REG 04.20.01 – Alcohol Regulation

Authority: Issued by the Chancellor. Changes or exceptions to administrative regulations issued by the Chancellor may only be made by the Chancellor.

History: First Issued: April 2, 2002. Last Revised: November 25, 2014.

Additional References:
Form for Requesting Permission to Serve Alcohol

Contact Info: Assistant to the Chancellor and Secretary of the University (919-515-2191)

1. INTRODUCTION

This Regulation supplements NCSU POL04.20.02 – Alcohol Policy and NCSU REG07.25.11 – Use of University Facilities by establishing requirements for the service, possession and consumption of alcoholic beverages on NC State property. It establishes the procedure to be followed for requesting permission to serve, possess or consume alcohol in NC State facilities, and the circumstances under which approval may or may not be granted. It also interprets the Alcohol Policy as it applies to the sale of alcohol on campus. Unless otherwise defined, all terms used herein shall have the meaning set forth in the Alcohol Policy.

2. SCOPE

This regulation applies to property controlled or managed by NC State or leased by NC State for NC State’s use.

This regulation shall not apply to:

(a) private residential dwelling units and the common elements associated therewith constructed on Centennial Campus and used for non-University purposes; and
(b) privately owned or privately leased facilities on University land, such as private buildings, offices and spaces on Centennial Campus.

However, such private parties are subject to North Carolina law and other applicable NC State policies and lease requirements concerning the possession and consumption of alcoholic beverages in their privately owned or leased facilities on campus. Private parties must also obtain appropriate permits from the North Carolina Alcoholic Beverage Control Commission, when applicable.

3. LIMITATIONS ON CONSUMPTION OF ALCOHOLIC BEVERAGES

3.1 Persons who are 21 years of age or older may consume alcoholic beverages in their personal residence hall rooms on campus, or in privately owned or leased facilities on campus, subject to North Carolina laws and NC State’s Alcohol Policy.

3.2 Consumption of alcoholic beverages on campus is otherwise prohibited except as permitted in the Alcohol Policy and this regulation.

4. LIMITATIONS ON PURCHASE AND SALE OF ALCOHOLIC BEVERAGES

4.1 Purchase of Alcoholic Beverages. No State-appropriated or Federal funds may be used to purchase alcoholic beverages. Some funds that are classified as institutional trust funds and special funds may be used to purchase alcohol, but only if those funds are discretionary in nature and the fund authority is sufficiently broad to cover this purchase. For example, scholarship funds or funds handled through Contracts and Grants are not discretionary in nature.

4.2 Sale of Alcoholic Beverages. The Alcohol Policy specifies the particular campus locations at which alcoholic beverages may be sold. Those locations are exempt from this subsection. Alcoholic beverages cannot be sold, directly or indirectly, at any other campus location. This prohibition includes collection of a cover charge for an event at which alcohol is purportedly “given away.” However, a set price for (a) a reception or meal where the service of alcohol is incidental to the reception or meal, or (b) a NC State-sponsored wine or beer tasting event held for fundraising purposes is permitted, provided the facility hosting the event is otherwise authorized under this regulation for the service of alcohol and an appropriate ABC permit is obtained, if necessary.

5. LIMITATIONS ON SERVICE OF ALCOHOLIC BEVERAGES

5.1 With the exception of those facilities authorized to sell alcohol pursuant to the Alcohol Policy, no alcoholic beverages may be served, displayed or consumed in NC State facilities except in accordance with this section.

5.2 The service of alcoholic beverages in NC State facilities is limited solely to invitation-only, private events. Alcoholic beverages may not be served at events open to the general public.

5.3 Except for University holidays, no alcoholic beverages may be served in any NC State facility on a University business day until after 5:00 p.m. Only the Chancellor or his/her designee may authorize exceptions to this provision.

5.4 Groups wishing to serve alcoholic beverages in NC State facilities may be required to obtain appropriate permits from the North Carolina Alcoholic Beverage Control Commission. Typically, the service of malt beverages and unfortified wine will not require an ABC permit. The service of other alcoholic beverages such as spirituous liquor, fortified wine, and mixed beverages may require an appropriate ABC permit, such as a Limited Special Occasion Permit.

