I. Introduction

The laws of North Carolina closely regulate all activities related to Alcoholic Beverages, from manufacture to consumption. As a general rule, consumption, transportation, manufacture, service, Sale, or transfer of Alcoholic Beverages is prohibited except as expressly permitted by statute. Violations of the alcoholic beverage laws are punishable by criminal and civil penalties. Of particular importance in the University community are those statutory requirements on who may legally possess, consume or provide others with Alcoholic Beverages. All state-law requirements related to Alcoholic Beverages are in effect on the University campus. All students, staff, faculty, and guests are expected to comply.

In addition to statutory requirements concerning alcohol use, courts throughout the country are increasingly likely to impose civil liability on those whose irresponsible service or consumption of Alcoholic Beverages results in property damage, personal injury, or death for innocent parties. All students, staff, faculty, and guests are viewed by the University as individually responsible and legally accountable for their actions relating to the use of alcohol.

Finally, the University community presents a special context in which an environment compatible with academic endeavors must be preserved. To preserve that academic environment without unnecessarily restricting exercise of legal privileges, the University of North Carolina at Charlotte has established this policy concerning the use of Alcoholic Beverages on the University campus.

II. Definitions

As used in this policy, certain terms are defined as follows:

Alcoholic Beverage: Any beverage containing at least one half of one percent of alcohol by volume.

Beer: Malt beverages, including Beer, liquor, malt liquor, ale, porter, and any other brewed or fermented beverage containing at least one half of one percent, and not more than six (6) percent alcohol by volume.

Unfortified Wine: Wine that has an alcoholic content produced only by natural fermentation or by the addition of pure cane, beet, or dextrose sugar, and that has an alcoholic content of not less than six (6) percent and not more than seventeen (17) percent alcohol by volume.

Spirituous Liquor: Distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and all other distilled spirits and mixtures of cordials, liqueur, and premixed cocktails, in closed containers for beverage use regardless of their dilution.

Fortified Wine: Any wine made by fermentation from grapes, fruits, berries, rice or honey, to which nothing has been added other than pure brandy made from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine, and which has an alcoholic content of not more than 24% alcohol by volume.

Mixed Beverage: A drink composed in whole or in part of Spirituous Liquor and served in a quantity less than the quantity contained in a closed package.

Common Source Container: Kegs, coolers, and similar containers of Alcoholic Beverages intended to serve as a source of such beverages at a party or other gathering.

Sale of Alcoholic Beverages is broadly interpreted by law enforcement authorities to include such practices as charging admission to events where alcohol is served, requiring the purchase of tickets, or requiring donations or other exchanges in order to receive Alcoholic Beverages. Such exchanges are viewed as indirect payment for Alcoholic Beverages and are, therefore, illegal.

III. Applicable Laws

This UNC Charlotte policy is consistent with North Carolina laws governing the use and possession of Alcoholic Beverages on the University campus. The specific laws cited below are pertinent to this policy, but this list is not exhaustive. All North Carolina laws, whether or not cited in this policy, are applicable.

A. Generally, persons who are twenty-one years old or older may purchase Alcoholic Beverages and may possess and consume Alcoholic Beverages at their homes or temporary residences, including campus residence hall rooms where they reside. (N.C.G.S. 18B-300 and 18B-301)

B. It is unlawful for any person under the age of twenty-one to purchase, possess, or consume Alcoholic Beverages. (N.C.G.S. 18B-302)

C. It is unlawful for any person to sell or give Alcoholic Beverages to anyone less than twenty-one years old or to aid or abet a person under the age of twenty-one to purchase, to attempt to purchase, or to possess, any Alcoholic Beverage. (N.C.G.S. 18B-302)

D. State law prohibits the Sale of any Alcoholic Beverage on the University campus by any person, organization, or corporation on the campus of the University. (N.C.G.S. 18B-301(f))

E. It is unlawful for any person to display Fortified Wine, Spirituous Liquor, or Mixed Beverages at any athletic contest. (N.C.G.S. 18B-301(f))

F. It is unlawful for any person to consume or offer to another person Fortified Wine, Spirituous Liquor, or Mixed Beverages on any public road, street, highway, or sidewalk. (N.C.G.S. 18B-301(f))

G. Without a permit, a person may purchase at one time (1) not more than 80 liters of Beer, other than draft Beer in kegs; (2) any amount of draft Beer in kegs; (3) not more than 20 liters of Unfortified Wine; and (4) not more than eight liters of either Fortified Wine or Spirituous Liquor, or eight liters of the two combined (N.C.G.S 18B-30)). It is unlawful to transport a greater amount of Alcoholic Beverages than a person is allowed to purchase under N.C.G.S. 18B-303(a) without a purchase-transportation permit (N.C.G.S. 18B-400).

