug Free Schools and Communities Act website.

   3. The TABC Guidelines for Serving Wine and Beer contains wine and beer serving guidelines as recommended by the TABC.

8. PROCEDURES FOR PUBLICIZING THIS POLICY

   1. During September of each year, the executive vice president for Operations and Chief Financial Officer will publicize this policy by:

      1. a notice in the Student Handbook;

      2. a memorandum or electronic notification to student organizations and their sponsors; and

      3. a memorandum or electronic notification to all faculty and staff.

9. REVIEWERS OF THIS UPPS

   1. Reviewers of this UPPS include the following:

      Position	Date
      Executive Vice President for Operations and Chief Financial Officer	September 1 E5Y
      Vice President for Student Success	September 1 E5Y
      Vice President for Intercollegiate Athletics	September 1 E5Y
      Vice President for University Advancement	September 1 E5Y
      Vice President and Chief of Staff	September 1 E5Y
      Vice President for Round Rock	September 1 E5Y

10. CERTIFICATION STATEMENT

    This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

    Executive Vice President for Operations and Chief Financial Officer; senior reviewer of this UPPS

    President