POL 04.20.02 - Alcohol Policy
Authority: Board of Trustees
History: First Issued: September 13, 1986. Last Revised: April 28, 2006.
NCSU REG04.20.01 - Alcohol Regulation
UNC Code Appendix I.C (personnel); XII (students); XIII (athletics); XVI (facilities)
Form for Requesting Permission to Serve Alcohol
N.C. General Statute 18B - Regulation of Alcoholic Beverages
N.C. ABC Commission website
Contact Info: Assistant to the Chancellor and Secretary of the University (919-515-2191)
1. LEGAL CONTEXT
The service, possession, and consumption of alcoholic beverages are regulated by North Carolina General Statutes, Raleigh City Code and University Policies. All members of the University community are obligated to obey these laws, policies and ordinances. The University does not have the right to alter the laws and ordinances or secure exemption from them. The University may be required to participate in the enforcement of the laws and ordinances.
2. DEFINITION OF UNIVERSITY JURISDICTION
Jurisdiction of the University alcohol policy shall extend to every student currently enrolled for course work at North Carolina State University and to currently employed faculty and staff. It shall also extend to properties owned by the University or leased by the University for the University's use; provided, however, that Sections 4, 5, 6, 7 and 8 of this policy shall not extend to residential dwelling units constructed within Centennial Campus and used for private (non-University) purposes or to the use and enjoyment of the common elements associated therewith by residents, their unit owners' association and their respective invitees; and further provided that private parties who own or lease facilities on property owned by the University shall not be required to obtain the Chancellor's permission for possession and consumption of spirituous liquor, mixed beverages and fortified wine in their privately owned or leased facilities as required under 4.2.3. Such private parties must still obtain an appropriate liquor license and otherwise comply with North Carolina law and North Carolina State University policy governing the possession and consumption of alcohol in their privately owned or leased facilities on campus. This alcohol policy shall also extend and apply to Vaughn Towers at Carter Finley Stadium.
3. LEGAL REQUIREMENTS OF THE STATE OF NORTH CAROLINA
In summary , North Carolina General Statutes as stated in the Alcoholic Beverage Control laws provide:
3.1 Possession and consumption of alcoholic beverages.
It is unlawful for any person less than twenty-one (21) years of age to consume and possess malt beverages, unfortified wine, fortified wine, spirituous liquor or mixed beverages.
3.2 Sale to or purchase by underage person
3.2.1 It is unlawful for any person to sell or give any alcoholic beverage to a person less than 21 years old.
3.2.2 It is unlawful for a person less than 21 years old to purchase or possess any alcoholic beverage.
3.2.3 Aider and Abettor
1. It is unlawful for any person to aid or abet another in violation of 3.2.1 and/or 3.2.2 above.
2. It is unlawful for any person to obtain or attempt to obtain alcoholic beverages by using or attempting to use:
a. a fraudulent or altered driver's license; or
b. a fraudulent or altered identification document other than a driver's license; or
c. a driver's license issued to another person; or
d. an identification document other then a driver's license issued to another person.
3. It is unlawful for any person to allow the use of his or her driver's license or any other identification document by any person who violates or attempts to violate 3.2.2 above.
4. A violation of 3.1 or 3.2, if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage, will result in the court filing a conviction report with the Division of Motor Vehicles. Upon receipt of the conviction report the Division will revoke the person's license for a period of one year; there is no limited driving privilege.