5.5 Permission to Serve Alcoholic Beverages.

(a) Any NC State department or unit wishing to hold an event on-campus at which alcohol will be served shall obtain permission from the Dean of its academic unit or from the appropriate Vice Chancellor if a non-academic unit.

(b) Arrangements for invitation-only, private events held at the Park Alumni Center, the Jane S. McKimmon Center for Extension and Continuing Education, PNC Arena or Carter-Finley Stadium must be made with that facility’s administrator. Each facility shall have detailed rules governing its use and alcohol service at events. It is the responsibility of the unit hosting the event to comply fully with the facility’s requirements for the service of alcohol.

(c) In addition to the permission required in subsection (a) above, any group wishing to use a campus facility or Outdoors space other than those listed in subsection (b) above for invitation-only, private events must receive permission from the NC State official with responsibility for oversight of the facility or space in which the event is desired to be held.

5.6 Where permission for holding an event at which alcoholic beverages will be served has been obtained, the event shall meet the following requirements:

(a) Event sponsors must emphasize the nature of the event without advertising alcohol as a primary attraction.

(b) A responsible person shall be designated to ensure compliance with this regulation and any accompanying NC State policies and regulations, state laws, and city codes. Persons routinely designated as such, and other persons exposed to similar legal responsibility, such as organization presidents and social chairs, should attend alcohol education and training programs offered by NC State to acquaint themselves with NC State policies and State law.

(c) Access to the event shall be limited to invitees and controlled throughout the event. The event may not be open to the public. For Outdoors events, special measures must be taken (for example, tents with sides or other significant barriers) to control access and delineate the area for the event.

(d) A sufficient amount of alternative, nonalcoholic beverages must be available.

(e) A sufficient amount of substantial, wholesome food (heavy hors d’oeuvres or dinner) must be available.

(f) No self-service of alcohol is permitted. A professional bartender must serve all alcohol.

(g) The service of alcoholic beverages at an event may last no longer than two hours. Service of alcohol must be discontinued for a reasonable period of time prior to the end of the event.

5.7 Additional Precautions to Avoid Service of Alcoholic Beverages to Minors.

(a) It is a violation of North Carolina law to serve alcohol to anyone under 21 years of age. NC State departments and units planning events that are likely to be attended by students under 21 are strongly discouraged from serving alcoholic beverages at the event. Groups planning to serve alcohol at an event that will be attended by guests under the age of 21 must submit, as part of the approval process, an explanation of the method by which it will determine which guests are at least 21 and how it will ensure that underage guests are not served or given alcohol.

(b) In addition to the above requirements, if individuals under age 21 will be attending the event, the event sponsor must take measures to ensure that it will not serve alcohol to underage persons. Such measures might include:

Signage stating “Over 21 Only” and an instruction to the bartender to require proof of age whenever there is any doubt that an individual is 21.
Color-coded wrist bands, name tags or place cards for guests and instructions to the bartender and/or wait staff as to the significance of the color-coding.
Instructions to bartenders, wait staff and NC State representatives supervising the event to be alert to the possibility that guests over 21 may attempt to obtain alcohol for underage guests.

6. TAILGATING

6.1 Tailgating for football and other events at Carter-Finley Stadium. Possession and consumption of spirituous liquor, mixed beverages and fortified wine is not permitted in the Carter-Finley Stadium parking facilities at any time. Persons of legal age are permitted to possess and consume malt beverages and unfortified wine in the parking facilities of Carter-Finley Stadium and PNC Arena permanent and leased parking facilities in connection with NC State football tailgating or tailgating at any other event being held in Carter-Finley Stadium. 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 are permitted. Alcoholic beverages are strictly forbidden inside Carter-Finley Stadium.

6.2 Basketball tailgating. Possession and consumption of alcoholic beverages is not permitted in the parking facilities of PNC Arena or Carter-Finley Stadium during NC State events held at the PNC Arena.

6.3 Baseball tailgating. Possession and consumption of spirituous liquor, mixed beverages and fortified wine is not permitted in parking facilities designated for NC State baseball parking at any time. Persons of legal age are permitted to possess and consume malt beverages and unfortified wine in the Sullivan (Employee) parking lot in connection with NC State baseball.