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Part 4. Personnel Policies
Section VII. Miscellaneous
C. Alcohol Possession (Updated 8/04)
1. Possession, Consumption, and Sale of Alcohol Beverages at University Facilities
a. Board Administrative Rules IDAPA 08.01.08 provides requirements relative to alcoholic beverages on campus grounds. Said rules generally prohibit the possession or consumption of alcoholic beverages in areas open to and most commonly used by the general public on campus grounds. The rules authorize the Board to establish policies under which exceptions to the prohibition may be granted. The President of the University, or his or her designee, may grant a permit for possession or consumption of alcoholic beverages only as permitted by and in compliance with, this policy. The grant of any such permit shall be determined by the President or the President's designee only in compliance with this Policy and in accordance with the provisions set forth herein, and not as a matter of right to any other person or party. In doing so, the President must ensure that the decisions to allow possession and consumption of alcoholic beverages are consistent with the proper image and the mission of the University.
b. The University shall maintain a policy providing for a University Alcohol Beverage Permit process. For purposes of this policy, the term "alcoholic beverage" shall include any beverage containing alcoholic liquor as defined in Idaho Code Section 23-105. Waiver of the prohibition against possession or consumption of alcoholic beverages shall be evidenced by issuance of a written Alcohol Beverage Permit issued by the President of the University (or the President's designee), which may be issued only in response to a completed written application therefore. The Board staff has prepared and made available to the University the form for an Alcohol Beverage Permit and the form for an Application for Alcohol Beverage Permit, which are consistent with this Policy. Immediately upon issuance of an Alcohol Beverage Permit, a complete copy of the application and the permit shall be delivered to the Office of the State Board of Education, and Board staff shall disclose the issuance of the permit to the Board no later than the next Board meeting. An Alcohol Beverage Permit may only be issued to allow the sale or consumption of alcoholic beverages on public use areas of the campus grounds provided that all of the following minimum conditions shall be met. The University may develop and apply additional, more restrictive, requirements for the issuance of an Alcohol Beverage Permit.
(1) An Alcohol Beverage Permit may be granted only for a specifically designated event (hereinafter "Permitted Event"). Each Permitted Event shall be defined by the activity planned, the area or location in which the activity will take place and the period of time during which the activity will take place. The activity planned for the Permitted Event must be consistent with the proper image and mission of the University. The area or location in which the activity will take place must be defined with particularity, and must encompass a restricted space or area suitable for properly controlling the possession and consumption of alcoholic beverages. The time period for the activity must be a single contiguous time period for a separate defined occurrence (such as a dinner, a conference, a reception, a concert, a sporting competition and the like). An extended series of events or a continuous activity with no pre-determined conclusion shall not be a Permitted Event. The area or location of the Permitted Event, the restricted space or area therein for possession and consumption of alcoholic beverages and the applicable time periods for the Permitted Event must each be set forth in the Alcohol Beverage Permit and in the application therefore.
(2) The serving of alcoholic beverages must be part of a planned food and beverage program for the Permitted Event, rather than a program serving alcoholic beverages only. Food must be available at the Permitted Event. Consumption of alcoholic beverages and food cannot be the sole purpose of a Permitted Event.
(3) Non-alcoholic beverages must be as readily available as alcoholic beverages at the Permitted Event.
(4) A Permitted Event must be one requiring paid admission through purchase of a ticket or through payment of a registration fee, or one where admission is by written, personal invitation. Events generally open to participation by the public without admission charges or without written personal invitation shall not be eligible for an alcoholic beverage permit. Only persons who have purchased a ticket or paid a registration fee for attendance at a Permitted Event or persons who have received a written invitation to a Permitted Event will be authorized to possess and consume alcoholic beverages at the Permitted Event.
(5) Permitted Events, which are generally open to the public through purchase of a ticket (such as sporting events, concerts or other entertainment events), must set out a confined and defined area where alcoholic beverages may be possessed and consumed. For such events, the defined area where alcoholic beverages may be possessed and consumed shall be clearly marked as such, and shall be separated in a fashion that entry into the area and exit from the area can be controlled to ensure that only those authorized to enter the area do so and that no alcoholic beverages leave the area. Only those individuals lawfully attending the Permitted Event who are of lawful age to consume alcoholic beverages may be allowed into the defined area. For such events there shall be sufficient space outside of the area where alcoholic beverages may be possessed and consumed to accommodate the participating public who do not wish to be present where alcoholic beverages are being consumed.