4. UNIVERSITY POLICIES ON USE AND CONSUMPTION OF ALCOHOLIC BEVERAGES:
4.1 Possession and Consumption of Alcoholic Beverages are prohibited (a) for all persons under the age of 21; (b) in areas of classrooms being used for instructional purposes; and (c) during athletic events. During an athletic event means that period of time on a game day beginning 30 minutes prior to commencement of play and continuing until 30 minutes after play ends. Golf played on the Centennial Campus Golf Course shall not be construed as an athletic event for the purposes of this Section 4.1 unless it is played by student athletes in the context of ACC or NCAA championship play. Except as otherwise permitted by this policy, the possession of an open container of any alcoholic beverage or the consumption of alcoholic beverages while Outdoors on NCSU property is prohibited, except on such occasions as the Chancellor or his or her representative shall designate. "Outdoors" is defined as anywhere outside the confines of a building, including but not limited to, walkways and patios. Open container is defined as one whose seal has been broken or a container other than the manufacturer's unopened original container. The Chancellor has the authority to promulgate regulations that further limit the serving, possession or consumption of alcohol (a) during normal university business hours, (b) at university sponsored events focused primarily on students or student groups (c) at events held by students or student organizations, and (d) in work areas or employee offices. The Chancellor also may require university units or employees to obtain the Chancellor's permission before any university unit or university employee (a) sponsors an event at which any alcoholic beverage will be served, possessed or consumed or (b) allows use of any university facilities for an event at which any alcoholic beverage will be served, possessed or consumed.
4.2 Possession and Consumption of Alcoholic Beverages are permitted by those 21 and older under the following conditions:
4.2.1 Possession and Consumption of Alcoholic Beverages in Private Rooms of University Housing Facilities:
Consistent with State Law, University policy permits possession and consumption of malt beverages, fortified and unfortified wine, spirituous liquor and mixed beverages in one's own room or the room of another person with the consent of the other person. The consumption of alcoholic beverages is prohibited in the public spaces in the residence halls.
4.2.2 Possession and Consumption of Malt Beverages and Unfortified Wine on the Centennial Campus Golf Course, in Nonresidential Buildings on University Property and Areas Other Than the Private Rooms in University Housing Facilities:
The University permits such possession and consumption by persons of legal age except as otherwise prohibited by this policy or by regulation of the Chancellor. Possession and consumption are prohibited in the athletic facilities of the University except (a) in private suites at Carter Finley Stadium provided the possession and consumption are in accordance with this policy and with the terms of any license agreement(s) with the licensee(s) who occupy or control the suites, or (b) on such occasions as the Chancellor or his/her representative shall designate. Suite license agreements shall specify that the licensee of the suite must abide by all applicable NC State University rules and regulations, including NC State University's alcohol policy.
4.2.3 Possession and Consumption of Spirituous Liquor, Mixed Beverages and Fortified Wine in Nonresidential Buildings on University Property and Areas Other Than Private Rooms in University Housing Facilities:
The University permits such possession and consumption by persons of legal age (a) in such facilities where its sale is permitted pursuant to Section 4.3 below, (b) in private suites at Carter Finley Stadium provided the possession and consumption are in accordance with this policy and with the terms of any license agreement(s) with the licensee(s) who occupy or control the suites, and (c) on such occasions as the Chancellor or his/her representative shall designate provided that such possession and consumption are undertaken pursuant to and in compliance with the provisions of an appropriate license issued by the ABC Commission, under pertinent provisions of the General Statutes of North Carolina.
4.3 Sale of Alcoholic Beverages
The University policy, does not permit the sale of any alcoholic beverages upon University property except within the Hotel, Conference Center and Golf Course Clubhouse facilities constructed on Centennial Campus and the Alumni Center facility constructed on Centennial Campus, as permitted pursuant to State Law. The service of alcohol at a university sponsored fundraising event at which there is a fee charged to attend the event shall not be construed as a sale provided there is no separate charge for the alcohol that is served and a liquor license is issued for the service of alcohol at the event by the ABC Commission. A university sponsored wine tasting event or other event held for fundraising purposes at which unopened bottles may be sold pursuant to a liquor license issued by the ABC Commission also shall not be considered a sale under the University's alcohol policy.
4.4 Use of Student Fees for Purchasing Alcoholic Beverages
The purchase of alcoholic beverages with student fees is prohibited.
4.5 Acknowledgment by Registered Student Organizations
Each student organization requesting University registration through the Department of Student Development shall sign the following statement which will appear on the "Campus Organization Information" form.
"I have read, understand, and agree that the members of the above registered student organization will abide by the policies outlined in the North Carolina State University Alcohol Policy and any regulations issued by the Chancellor or chancellor's delegatee governing the possession and consumption of alcohol. In the event that members of this organization do not comply with the policy, and their noncompliance takes place in the context of their membership in the organization, I understand that we are subject to a loss of registration."
