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Internal Audit Office

Kansas State University
214 Anderson Hall
Manhattan, KS 66506-0118

 

785-532-7308
785-532-0186
internalaudit@ksu.edu

Alcohol Cereal Malt Beverage

Chapter 3053

Revised January 7, 2015

Table of Contents

.010 Definitions
.020 Service of Alcoholic Beverages
.030 Service of Alcoholic Beverages at Athletic Facilities
.040 Parking Lots on Football Game Days
.050 Alcohol Policy for Student Organizations
.060 Summary of Pertinent Laws
.070 Questions

Related Content

.100 Alcoholic Beverage Request
.110 Locations Listing

The following are the university's requirements pertaining to alcoholic beverages. Requirements regarding service shall be construed also to pertain to possession and consumption.

.010 Definitions

"Alcoholic liquor" includes all alcoholic beverages, except cereal malt beverages containing 3.2% or less alcohol.

“Cereal malt beverage” means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, but does not include any such liquor which is more than 3.2% alcohol by weight.  It is commonly known as 3.2% beer.

“Alcoholic beverages” includes both alcoholic liquor and cereal malt beverages.

“University property” includes real property that is owned or controlled by Kansas State University.

.020 Service of Alcoholic Beverages

The service of alcoholic beverages is not permitted on university property except in accordance with this policy.  Service of alcoholic beverages is subject to the following requirements:

1.    Alcoholic beverages may be served on university property only: (1) when approved by the President or the President’s approval designee; and (2) when served in connection with official university events, fundraising activities for university programs, or other events or locations that further the university’s mission.

2.   The President’s approval designees are:

For facilities operated by K-State Athletics, Inc. – KSA Board of Directors and Director of Athletics

For the K-State Student Union – Director of the K-State Student Union

For K-State Salina – Dean of K-State Salina

For K-State Olathe – CEO of K-State Olathe

For non-Riley County locations controlled by K-State Research and Extension – Director of KSRE

For all other K-State facilities – Events Coordinator in the Office of the President

3.   The sponsor or host organization should request approval at least 15 days in advance of any event at which alcoholic liquor is to be served.  Each approval designee shall require the sponsor or host organization to complete the designated Alcoholic Beverage Request form.  The applicable form can be found here.

4.   The sponsor or host organization must arrange for the service of alcoholic beverages by a licensed, non-university, approved third-party caterer who carries insurance of at least $1 million per occurrence/$2 million aggregate regarding service of alcohol, and Kansas State University and the Kansas Board of Regents must be designated as additional insureds for the event.  Caterers must hold an appropriate liquor license if the event is open to the public.  Caterers must also agree to indemnify and hold harmless Kansas State University and the Kansas Board of Regents for any and all liability caused by the negligence of the server or caterer.  JP’s Sports Grill may serve alcoholic liquor without a third-party caterer, but only if it maintains the minimum required insurance coverage and obtains the required licensing.  K-State Union Bowling Center may serve cereal malt beverages, but only if appropriate licensing is maintained.

5.   The licensed caterer used by the organization will be responsible for ensuring that no person under 21 years of age is allowed to consume alcoholic beverages at an event at which they are served.  Non-alcoholic beverages and food shall be available in the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages.

6.   The sponsor or host organization should be aware that a temporary permit from the Director of Alcohol Beverage Control is needed when any one of the following circumstances exists:

a. The event is open to the public;

b.  Attendees purchase alcoholic beverages; or

c.  Individuals pay to attend the event, such as a dinner or reception, and receive alcoholic beverages in return for their payment.

No permit is needed when all of the following circumstances exist:

a.  The event is by invitation only and is not open to the public; and

b.  Attendees do not purchase alcoholic beverages; and

c.  Attendees do not receive alcoholic beverages in return for a payment made to attend the event.

7.    Under state law, alcohol is permitted in state-owned residences furnished to state officers and employees, and this policy is not applicable.

8.    Non-classroom areas in the following buildings and their immediately adjacent outside grounds are the only areas approved for the service of alcoholic liquor at Kansas State University.  Those locations may be found here.

