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Policy Title: Alcohol Beverage Permitting

Boise State University Policy #1050
Effective Date: November 2005
Revised: October 2007; March 2013; October 2017

Purpose:
To establish University policy for the regulation of possession, consumption, and sale of alcoholic beverages at University-sponsored events on campus and at properties that the University owns or controls.

Additional Authority:
Idaho State Board of Education (SBOE) Governing Policies & Procedures, Section I.J.2
Idaho SBOE Administrative Rules IDAPA 08.01.08
Idaho Code § 23-105
Idaho Code § 23-1336
Idaho Code § 23-1007
University Policy #7020 – Drug and Alcohol Free Workplace
University Policy #2020 – Student Code of Conduct

Scope:
Applies to alcohol at University-sponsored events on campus and at properties that the University owns or controls. Does not apply to alcohol in the workplace or student code of conduct policies related to alcohol. Does not apply to spaces outside of the Treasure Valley, with their own alcohol policies, that the University controls by contracting to use on a temporary basis such as a conference room at another University. Does not apply to Alcohol in residence halls. For details about alcohol consumption by persons of legal drinking age in residence halls, see the Housing and Residence Life Standards, Controlled Substances policy.

Responsible Party:
Office of the President, 426-1491
Office of the General Counsel, 426-1203

Definitions:
Alcoholic Beverage – Any beverage containing alcoholic liquor as defined in Idaho Code §23-105.

Alcohol Beverage Permit – a permit issued to allow the sale or consumption of Alcoholic Beverages on campus and at properties that it owns or controls.

Event Organizer – The individual or group who is responsible for the permitted event.

Living Quarters – The specific room or rooms of a residential facility that are assigned to students of the institution (either individually or in conjunction with another roommate, roommates, or family members or dependents) or to faculty or staff and their family members and dependents in residence as their individual living space.

Permitted Event – An event that has received an Alcohol Beverage Permit.


Policy

I. Policy Statement

Generally, alcohol is prohibited from the Boise State University campus and properties that it owns or controls. This policy provides requirements and exceptions to this prohibition. Decisions to allow possession and consumption of Alcoholic Beverages must be consistent with the proper image and the mission of the institution. Under no circumstances may any person bring their own alcohol to a University owned or controlled property unless officially permitted and legally served.

II. Permitted Events

Upon proper application, the President or his/her designee may grant a permit for possession and/or consumption of Alcoholic Beverages at events held on campus and at properties owned or controlled by the University.

A. Alcohol Beverage Permit: Alcohol Beverage Permits must set forth the time at which the sale, service, possession, and consumption of Alcoholic Beverages will be permitted. Service and sale of Alcoholic Beverages must stop in advance of the time of closure of the event to sufficiently allow an orderly and temperate consumption of the balance of the Alcoholic Beverages then in possession of the event participants; this time will be no less than thirty (30) minutes prior to the end of the event. The University reserves the right to cease the serving of Alcoholic Beverages at any time. A permit may only be issued for the sale or consumption of Alcoholic Beverages on campus and at properties owned or controlled by the University if the following conditions are met:

1. Permit Application: An application for an Alcohol Beverage Permit must be made by an Event Organizer. The application must include (i) a description of the activity being planned and (ii) a description of the area or location and period of time the event will take place. An Alcohol Beverage Permit may only be granted for a specifically designated event. With regards to the sale and consumption of Alcoholic Beverages, Event Organizers must comply with all applicable laws of the State of Idaho and the local jurisdiction.

a) 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.
b) The time period for the activity must be limited to one contiguous event (such as a dinner, conference, reception, concert, or sporting competition). An extended series of events or a continuous activity with no pre-determined conclusion is not a Permitted Event. The University reserves the right to limit the length of time for alcohol service at Permitted Events.