H. It is unlawful for a person to transport Fortified Wine or Spirituous Liquor in the passenger area of a motor vehicle in other than the manufacturer's unopened original container. It is unlawful for a person who is driving a motor vehicle on a highway or public vehicular area to consume any Alcoholic Beverage in the passenger area of that vehicle. (N.C.G.S. 18B-401)

IV. Coverage and Jurisdiction

This policy applies to students currently enrolled at UNC Charlotte and to currently employed faculty and staff on the University campus. When the University contracts for off-campus space to conduct a University-sponsored event, different requirements may be established. Violations of this policy may result in disciplinary action by the University.

V. Permitted Alcoholic Beverages; Restrictions

A. Beer and Unfortified Wine are the only Alcoholic Beverages permitted on the University campus, except as provided in paragraph V.B and V.C.

B. Students at least 21 years of age and their guests at least 21 years of age may consume Alcoholic Beverages, including Spirituous Liquor, Fortified Wine, or Mixed Beverages within their own private campus residence rooms, but not elsewhere. Such students are permitted to transport only unopened containers of Spirituous Liquor, Fortified Wine, or Mixed Beverages to their private campus residence rooms, but those beverages are otherwise prohibited on the campus.

C. Possession and consumption of Spirituous Liquor, Fortified Wine, or Mixed Beverages are permitted on University property other than private campus residence rooms only on such occasions and in such places as the Chancellor or his/her representative shall designate in writing. Groups wishing to serve Spirituous Liquor, Fortified Wine, or Mixed Beverages on the University campus at a service event (see Section VII.D below) must complete a "Special Circumstances Approval Form" (see Appendix II) and submit it to the University Reservations Office. The Reservations Office will submit it to the Vice Chancellor for Business Affairs for approval. Such groups must first obtain an ABC Limited Special Occasion Permit through the local ALE office (342-6322) before University approval may be granted. Both the ABC permit and the "Special Circumstances Approval Form" (see Appendix II) shall be submitted to the University Reservations Office with the completed "Acknowledgment of Responsibility" form (see Appendix I).

VI. Limitation on Common Source Containers

Common Source Containers are prohibited within any campus residence building and in all campus outdoor areas except Cone Center Plaza. Common Source Containers are prohibited at events sponsored by student organizations.

VII. Group Events on the University Campus

A. Procedures and General requirements

Alcoholic Beverages are prohibited at group events on the University campus unless

1. a space reservation application is approved in advance by the University Reservations Office or the Housing and Residence Life Office, and

2. individuals responsible for the event complete the appropriate "Acknowledgment of Responsibility" form (see Appendix I) and comply with all requirements listed on that form.

The sponsoring group must submit the appropriate properly completed "Acknowledgment of Responsibility" form (see Appendix I) to the University Reservations Office (or to the Housing and Residence Life Office if the event is to be held in the residence areas). The form must be submitted between 8:00 a.m. and 5:00 p.m. on Monday through Friday, and must be received in the office not later than 72 hours in advance of the event. The reservation of University space must meet all requirements of UNC Charlotte Policy Statement #2l.

The only events at which Alcoholic Beverages may be consumed on the University campus are the "BYO" event and the "Service" event.

B. Additional procedures and requirements for students and student organizations

l. Student organizations are prohibited from providing Alcoholic Beverages at group events. Common Source Containers are prohibited at group events sponsored by student organizations. Student groups are limited to BYO events.

2. Prior to reserving space for a BYO event, a student group is required to have at least one of its current executive officers complete an Alcohol Education Workshop, which will be presented by the University twice at the beginning of each Fall Semester. Faculty/staff advisors to student groups are encouraged to attend these sessions.

