POLICY NUMBER: 100-003 CAMPUS POLICY Now is the tie for all good men to PAGE NUMBER: Page 1 of 9 CHAPTER: 100 Administration/Organization SUBJECT: Use of Alcohol EFFECTIVE DATE: February 18, 2013 SUPERSESSION: January 18, 2005; April 1, 1996; May 4, 1995 OPR: VCAF VC: Administration and Finance I. APPROVED: by Pamela Shockley-Zalabak, Chancellor, on February 18, 2013 POLICY: The University of Colorado Colorado Springs students, staff, and faculty are responsible for creating the best possible community for teaching and learning. One aspect of this responsibility is adherence to state, university and local laws and rules regarding the use of alcohol on campus. This policy applies to the sale and use of alcohol on all property owned or operated by the University including off-campus locations where official University business is conducted. This policy sets forth the parameters for using university funds to purchase alcoholic beverages for personal consumption at university events, regardless of the location of that event. This policy sets forth the parameters for providing alcoholic beverages at fundraising events. This policy sets forth the parameters for the procurement and use of alcoholic beverages as a component of a research grant or research gift. This policy sets forth a definition of private events and details over which of these events the policy has jurisdiction. Faculty and staff with questions concerning this policy may contact the UCCS Controller’s Office for assistance. II. AUTHORITY FOR CAMPUS POLICIES: Authority for the creation of campus administrative policies is found in The Laws of the Regents, 2007, Article 3 Section B.5(A) which states: CHAPTER: 100 Administration/ Organization SUBJECT: Use of Alcohol POLICY: 100-003 EFFECTIVE: February 18, 2013 PAGE: Page 2 of 9 The chancellor of each campus shall be the chief academic and administrative officer responsible to the president for the conduct of affairs of their respective campus in accordance with the policies of the Board of Regents. The chancellor shall have such other responsibilities as may be required by these Laws, or regent policy, or as may be delegated by the president. III. PURPOSE: The purpose of this policy is to provide information that clearly defines university and individual responsibility with regard to the procurement, sale, service, and consumption of alcohol on University owned or operated property and/or at University events. This policy also provides information regarding the process for gaining approval to engage in the procurement, sale, service, and individual consumption of alcohol on University owned or operated property and/or at University events. For any Event, Alcohol may be served only in accordance with this policy and applicable state, municipal, and federal laws and regulations; Regent Laws and Policies; and Administrative Policy Statements and UCCS campus policies. IV. DEFINITIONS: Alcohol: Any Alcoholic beverage, including, but not limited to, beer, wine, liquor, and hard cider. Bartender: Individual dedicated to the distribution of the alcoholic beverages. The bartender may have no other assigned duties for the event. Depending on the number of participants, more than one bartender may be required. TIPS or equivalent training is required. Event: Means a conference, fundraising event, meal, meeting or any other gathering (formal or informal) on property owned or operated by UCCS or where UCCS funds are used to procure food, beverages, alcoholic beverages, and/or services, regardless of whether or not the space is licensed or not for alcoholic beverage sales. Event Coordinator: Means one of the following: 1. The authorized CU employee who schedules the event and ensures compliance with all campus policies regarding alcohol and the State liquor code, applicable municipal code, and University policies for Private Events in public facilities where alcohol is present, or; 2. A representative of a non-UCCS or CU entity that is eligible to apply for a Special Event Permit as set forth in section V.B.5.c.(3). 3. A representative of a non-UCCS or CU entity that is not eligible to apply for a Special Event Permit as set forth in section V.B.5.c.(3). Fundraising: The act or activity of soliciting and collecting gift revenue benefiting the University. Examples of fundraising activities include the collection of gifts or money CHAPTER: 100 Administration/ Organization SUBJECT: Use of Alcohol POLICY: 100-003 EFFECTIVE: February 18, 2013 PAGE: Page 3 of 9 through: contributions or donations, sale or auction of merchandise or services, collection of registration or sponsorship fees, imposition of admission charges or registration fees, and/or membership fees. License Holder: Responsible party who applies for and is granted a license or permit to sell alcoholic beverages. At UCCS, the license holder is either Theatreworks for Theatreworks space only, the UCCS food service provider Sodexo for specific space detailed in Licensed Premise definition, or an individual department applying for and granted a special permit license (see definition below). Licensed Premise: Means a specific location where the sale and service of Alcohol for consumption on the location has been authorized under Colorado law. The only Licensed Premises (Hotel and Restaurant license) at UCCS currently are: University Center (all floors) GOCA 1420 (Art Gallery) Gallogly Center Dwire Hall 1st floor UC upper plaza Dwire Hall 2nd floor Bon Vivant Theatre (for THEATREWORKS performances only; Arts License) Private Event: Means an Event not open to the general public where Alcohol is served. There are three types of private events: 1. University Private Event, all of the following must be satisfied: a. Alcohol is included in the admission charge or other charge for participation and the participation charge is the same regardless of whether the person attending consumes Alcohol or not. b. The Event must be by invitation only. This does not include an Event where attendees register in response to an announcement of the Event. c. The Event cannot have been advertised as open to the public. d. There must be a mechanism in place for identifying invited guests at the entrance to assure that only invited participants enter the Event. 