Sale or Service of Alcoholic Beverages on Campus
Prohibitions
The possession, consumption or transportation of alcoholic beverages on campus is prohibited except when specifically approved for sale or consumption at campus sponsored events or events held on campus by third parties using campus facilities. The consumption of alcohol is limited to those persons 21 years of age and older. The sale or service of alcohol shall not be made to any person who appears to be under the age of 30 years unless verification establishing the consumer to be at least 21 years of age has been made.
Alcoholic Beverages Permitted
Beer and wine are the only alcoholic beverages that may be sold, served or otherwise made available on the University campus.
Approved Locations
When beer or wine is sold or served at campus sponsored events or at events held on campus by third parties using campus facilities, it must be consumed within a building or on its terrace. Transportations of alcohol in open containers to a campus parking lot or to any other location in or around the campus is prohibited.
Definitions
- Alcoholic Beverage
- includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits wine or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. (Business and Professions Code, Section 23004, Alcoholic Beverage Control Act)
- Sale
- means to exchange any consideration either directly or indirectly for alcohol. The term "sale" also includes the imposition of an admission charge to, or any other charge for the event at which alcoholic beverages will be served exclusively to those who pay such a charge. The term "consideration" includes money or tickets, tokens or chits which have been issued in exchange for money or anything else of value.
- Serve
- means to give away or provide at no cost to the consumer.
Approved Types of Alcoholic Beverages
Beer and wine are the only alcoholic beverages that may be sold, served or otherwise made available on the University campus.
Non-Compliance
Non-compliance with University policy on the use of alcohol at campus sponsored events or events held on campus by third parties using campus facilities will result in violators being removed from the campus and subject to prosecution.
Liquor Liability
Alcoholic beverages at campus sponsored events or events held on campus by third parties using campus facilities may be sold or served only by the Forty-Niner Shops, Inc. under their license issued by the Department of Alcoholic Beverage Control.
Vicarious Liability
Individuals, organizations and campus departments should be aware that they can face criminal penalties and be liable for the conduct of anyone who consumes too much at the event.
"Anyone" includes non-employees as well as employees. And the conduct for which they can be liable includes not only what happens at the event but also what happens after the event. For example, if someone drinks at a campus sponsored event and then drives away and causes an accident, the University or a University employee may be liable for the injuries or other damages. Liability may attach even for non-employees who attended the event even if the accident did not occur at the event.