9.    Cereal malt beverages may be possessed or consumed (without going through the approval process) by those of legal age to possess and consume in private rooms and approved public areas of residence halls.

.030 Service of Alcoholic Beverages at Athletic Facilities

1.  The Board of Directors of K-State Athletics, Inc. shall determine the appropriate sale, possession, or consumption of alcoholic liquor or cereal malt beverages at athletic facilities. The Board of Directors shall meet at least yearly to review and approve the scope of alcohol and cereal malt beverage use at athletic facilities, and the Board serves as the President’s approval designee for this purpose. For specific events, the Director of Athletics shall serve as the President’s approval designee.  The current K-State Athletics Alcohol Policy can be found here.

2.  All sales of alcoholic liquor and cereal malt beverages shall be conducted by a third-party concessionaire (or its subsidiary) designated and/or approved by K-State Athletics, Inc. The concessionaire shall indemnify and hold harmless K-State Athletics, Inc., Kansas State University, the Kansas Board of Regents, and their agents and employees with respect to such sales. The concessionaire shall maintain liability insurance applicable to such sales in an amount determined by K-State Athletics, Inc.

3.  Persons attending athletic events will not be permitted to bring in beverage containers. KSU police officers and athletic ticket takers will ask persons bringing beverage containers to the gates to leave them outside or return them to their private vehicles. Any containers found inside the athletic event/stadium will be confiscated.

4.  Any disorderly person will be barred from entering an athletic event or will be evicted from the event at the discretion of Athletic Department employees or the KSU police.

.040 Parking Lots on Football Game Days

Alcoholic beverages may be possessed and consumed on football game days on university property used for football game day parking.  Sale of alcoholic or cereal malt beverages in parking lots is strictly prohibited.

All possession and consumption of alcoholic or cereal malt beverages in game day parking lots must conform to the following:

1.  All possession and consumption of alcohol and cereal malt beverages must be lawful.  Persons under the legal drinking age are strictly prohibited from possessing or consuming alcohol or cereal malt beverages on university property.

2.  Possession and consumption of alcohol and cereal malt beverages in parking lots may only take place on football game days.

3.  Consistent with the requirements of this policy, tailgating activity that includes lawful consumption of alcohol and cereal malt beverages is permitted before and during football games on parking lots from five hours before kickoff until the end of the third quarter.  Sale of alcoholic beverages in parking lots is prohibited.  Containers of a capacity in excess of one gallon are not permitted.  Consumption must take place from cups or unmarked containers – no glass.  Individuals consuming alcoholic beverages at tailgates will be responsible for their conduct and that of their guests.

4.  Non-alcoholic beverages and food must be available wherever alcohol or cereal malt beverages are consumed.

5.  Any disorderly person will be barred from entering an athletic event or remaining on Athletics-operated property at the discretion of Athletics Department employees or KSU police.  Disorderly persons will be evicted from other university property or parking lots at the discretion of KSU police.

.050 Alcohol Policy for Student Organizations

1.  All student organizations are encouraged to pursue actively non-alcoholic programming and to develop and implement alcohol awareness and responsible consumption programs for their members and guests.

2.  If any alcoholic beverages are a part of an organization's activities, the following guidelines are applicable for such an event:

If the function includes the sale of alcoholic beverages, a permit must be obtained from the appropriate state office or ABC Board.

Individuals in the organization sponsoring the event must implement precautionary measures to ensure that alcoholic beverages are not accessible or served to persons under the legal drinking age or to persons who appear intoxicated.

3.  At functions where alcoholic beverages are provided by the sponsoring organization, direct access must be limited to a person(s) designated as the server(s).

4.  Consumption of alcoholic beverages is permitted only within the approved area designated for the event.

5.  Non-alcoholic beverages must be available at the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages.

6.  A reasonable portion of the budget for the event must be designated for the purchase of food items.

7.  No function or event shall include any form of "drinking contest" in its activities or promotion, nor should the function or event encourage, in any direct or indirect manner, excessive consumption of alcoholic beverages by persons of legal age who may be in attendance.