2. Non-University Private Event, all of the following must be satisfied: a. The Event is not related to University business. b. If Alcohol is sold in any manner, including as part of an admission price to an event (see definitions), the event must be held in a licensed space. Note: A Special Event License is not available for Non-University Private events. c. If alcohol is not sold in any manner, but is served, the event can be in an unlicensed space. d. All events must be reserved through Conference Services and appropriate rental charges, alcoholic beverage request form available through Conference Services, and liability requirements must be satisfied. 3. Individual Private Event: This policy does not apply to individual private events. To qualify as an individual private event, all of the following must be satisfied: a. The event is not held in a licensed facility. b. Alcohol is not sold. c. The event is not a university event and university funds are not being used to procure the alcohol. CHAPTER: 100 Administration/ Organization SUBJECT: Use of Alcohol POLICY: 100-003 EFFECTIVE: February 18, 2013 PAGE: Page 4 of 9 d. No one under 21 attends the event. e. Ten or fewer people are in attendance. f. The event is held in a private space such as a private suite in campus housing where alcoholic beverages are not otherwise prohibited or in a private office. g. No one at the event is prohibited from consuming alcoholic beverages based on any law or policy (such as an individual in a safety related position). Sale of Alcohol: Means that Alcohol is served or delivered for value. In particular, alcohol is considered sold at any event where Alcohol is served and there is a cash bar, or Alcohol is exchanged for tickets or other evidence of payment, or payment of an admission charge, registration fee or other fee or charge allows an individual to attend the Event and be served Alcohol, or a collection is taken at the Event to cover the costs of the Alcohol. Special Event License: Means a permit to sell alcoholic beverages in an unlicensed space for a specific event only where the permit holder/applicant is the University of Colorado Colorado Springs. TIPS: Means Training for Intervention Procedures. Programs for training people to responsibly serve, sell and/or consume alcohol. University Sponsored Event: Alcohol is not sold nor is there an admission charge to enter the event. The event may or may not be invitation only. Alcohol is free but is served by an individual with TIPS or equivalent training (i.e. annual holiday party). University of Colorado Colorado Springs (UCCS) Alcoholic Beverage Authorization Form: Campus form used to gather information on an event that includes the sale and/or consumption of alcoholic beverages. V. PROCEDURES: A. Use of alcoholic beverages and marketing. 1. The availability of alcoholic beverages at any event on property owned or operated by UCCS may not be a prominent part of any advertising campaign for the event. 2. The availability of alcoholic beverages on property owned or operated by UCCS may never be the primary focus of the event or force by which individuals are enticed to attend the event. B. University Events. The following applies only to University Events. For NonUniversity Private Event procedures see section V.C. 1. Authority to approve use of alcohol. a. The Vice Chancellor for Administration and Finance must approve the purchase and service of alcohol at any University related activity, event, or CHAPTER: 100 Administration/ Organization SUBJECT: Use of Alcohol POLICY: 100-003 EFFECTIVE: February 18, 2013 PAGE: Page 5 of 9 function, regardless of the funding source for the alcohol. The Vice Chancellor for Administration and Finance may delegate this authority to an appropriate University employee. 2. Funding options for University Events with alcohol. a. Gift funds. Only gift funds with a “Y” attribute may be used to procure alcoholic beverages. Consult department/college financial support personnel or the UCCS Controller’s office for further explanation if uncertain as to what constitutes an appropriate gift fund. b. Auxiliary funds. Certain auxiliary funds may be approved for the purchase of alcohol if it is being purchased in conjunction with a conference. In submitting the request for approval, the conference brochure must include registration information that advises registrants a portion of the registration fee will be used for alcohol. c. Grant funds. If the procurement of alcohol is allowed under a grant, written permission from the Office of Sponsored Programs must be included with the UCCS Alcoholic Beverage Authorization Form. d. Personal funds. Personal funds may be used to procure alcohol for a university event. However, such funding does not eliminate the need to request approval for the event and use of alcohol at the event. All other regulations, including appropriate bartender service, must be met. e. Donated alcohol. 