4.6 Discipline and Enforcement
4.6.1 Infractions of the University policy should be regarded as University disciplinary violations, which may (at the discretion of the University) be adjudicated at the University level in addition to being adjudicated in the court system.
4.6.2 In circumstances where alcohol is indicated to be an ingredient of a problem, students, faculty and staff may be required to participate in an alcohol assessment program.
4.6.3 A person who violates law or University policy while intoxicated remains fully responsible for his or her actions and the consequences thereof. The consumption of alcohol and/or the results of such consumption are never considered to compromise personal responsibility or accountability.
4.6.4 An organization not complying with the University alcohol policy will forfeit its opportunity to receive student fee support.
4.6.5 At parties or events held on property within the jurisdiction of the University, violations of the policies set forth in this document may lead to the termination of the event by either a University staff person(s) and/or a Campus Police official(s) and disciplinary action against its sponsor.
4.6.6 Intoxicated/disorderly persons will be barred from entering the University's facilities or will be evicted from the facilities according to Campus Police protocol.
5. CONSUMPTION OF ALCOHOLIC BEVERAGES ON PROPERTY OR PUBLIC VEHICULAR AREAS OF THE CITY OF RALEIGH
It shall be unlawful for any person to consume any alcoholic beverage within the right-of- way of municipal streets, boulevards, alleys and sidewalks, in municipal parks and buildings or other property owned or occupied by the city.
6. UNIVERSITY ALCOHOL POLICIES GOVERNING SOCIAL EVENTS:
Social functions which come under the jurisdiction of North Carolina State University must be conducted in a way that demonstrates a sensitivity to the issues relevant to alcohol consumption. These issues include, but are not limited to, the propensity of persons to develop a dependence on alcohol, the effect of alcohol on academic performance, the University's legal liability, vandalism as it relates to alcohol abuse, the rights of persons over the age of 21 to consume alcohol, and social pressure to drink created by certain social situations. The policies are designed to insure that members of the University community are capable of making informed decisions regarding alcohol, free from pressure to conform to standards of others. The University recognizes that it cannot and should not take responsibility for every decision made about alcohol by members of the University community. Rather, what it seeks to do is create a positive environment in which to make those decisions.
6.1 The use of alcohol at social events on the campus of North Carolina State University must conform to the laws of North Carolina, City of Raleigh, and the Alcohol Policies and Regulations of North Carolina State University.
6.2 Alcohol education and training programs which include, but are not limited to the use, misuse, and non-use of alcohol, the effects of alcohol on the body, and the cultural, social, economic and legal aspects of beverage alcohol will be made available to the University community. All departments of the University that conduct social events using alcohol are strongly encouraged to take advantage of these programs.
6.3 Programmers of social events must emphasize the quality of the event without advertising alcohol as the main function.
6.4 Departments of the University have a responsibility to examine the unique aspects of their own programs and insure that any additional rules needed concerning alcohol are in place and that students affected by those additional regulations are informed of them.
6.5 At each event where alcohol is to be served, a responsible person must be designated by the sponsoring department or organization to ensure compliance with the University Alcohol Policy, University Regulations, state laws and city codes. Persons who are routinely so designated and other persons who are exposed to similar legal liability, such as organization presidents and social chairs, are strongly encouraged to attend the alcohol education and training programs offered to acquaint themselves with University policies and State Law.
6.6 Nonalcoholic beverages and food items must be available at all social functions where alcohol is served.
6.7 The sponsoring group will be responsible for setting a beginning and ending time for all activities where alcohol is served.
6.8 Service of alcohol must be discontinued for a reasonable period of time prior to the anticipated end of the event or function.
6.9 Games or contests which reward the capacity to consume large amounts of alcohol or consume it quickly are prohibited. Alcoholic beverages, including kegs or cases of beer, shall not be provided as awards to individual students or campus organizations.