(6) No student athletic events, (including without limitation NCAA, NIT, NAIA and intramural student athletic events) occurring in University owned, leased or operated facilities, or anywhere on campus grounds, shall be Permitted Events, nor shall a Permitted Event be allowed in conjunction with any such student athletic event.
(7) An Alcohol Beverage Permit for a Permitted Event to which
attendance is limited to individuals who have received a personal written invitation,
or to those who have registered to participate in a particular conference (for
example, a reception, a dinner, an
exclusive conference) may allow alcoholic beverages to be possessed and consumed throughout the area of the event, provided that the area of the event is fully enclosed, and provided further that the area of the event must be such that entry into the area and exit from the area can be controlled to ensure that only those authorized to enter the area do so and that no alcoholic beverages leave the area. Additionally, the area of the Permitted Event must not be open to access by the general public, or to access by persons other than those properly participating in the Permitted Event.
(8) Application for an Alcohol Beverage Permit must be made by the organizers of the event. Such organizers must comply with all applicable laws of the State of Idaho and the local jurisdiction with respect to all aspects of the event, including the possession sale and consumption of alcoholic beverages. Applications may be obtained in the President's office.
(9) The Alcohol Beverage Permit, any required local catering permit, and applicable state or local alcoholic beverages permits shall be posted in a conspicuous place at the defined area where alcoholic beverages are authorized to be possessed and consumed.
(10) The sale, service and consumption of alcoholic beverages at a Permitted Event shall be confined to the specific event, area or activity identified on the Beverage Permit application. Any alcoholic beverages allowed at a Permitted Event shall be supplied through authorized contractors of the organizers (such as caterers hired by the organizers). In no event shall the University supply or sell alcoholic beverages directly. In no event shall the general public, or any participants in a Permitted Event be allowed to bring alcoholic beverages into a Permitted Event, or leave the defined area where possession and consumption is allowed while in possession of an alcoholic beverage.
(11) The person/group issued the Beverage Permit and the contractors supplying the alcoholic beverages shall assume full responsibility to ensure that no one under the legal drinking age is supplied with any alcoholic beverage or allowed to consume any alcoholic beverage at the Permitted Event. Further, the person/group must provide proof of insurance coverage, including host liquor liability and liquor legal liability, in amounts and coverage limits sufficient to meet the needs of the University, but in no case less than $500,000 minimum coverage per occurrence. Such insurance must list the permitted person/group, the contractor, the University, the State Board of Education and the State of Idaho as additional insureds, and the proof of insurance must be in the form a formal endorsement to the policy evidencing the coverage and the required additional insureds.
(12) The Alcohol Beverage Permit shall set forth the time
at which sale, service, possession and consumption of alcoholic beverages will
be permitted, which times shall be strictly enforced. Service and sale of alcoholic
beverages shall stop at a time in advance of the time of closure of the event
sufficient to allow an orderly and temperate
consumption of the balance of the alcoholic beverages then in possession of the participants of the event prior to closure of the event.
(13) These guidelines shall apply to both University and non-University groups using University facilities.
c. Within residential facilities owned, leased or operated by the University, the President or President's designee may allow the possession or consumption of alcoholic beverages by persons of legal drinking age within the living quarters of persons of legal drinking age. Consumption of alcohol shall not be permitted in the general use areas of any such residence facility. Possession of alcohol within the general use areas of a residential facility may only be done in a facility where consumption has been authorized by the President or President's designee, and such possession shall be only as is incidental to, and reasonably necessary for, transporting the alcohol by the person of legal drinking age to living quarters where consumption is allowed. The term "living quarters" as used herein shall mean, and be limited to, the specific room or rooms of a residential facility which are assigned to students of the University (either individually or in conjunction with another room mate or room mates) as their individual living space.