1.) If the venue is a licensed space, donated alcohol may only be secured through the license holder. Based on Colorado law and regulation, the license holder is restricted to accepting alcohol only from certain distributors, breweries, and wineries. Event managers, organizers, and coordinators are to consult with the license holder prior to accepting any donated alcohol. The availability of donated alcohol does not eliminate the need to request approval for the event and use of alcohol at the event. All other regulations, including bartender service (as defined in definitions), must be met. 2.) If the venue is an unlicensed space, acceptance of donated alcohol from any appropriately licensed source is acceptable. The availability of donated alcohol does not eliminate the need to request approval for the event and use of alcohol at the event. All other regulations, including bartender service (as defined in definitions), must be met. 3. Authorization Form. a. All departments and/or individuals planning to serve alcoholic beverages at a University activity, event, or function, regardless of the location of the event and/or whether or not alcohol is sold, are required to submit the University of Colorado Colorado Springs Departmental Alcoholic Beverage Request Authorization form. The above referenced form is included as an attachment to this policy. b. All areas of the form must be filled out prior to submitting the form including designation of a responsible party for the event. 4. Fundraising. CHAPTER: 100 Administration/ Organization SUBJECT: Use of Alcohol POLICY: 100-003 EFFECTIVE: February 18, 2013 PAGE: Page 6 of 9 a. For events which meet the criteria of a fundraising event, the event requestor must acknowledge on the UCCS Alcoholic Beverage Authorization Form that he/she will fill out the Fundraising Authorization form. b. For more information on fundraising, see the University of Colorado System Controller’s website. 5. Event Scenarios a. Service of alcoholic beverages at events where alcohol is not sold and there is no admission charge or fee to enter the event (University Sponsored Event defined above). 1). Licensed venue: if the location of the event is licensed for alcoholic beverages, the beverages must be procured through the license holder. Bringing alcoholic beverages into a space that is licensed is prohibited by law regardless of whether the alcohol is sold or given away. i UCCS licensed spaces are listed in the definitions. If an event is in a licensed space, the alcoholic beverage is to be ordered at the time the catering order is placed. ii At all events where alcoholic beverages are available for free, food must be available for free. iii At all events where alcohol is available for free, non-alcoholic beverages other than water must also be available for free. iv Bartender service (as detailed in definitions), must be met. 2). Non-licensed venue: if the location of the event is not licensed for alcoholic beverages, the beverages may be procured through any licensed source. See funding options in section V.B.2, above for more information. i At all events where alcohol is available for free, food must be available for free. ii At all events where alcohol is available for free, non-alcoholic beverages other than water must also be available for free. iii Bartender service (as detailed in definitions), must be met. b. Service of alcoholic beverages at events where alcohol is included as part of a ticket sale or fee to enter the event. 1.) Non licensed venue: i Event must qualify as a University Private Event or a Special Event License is required. CRS 12-47-901(h) prohibits the consumption of alcohol in a public place. ii University Private Event, all of the following must be satisfied: (1) Alcohol is included in the admission charge or other charge for participation and the participation charge is the same regardless of whether the person attending consumes Alcohol or not. (2) The event must be by invitation only. Invitations to the event must have been sent to specific individuals. This does not include an event where attendees who have a relationship with UCCS (not the general public) register in response to an announcement of the event (i.e. annual holiday party). (3) The event cannot have been advertised as open to the public. CHAPTER: 100 Administration/ Organization SUBJECT: Use of Alcohol POLICY: 100-003 EFFECTIVE: February 18, 2013 PAGE: Page 7 of 9 (4) There must be a mechanism in place for identifying invited guests at the entrance to assure that only invited participants enter the event. (5) At all University Private Events where alcohol is available as part of the admission fee, food must also be included as part of the admission fee. (6) At all University Private Events where alcohol is available as part of the admission fee, non-alcoholic beverages other than water must also be included as part of the admission fee. (7) Bartender service (as detailed in definitions), must be met. (8) Funding sources are limited, see section V.B.2. above. iii If a Special Event License is issued, that license will direct the requirements for food and non-alcoholic beverage service. 