7. UNIVERSITY POLICIES GOVERNING ALCOHOL USE IN ATHLETIC FACILITIES:
University athletic facilities have been identified as requiring special consideration. It is recognized that prohibition of alcohol in the University's athletic facilities does not solve all concerns about its use but prohibition potentially reduces the overall number of alcohol-related incidents within the facilities.
7.1 Information concerning alcohol prohibition must be included in programs or on game tickets and other publicity material distributed at athletic events.
7.2 Signs indicating the University policy on alcohol use in facilities must be posted for public information in appropriate locations.
7.3 Methods must be developed to remind people who travel by car to the large-scale athletic events of the hazards of drinking alcohol and driving. (Example: Public service announcements on the public address system or radio.)
7.4 Admissions personnel who work at the various athletic facilities must participate in a special alcohol awareness program established by the University.
7.5 Alcohol in any form is prohibited within the athletic facilities of North Carolina State University except as indicated in 4.2.2 and 4.2.3. The athletic facilities are defined as "the inside environs of the William Neal Reynolds Coliseum, the areas of the RBC Center that are designated NC State University exclusive use areas in accordance with the Use Agreement between the University and the Centennial Authority, all other areas of the RBC Center (only on such days as such areas are used by the University for the purpose of playing men's basketball games and only during that period of time on such game days which begins thirty (30) minutes before play commences and ends thirty (30) minutes after play ends), the inside environs of Carter/Finley Football Stadium, and all other University owned or leased competition venues."
Possession and consumption of spirituous liquor, mixed beverages and fortified wine is not permitted in Carter/Finley Stadium parking facilities except on such occasions as the Chancellor or his or her representative shall designate provided such occasion is a private occasion not in connection with football tailgating or any other event being held in Carter/Finley Stadium and the service of such beverages is pursuant to an applicable license issued by the State Board of Alcoholic Control, under pertinent provisions of the General Statutes of North Carolina. Persons of legal age are permitted to possess and consume malt beverages and unfortified wine in Carter/Finley Stadium permanent and leased parking facilities in connection with NC State football tailgating or tailgating at any other event being held in Carter Finley Stadium, or on such other occasions as permitted by the Chancellor or the Chancellor's representative. However, notwithstanding the foregoing provision, no "Kegs" (any container capable of dispersing 3 gallons or more of malt beverages or unfortified wine) of any type will be permitted in the parking lots at Carter Finley Stadium in connection with football tailgating or tailgating at any other event being held in Carter Finley Stadium. While malt beverages and unfortified wine may be possessed and consumed in the parking facilities in connection with NC State football tailgating and tailgating at any other event being held in Carter Finley Stadium, no alcoholic beverage may be taken inside Carter Finley Stadium on game or event day. Persons found in possession of alcoholic beverages within Carter Finley Stadium, except as permitted in sections 4.2.2 and 4.2.3, will forfeit their game or event ticket(s) and be expelled from the game or event.
7.6 Consistent with State law, possession of spirituous liquor, mixed beverages and fortified wine is not permitted on the Centennial Campus Golf Course; Persons of legal age are permitted to possess and consume malt beverages and unfortified wine on the Centennial Campus Golf Course consistent with the rules and regulations of the Centennial Campus Golf Course.
7.7 Possession and consumption of alcoholic beverages is not permitted in the parking lots of the RBC Center when University events are held in the RBC Center. Persons of legal age are permitted to possess and consume malt beverages and unfortified wine in the RBC Center parking lots in connection with football tailgating, as permitted in section 188.8.131.52. Any intoxicated/disorderly person will be barred from entering the University facility or will be evicted from the facility at the discretion of Public Safety. (Intoxicated/disorderly persons will be handled according to normal Public Safety protocol.)
8. UNIVERSITY ALCOHOL POLICY GOVERNING THE UNDERAGE STUDENT
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. The University does not encourage the violation of the drinking age law, but wishes to ensure that no person shall be prohibited from attending an event or participating fully in the program benefits offered, within the limits of the law, solely on the basis of his or her age. This is a strong statement against the segregation of the populations at the door and an argument in favor of creative supervision of events where alcohol is being served.