2. Additional Food and Activity Requirements: Consumption of Alcoholic Beverages and food cannot be the sole purpose of a Permitted Event. The serving of Alcoholic Beverages must be part of a planned food and beverage program for the Permitted Event. A meal equivalency and a comparable amount of non-alcoholic beverages must be available at the event and purchased by the Event Organizer and provided by the contracted food service provider for the event.
3. Invitation or Admission Price Requirements: 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 personal invitation. Events generally open to participation by the public without admission charges, or without written personal invitation, will 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, will be authorized to possess and consume Alcoholic Beverages at the event.
4. Designation of Alcoholic Consumption Areas: Event Organizers must designate a confined and defined area where alcoholic beverages will be possessed and consumed. The defined area must be confined to the area described in the permit application and clearly marked and separated in a fashion that entry into and exit from the area be controlled to ensure that only those authorized to enter do so and that no alcoholic beverages leave. Under no circumstances will the general public or participants in a Permitted Event be allowed to bring Alcoholic Beverages into the event or leave the defined area while in possession of an Alcoholic Beverage.
5. Event Security: The University Department of Public Safety is authorized to determine if security officers and/or law enforcement officers are required to be present at the event. Such arrangements for security and/or law enforcement officers will be initiated by Public Safety. The cost of any security will be passed on to the Event Organizer.
6. Copy of Alcohol Beverage Permit: The Permitted Event must conspicuously display the Alcohol Beverage Permit in the authorized area where alcohol is being sold and consumed.
7. Alcohol Provider: Alcoholic Beverages must be served by the contracted food service provider for the Permitted Event.
8. Prohibition on Use of Alcohol Companies for Event sponsorship promotion: Alcohol-making companies and alcohol distributors are not permitted to advertise or sponsor an Event, or advertises goods or services at a Permitted Event.
9. Under Legal Drinking Age Responsibility: The Event Organizer and contractors providing the Alcoholic Beverage will assume full responsibility to ensure that no one under the legal drinking age is supplied with or allowed to consume alcohol at the event.
10. Event Organizer Insurance: The Event Organizer 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 institution. In no case will the insurance coverage be less than $500,000 per occurrence. Such insurance must list the permitted Event Organizer, the food service contractor for the Permitted Event, the SBOE, and the State of Idaho as the insureds. Proof of insurance must be in the form of a formal endorsement to the policy evidencing the coverage and the required additional insureds.

B. Procedure for Approval

1. Event Organizer must submit an application for an Alcohol Beverage Permit at least 15 business days in advance of event.
2. For the permit to be issued, all permit applicants for the permit must agree to all the terms of this policy and the SBOE Governing Policies and Procedures § I.J.
3. Alcohol Beverage Permits must first be approved by the University’s contract administrator for its official Food Services Contract when the University’s official Food Service Contractor will be serving the alcohol for the event. Alcohol Beverage Permits must be approved by the University’s Event Services when Event Services will be providing services for the event. All Alcohol Beverage Permits must be approved by the General Counsel, the Chief Operating Officer, and the University President.
4. Acceptance of a permit constitutes an agreement on the part of the Event Organizer to adhere to the provisions of this policy.
5. For donated alcohol, the Event Organizer must also submit an application to the Director of the Idaho State Police who may grant a permit to the Event Organizer for dispensing of donated alcoholic beverages consisting only of wine and/or beer for benevolent, charitable, or public purpose. The ISP director prescribes the form of the application for such permit.

C. Student Hosted or Sponsored Events

No student events (including without limitation NCAA, intramural student athletic events, or any events sponsored by or operated in conjunction with student organizations) shall be Permitted Events. No Permitted Event is allowed in conjunction with any student centered event in a building, room, open space or other physical structure under Boise State’s administrative control.

III. Donated Alcoholic Beverages

A. Upon proper application, the Director of Idaho State Police may grant a permit to the Event Organizer for the dispensing of donated alcoholic beverages consisting only of wine and/or beer for benevolent, charitable, or public purpose.

B. Eligible Event Organizers shall include recognized University departments, affiliates, and 501(c)(3) organizations.

C. Copies of all applicable Alcohol Beverage Permits shall describe dispensing of donated alcohol per Idaho State Police requirements and University or City requirements.

D. The contracted food service provider may receive or store the wine or beer to be used at the event, and dispense such wine or beer to attendees of the benevolent, charitable or public purpose event for which the permit has been issued. Fees for service shall be assessed according to the contracted food service provider.

E. If alcohol is donated to support an organization’s activities through an event, the name of the alcoholic beverage manufacturer or distributor must not be connected to the name of the event itself. The alcoholic beverage manufacturer or distributor may be recognized and publically thanked as organization supporter along with other supporters of the organization.