2.) Licensed venue: i The license holder will advise the campus department on the use of space for such activity. ii Alcoholic beverages must be procured through the license holder. iii Funding sources are limited, see section V.B.2. above. c. Service of alcoholic beverages at events where alcoholic beverages are sold. 1.) Hotel and Restaurant establishments. All such establishments, whether on campus or off campus, must have a license to sell alcoholic beverages. The license holder has the authority to enforce all Colorado laws, rules, and regulations for the sale of the alcoholic beverages. The sale of alcoholic beverages is restricted to consumption within the licensed premises. University events held in such space do not supersede such laws. 2.) Arts License. i UCCS THEATREWORKS holds an Arts License that permits the sale of malt, vinous, and spirituous liquors to patrons of artistic and cultural performances for consumption on the premises in connection with such performances. The license is valid only for THEATREWORKS events and is not transferrable nor may it be used for any other purpose. THEATREWORKS, when operating within the scope of the license, is not required to submit an alcoholic beverage request form. University events held in the THEATREWORKS licensed space must follow all regulations applied to the THEATREWORKS Arts license. All such University events require advance approval through the Alcoholic Beverage Request and Authorization form. ii Certain off campus establishments may have an Arts License. The license holder will direct the ability of the University to hold an event in the space where alcohol is sold. All such University events require advance approval through the Alcoholic Beverage Request and Authorization form. 3.) Non-licensed space. The sale of alcoholic beverages in non-licensed spaces is prohibited by law. A University department requesting to host CHAPTER: 100 Administration/ Organization SUBJECT: Use of Alcohol POLICY: 100-003 EFFECTIVE: February 18, 2013 PAGE: Page 8 of 9 such an event must apply for a Special Event License through the Office of University Counsel. i. To initiate the request, the UCCS Alcoholic Beverage Authorization Form must first be filled out and submitted. The request must be initiated no less than 120 days prior to the event. ii The Special Event License must be approved by the Colorado Department of Revenue Liquor and Tobacco Division, it is recommended that the request be submitted no less than 6 months before the event. iii UCCS is restricted to 10 such permits per year. iv A Special Event License may only be issued to UCCS for a UCCS event. These permits are not transferrable and may not be acquired by an individual, conference group, or other non-profit. Such activities must be scheduled in a licensed space. C. Non-University Private Events held on property owned or operated by UCCS. 1. All entities including but not limited to individuals, groups, clubs, companies, and non-profits wishing to use University facilities for an event where alcoholic beverages are consumed and sold or given away must contract for the space through UCCS Conference Services. Non-University Private Events include those events held on campus by University personnel for personal purposes. 2. Events where alcoholic beverages are sold or included as part of an admission fee must be held in a licensed venue. a. Procurement of alcoholic beverages must be through the license holder. b. Failure to procure alcoholic beverages through the license holder for the Event may result in cancellation of the event, forfeiture of any and all deposits paid to Conference Services as well as application of full rental charges. 3. Events where alcoholic beverages are given away and no admission fee or other fee is required may use licensed or unlicensed space. a. In all cases, if the event is in a licensed space, the alcohol must be procured through the license holder. Failure to procure alcoholic beverages through the license holder for the event may result in cancellation of the event and application of full rental charges. b. If the event is in an unlicensed space, the alcohol may be procured from any licensed retailer. Donations of alcoholic beverages are allowable provided the alcoholic beverages are donated from a licensed winery, brewery, distributor or retailer. Such donations are made directly to the entity contracting for the space and are not made to the University. The business donating the alcoholic beverages is not eligible for gift-in-kind donation recognition from the University. Home-brewed, distilled or otherwise made alcoholic beverages are not allowed. c. For all on-campus spaces managed through Conference Services, the UCCS food services provider must be contracted with to provide bartending services as detailed under the definitions section of this policy. This is regardless of CHAPTER: 100 Administration/ Organization SUBJECT: Use of Alcohol POLICY: 100-003 EFFECTIVE: February 18, 2013 PAGE: Page 9 of 9 whether or not the space is licensed or unlicensed for the sale of alcoholic beverages. 4. University funds, equipment, or other resources may not be used for the procurement of alcoholic beverages or other commodities for such events. VI. RESPONSIBILITY: All University employees, students, guests, clients, contractors and community members are required to comply with this policy. Anyone with questions concerning this policy is encouraged to contact the UCCS Controller’s Office for assistance. VII. HISTORY: Original policy issued May 4, 1995; revised April 1, 1996, revised January 18, 2005, revised January, 2013. VIII. ATTACHMENTS: University Event the UCCS Alcoholic Beverage Authorization Form Non University Private Event UCCS Alcoholic Beverage Authorization Form (Conference Services)