C. BYO events; requirements

A BYO event is one at which an invitee may carry in Beer or Unfortified Wine for personal consumption; no other alcoholic beverage is available at the event. Each of the following requirements must be observed at a BYO event:

l. Marshals will be present during entire event and will not consume Alcoholic Beverages in connection with the event. The minimum number of marshals who must be present for any event is two, and at least one marshal must be present for each 25 attendees.

2. Marshals will check identification cards at the entrance to the event. Only those persons who are aged 21 or over will be permitted to carry in or to consume Beer or Unfortified Wine. Such persons will be provided a hand stamp, I.D. bracelet, or tag to assist in monitoring consumption.

3. Marshals will assure that no person is admitted with an amount of Beer or Unfortified Wine exceeding that which could reasonably be consumed by one person.

4. Marshals will assure that persons who are noticeably intoxicated will not be admitted to the event. If a person becomes noticeably intoxicated at the event, he/she may be asked to leave the event or facility.

5. Marshals will assure that each person consumes only his or her own Alcoholic Beverages; sharing of Alcoholic Beverages is prohibited.

6. Marshals will assure that no Alcoholic Beverages except Beer or Unfortified Wine are permitted at the event.

7. No Sale of Alcoholic Beverages will occur at the event.

8. Marshals will permit attendees to carry in non-alcoholic beverages and food in any amount, consistent with UNC Charlotte Policy Statement #7l.

9. Persons not specifically invited will not be permitted to attend.

10. Attendance will not be permitted to exceed the safety capacity of the facility.

11. Marshals will assure that all advertising related to the event shall make no reference of any kind to Alcoholic Beverages or their use at the event or state or imply that excessive drinking is encouraged. The simple reference "BYO" or "BYOB" is permitted in advertising.

12. Marshals will notify Campus Security in the event of a disturbance.

13. A properly signed copy of the Acknowledgment of Responsibility (see Appendix I) will be in the possession of a marshal present at the event at all times.

D. Service events; requirements

A service event is one at which Alcoholic Beverages are provided to invitees by an individual or group. Each of the following requirements must be observed at a service event:

l. No alcoholic beverage other than Beer of Unfortified Wine will be served or permitted at the event except by special permission and approval from the Chancellor, as provided in Section V.C above.

2. State law regarding purchase and transportation of Alcoholic Beverages to be served will be observed.

3. No person under the age of 21 years will be served or allowed to possess or consume Alcoholic Beverages at the event. Proof of age may be required for any person requesting an Alcoholic Beverage.

4. Persons who are noticeably intoxicated will not be admitted to the event. If a person becomes noticeably intoxicated at the event, he/she will not be served any Alcoholic Beverage and may be asked to leave the event or facility.

5. No Sale of any Alcoholic Beverage will be permitted.

6. Attendance at the event is limited to those specifically invited and their guests accompanying them.

7. All advertising of the event is prohibited.

8. The maximum amounts of Beer or Unfortified Wine permitted at the event are:

a. 1 keg or 7 cases (12 oz.) of Beer per 50 persons estimated attendance, or

b. 3 liters of Unfortified Wine per 10 persons estimated attendance, or

c. a proportionate combination of Beer and Unfortified Wine.

9. Attendance will not be permitted to exceed the safety capacity of the facility.

10. Non-alcoholic beverages will be available at the same place as Alcoholic Beverages and featured as prominently as the Alcoholic Beverages.

11. Food items will be provided, proportionate to attendance.

12. Persons attending will not be permitted to carry in Alcoholic Beverages.

13. The period during which Alcoholic Beverages are served will not exceed two hours.

VIII. Locations for Events Involving Alcoholic Beverages

Events at which Alcoholic Beverages will be consumed may be approved by the University Reservations Office for the following areas only: Cone University Center rooms; Cone Center Plaza; Student Activity Center; the cafeterias; and the Rathskeller. Such events to be held in the residence areas may be submitted to the Director of Housing and Residence Life. The Chancellor, or the appropriate Vice Chancellor, may approve other locations for special events sponsored by non-student groups. (See "Special Circumstances Approval Form," Appendix II.)

IX. Alcoholic Beverages Prohibited in Academic Area

Neither the possession nor the consumption of any alcoholic beverage is permitted in any area on campus within and adjacent to instructional facilities, whether or not in connection with a group event. Exceptions to this rule require the advance written approval of the Chancellor.