8.  Advertisement for any student organization event where alcoholic beverages are served shall note the availability of non-alcoholic beverages as prominently as alcoholic beverages. Alcoholic beverages should not be used as an inducement to participate in a campus event or be provided as free awards to individual students or campus organizations.

9.  Promotional materials, including advertisement for any student organization event, shall not encourage any form of alcohol abuse, nor shall it place emphasis on quantity and frequency of use (e.g. the number of beer kegs available).

10.  Alcohol beverage marketing programs specifically targeted for students and/or held on campus should conform to the University Activities Board Sales and Solicitation Policy and should avoid demeaning sexual or discriminatory portrayal of individuals.

11.  Advertising and other promotional campus activities should not associate alcoholic beverage consumption as a solution to personal or academic problems of students or as necessary to social, sexual or academic success.

12.  University-affiliated, state-owned property may not be used for commercial advertising except in conjunction with or when sponsored by a University Activities Board registered organization or university department, and providing that the organization or department is clearly identified as the sponsor. The university does not lend its name to the advertisement and endorsement of commercial enterprises and products.

.060 Summary of Pertinent Laws

Kansas Law prohibits the following acts and makes violations of such acts punishable as misdemeanors. Depending upon the particular violation, punishments include substantial fines, performance of public service, jail sentences, and suspension, restriction, or revocation of drivers' licenses.

Among other matters it is unlawful:

  • for persons under 21 years of age to obtain or purchase, or attempt to obtain or purchase, alcoholic liquor (6% beer, wine, hard liquor) or to possess or consume alcoholic liquor.
  • to furnish alcoholic liquor or cereal malt beverages to any person under the legal age for consumption of such beverages.
  • to provide alcoholic liquor to any person who is physically or mentally incapacitated by the consumption of such liquor.
  • for anyone to allow unlawful consumption of alcoholic liquor or cereal malt beverages on their property over which they have control.
  • to sell or offer for sale whole or mixed drinks of alcoholic liquor or cereal malt beverages without a state issued license.
  • to transport within access of the driver or passengers any alcoholic liquor or 3.2% beer to which the original cap, seal, package, or container has been removed (open container law). Exception--certain buses and recreational vehicles when not in the driver's compartment.
  • to operate any vehicle within the State of Kansas under the influence of alcohol or drugs. A driver who has more than .08% alcohol (for persons under 21 years of age to operate a vehicle with more than .02% alcohol) in his or her blood is presumed to be under the influence. Less than .08% may be considered with other evidence to determine DUI. If an individual is found to be under the influence while operating a motor vehicle and a motor vehicle accident resulted in personal injury or death, that individual will not be eligible for a diversion agreement (i.e. community service, driver's school, etc. in place of incarceration in jail).
  • to refuse to submit to tests for the presence of alcohol or drugs when lawfully requested to do so by a law enforcement officer. Such refusal will result in a loss of driver's license for one year.
  • to display or possess a canceled, fictitious, fraudulently altered or fraudulently obtained identification card.
  • to lend or permit the use of one's driver's license or identification card by another person.
  • to, in any way, create a reproduction of a driver's license.

The City of Manhattan has adopted as city ordinances similar laws relating to the control of alcoholic liquor and cereal malt beverages. Further, under city ordinance among other matters it is unlawful:

  • for persons under 18 years of age to remain in any tavern after the hour of 8:00 p.m. unless employed by the establishment or accompanied by a parent or guardian.
  • to willfully disturb the peace and quiet of any person, family or neighborhood or to engage in disorderly conduct.
  • to fail to depart from an unlawful assembly after being directed to do so by a law enforcement officer. An unlawful assembly is a meeting or coming together of five or more persons engaging in conduct which constitutes disorderly conduct, a riot, disturbing quietude or disturbing the peace.

.070 Questions

Questions relating to the information in this chapter should be directed to the University’s Office of General Counsel, (785) 532-5730.