Appendix I

Click Here for Printable Form

UNC Charlotte Acknowledgment of Responsibility for Service of Alcoholic Beverages

This form must be completed and approved at least 72 hours in advance of the event. Approval must be obtained between 8:00 am and 5:00 p.m., Monday through Friday. You must read the full UNC Charlotte Policy on Alcoholic Beverages (Policy Statement #57), available upon request in the University Reservations Office or online at http://www.legal.uncc.edu/policies/ps-57.html.

Date of Application:_________________

Sponsoring UNC Charlotte Group/Organization/Department:___________________________________

Type of Event:___________________________________________________________________

Date of Event:___________________ Time of Event: _____am/pm to_____am/pm

Location of Event:____________________________________________

Estimated Attendance:__________

The following Alcoholic Beverages only will be served at the event (initial each that will be served):

Beer:___ Unfortified Wine:___ Spirituous Liquor:___ Fortified Wine:___ Mixed Beverages:___

[NOTE: Service of Spirituous Liquor, Fortified Wine, or Mixed Beverages is allowed only upon special written permission of the Chancellor, and an ABC permit is required. See Section V.C and Appendix II "Special Circumstances Approval Form" of the Alcoholic Beverages Policy.]

Event is BYO: _____

Period of Service of Alcoholic Beverages (limit 2 hours):_____am/pm to _____am/pm

Organization or Individual Donating Alcoholic Beverages to be Served:_________________________

________________________________________________________________________________

I. In connection with the event, the undersigned agree(s) to be present throughout the event in order to assure compliance with each of the following requirements:

A. Only the Alcoholic Beverages indicated above will be served or permitted at the event.

B. State law regarding purchase and transportation of Alcoholic Beverages to be served will be observed. State law prohibits possession of more than 80 liters of Beer or more than 20 liters of Unfortified Wine without an ABC permit, except that possession of an unlimited amount of Beer in kegs is permitted without an ABC permit. (For information about obtaining a Limited Special Occasion Permit, call the local Alcohol Law Enforcement (ALE) office at 342-6322, visit the NC Alcoholic Beverage Control Commission website at http://www.ncabc.com/, or call the NCABCC in Raleigh at (919)-779-0700.)

C. No person under the age of 21 years will be served Alcoholic Beverages at the event. Undersigned understand(s) that it is a violation of State law to give, sell, or furnish Alcoholic Beverages to any person not at least 21 years of age, or to aid or abet such person in possession or consumption of Alcoholic Beverages. Proof of age may be required for any person requesting an Alcoholic Beverage.

D. No noticeably intoxicated person will be allowed to attend the event or will be served an Alcoholic Beverage. Noticeably intoxicated persons may be asked to leave the event/facility.

E. No Sale of any Alcoholic Beverage will be permitted. Undersigned recognize(s) that State law prohibits "camouflaged sale," such as requiring purchase of admission tickets or making a donation, in order to receive Alcoholic Beverages. The undersigned will maintain financial records to demonstrate that Alcoholic Beverages served at the event were not purchased with proceeds from either ticket sales, attendance donations, or any other "camouflaged sale."

F. No persons except those specifically invited and their guests accompanying them will be permitted to attend the event.

G. All advertising of the Service Events is prohibited. Attendance at Service Events is by invitation only. Advertising related to "BYO" or "BYOB" events shall make no reference of any kind to Alcoholic Beverages or their use at the event or state or imply that excessive drinking is encouraged. The simple reference "BYO" or "BYOB" is permitted in advertising.

H. The maximum amounts of Beer and Unfortified Wine permitted at the event are:

·         1 keg or 7 cases (12 oz.) of Beer per 50 persons estimated attendance, or

·         3 liters of Unfortified Wine per 10 persons estimate attendance, or

·         a proportionate combination of Beer and Unfortified Wine

I. Attendance will not exceed the safety capacity of the facility.

J. Non-alcoholic beverages will be available at the same place as Alcoholic Beverages and featured as prominently as the Alcoholic Beverages.

K. Food items will be provided, proportionate to attendance.

L. Persons attending will not be permitted to carry in Alcoholic Beverages, except at an approved BYO event.

M. the period during which Alcoholic Beverages are served will not exceed 2 hours.

II. THE UNDERSIGNED HAVE (HAS) READ THE UNC CHARLOTTE POLICY ON USE AND CONSUMPTION OF ALCOHOLIC BEVERAGES (POLICY STATEMENT #57). THE UNDERSIGNED HAVE (HAS) READ, UNDERSTAND(S), AND AGREE(S) TO COMPLY WITH THE REQUIREMENTS SET FORTH IN SECTION I ABOVE, AND UNDERSTAND(S) THE POTENTIAL CONSEQUENCES FOR FAILURE TO COMPLY AS SET FORTH IN SECTION II. THE UNDERSIGNED SPECIFICALLY UNDERSTAND(S) THAT FAILURE TO COMPLY WITH THE LAW AND UNIVERSITY POLICY IN CONNECTION WITH THE SERVICE OF ALCHOLOHIC BEVERAGES AT THIS EVENT MAY RESULT IN ANY OR ALL OF THE FOLLOWING:

A. SUSPENSION OF GROUP AND/OR INDIVIDUAL UNC CHARLOTTE FACILITY USE PRIVILEGES.

B. UNIVERSITY DISCIPLINARY ACTION AGAINST THE ORGANIZATION OR INDIVIDUAL.

C. PERSONAL CIVIL LIABILITY FOR INJURIES RESULTING FROM THE SERVICE OF ALCOHOLIC BEVERAGES AT THE EVENT.

D. CRIMINAL LIABILITY FOR VIOLATION OF STATE ALCOHOLIC BEVERAGE LAWS.

Signed:_____________________________________ Date:________________

Signed:_____________________________________ Date:________________

Signed:_____________________________________ Date:________________

Signed:_____________________________________ Date:________________

Appendix II

Click Here for Printable Form

UNC Charlotte Special Circumstances Approval Form

Individual or Group _____________________________________________________________

Telephone Number of Requestor __________________________

Date of Event __________________

The following exceptions to the UNC Charlotte Alcoholic Beverages Policy (Policy Statement #57) are requested:

Service Request

____ Service, possession, or consumption of Spirituous Liquor, Fortified Wine, or Mixed Beverages at an event in one of the following locations:

____ Cone University Center rooms

____ Cone Center Plaza

____ Student Activity Center

____ the Cafeterias

____ the Rathskeller

____ Other (Complete Alternative Event Location Request below)

*A Limited Special Occasion Permit must be obtained from the North Carolina ABC Board and attached to this form prior to University approval of the above-requested exception to the provisions of the Alcoholic Beverages Policy. For information about obtaining a Limited Special Occasion Permit, call the local Alcohol Law Enforcement (ALE) office at 342-6322, visit the NC Alcoholic Beverage Control Commission website at http://www.ncabc.com/, or call the NCABCC in Raleigh at (919)-779-0700.

_____ ABC permit attached

Alternative Event Location Request

____ Service, possession, or consumption of Alcoholic Beverages at an event on University property other than the Cone University Center rooms, Cone Center Plaza, Student Activity Center, the cafeterias, or the Rathskeller:

Alternative Event Location Requested ___________________________________________

____ Other Exception Requested:

Specify: _________________________________________________________

Signature of Requestor _______________________________ Date of Request ________________

THE REQUESTOR SHOULD RETURN THIS FORM TO THE UNIVERSITY RESERVATIONS OFFICE, ALONG WITH A COMPLETED "ACKNOWLEDGMENT OF RESPONSIBILITY" FORM AND AN ABC PERMIT, IF APPLICABLE. THE RESERVATIONS OFFICE WILL SUBMIT THIS FORM TO THE VICE CHANCELLOR FOR BUSINESS AFFAIRS FOR APPROVAL.

THE ABOVE-REQUESTED EXCEPTIONS TO THE PROVISIONS OF THE ALCOHOLIC BEVERAGES POLICY SHALL NOT BE ASSUMED TO BE APPROVED BY THE VICE CHANCELLOR FOR BUSINESS AFFAIRS UNTIL A SIGNED COPY HAS BEEN RETURNED TO THE REQUESTOR.

Approved:

Signature of Vice Chancellor________________________________

Date _________________