Alcohol Service on Campus

  1. Applicability

    This policy applies to all UCB departments, divisions, schools, colleges, units, faculty, staff, students, and any external entity and/or individual serving Alcohol on University Property or at an Event off University Property if any part of the cost of the Event is paid using University funds.

    The Procurement Service Center Procedural Statement on Alcoholic Beverages for University Events must be followed when University funds are being used to purchase Alcohol.

    The Best Practices attached as Appendix C are recommended but not mandatory.
  2. Definitions
    1. “Alcohol” means any Alcoholic beverage, including beer, wine, liquor, and hard cider.
    2. “Campus Alcohol Agent” means the individual on the UCB campus who has been designated to approve applications for Events where Alcohol will be served.
    3. “Campus Special Event Permit” means a Special Event Permit where the applicant/the permit holder is the University of Colorado Boulder.
    4. “Event” means a conference, fundraising event, meal, meeting or any other gathering (formal or informal) on University Property. If the Event occurs off University Property (including private residences) and any part of the cost of the Event is paid using University funds it is an Event as defined herein.
      1. Event does not include
        1. A gathering of ten or fewer people in a staff or faculty member’s office. “Office” as used in this section does not include laboratory space or a departmental library or conference space.
        2. Normal business operations at the Connection in the University Memorial Center.
        3. Normal business operations by Centerplate on the Club level or Flatirons Club in Folsom Field or in the portions of the Coors Event Center licensed to serve Alcohol.
        4. Any gathering taking place off campus on a Licensed Premise.
    5. “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-CU entity that is eligible to apply for a Special Event Permit as set forth below in section V.c.ii.
    6. “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 at UCB currently are:
      1. The Club Level, Suites and Flatirons Club in Folsom Field.
      2. The Mary Rippon Theatre and portions of the University Theatre and Hellems Hall (3.2 beverages only).
      3. The University Memorial Center (3.2 beverages only).
      4. Portions of the Coors Events Center.
    7. “Private Event” means an Event where Alcohol is served that is not open to the general public. In order to be a Private Event, the Event must satisfy all of the following:
      1. It must be by invitation only. Invitations to the Event must have been sent to specific individuals. This does not include an Event where attendees register in response to an announcement of the Event.
      2. A previously printed list of invited guests must be used to identify attendees at the entrance to assure that only invited participants enter.
      3. The Event cannot have been advertised as being open to the public.
      4. The Alcohol is free or the Event is a University sponsored Event and the admission charge or other charge for participation is the same regardless of whether the person attending consumes Alcohol or not.
    8. “Sale of Alcohol” means that Alcohol is served or delivered for value.
      1. In particular, Alcohol is considered sold at any Event where Alcohol is served and:
        1. There is a cash bar, or
        2. Alcohol is exchanged for tickets that have been purchased or for other evidence of payment, or
        3. Payment of an admission charge, registration fee or other fee or charge allows an individual to attend the Event and be served Alcohol, or
        4. A collection is taken at the Event to cover the costs of the Alcohol.
    9. “Special Event Permit” means a permit issued by the Colorado Department of Revenue, Liquor Enforcement Division that authorizes the sale and service of Alcohol at a specific location for a specific date and time.
    10. “UCB” means the University of Colorado Boulder.
    11. “University Property” means any property owned, leased, licensed or otherwise under the control of the University of Colorado.
  3. Permissible Service of Alcohol – 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; Administrative Policy Statements, and UCB campus policies. Alcohol may be served only at the following Events:
    1. An Event taking place on a Licensed Premise.
      1. Service of Alcohol at the Event must be in accordance with the liquor license for the Licensed Premise for the location of the Event unless the Licensed Premise has been temporarily modified.
      2. Licensed premises on campus include
        1. The Club Level, Suites, and Flatirons Club in Folsom Field and parts of the Coors Events Center are licensed to serve beer, wine, and hard liquor. These licenses are held by Centerplate.
        2. The Mary Rippon Theatre, portions of the University Theatre, and portions of Hellems Hall are licensed to serve 3.2 beer and other beverages (no wine or hard liquor). That license is held by the Colorado Shakespeare Festival.
        3. The University Memorial Center is licensed to licensed to serve 3.2 beer and other beverages (no wine or hard liquor). That license is held by the University Memorial Center.
    2. An Event taking place at a location covered by a Special Event Permit.
      1. Service of Alcohol at the Event must be in accordance with the Special Event Permit for the location of the Event.
    3. An Event that is a Private Event (see definition above at II.g) where:
      1. the Alcohol is provided free of charge, or
      2. the Event is a University sponsored Event and the admission charge or other charge for participation is the same regardless of whether the person attending consumes Alcohol or not.
  4. Scheduling an Event where Alcohol will be Served.
    1. Any Event where Alcohol is being served must be scheduled by a CU Event Coordinator as provided in this policy using the Event with Alcohol Authorization Form
      1. This includes Events scheduled in Special Use Facilities as defined in the CU Use of University Facilities Policy.
    2. If the Event will have a Special Event Permit, the requirements of section V below shall be satisfied.
    3. The Event shall receive all appropriate approvals before it may take place.
  5. Special Event Permits
    1. A Special Events Permit is issued by the Colorado Division of Liquor Enforcement and creates a temporary Licensed Premise where Alcohol may be served and sold to the public.
    2. All applications for a Special Event Permit must be reviewed by the UCB Office of University Counsel and then approved by the Chancellor or designee
    3. Who is eligible to apply for a Special Event Permit.
      1. UCB.
        1. Colorado law permits campuses of public institutions of higher education to apply for a Special Event Permit. A Special Event Permit applied for by UCB is a Campus Special Event Permit. Schools, Colleges, Departments, and Divisions of the University are not eligible to apply for Special Event Permits on their own.
      2. A non-profit organization that has been granted 501(c)(3) tax exempt status by the United States Internal Revenue Service , including:
        1. a social, fraternal, political, athletic, and patriotic organization;
        2. a chartered local branch or chapter of a national association or society;
        3. a religious or philanthropic institution.
      3. a political candidate.
    4. Applying for a Special Event Permit (See Appendix A).
      1. Applicants:
        1. If the Event Coordinator seeks a Campus Special Event Permit (the permit is issued to the University of Colorado Boulder), the request must be approved in accordance with the Campus Special Event Permit approval process attached as Appendix A.
        2. If the Event Coordinator is an outside non-profit entity, the Event Coordinator must complete the Special Event Permit section of the Event with Alcohol Authorization Form
        3. If the Event Coordinator is a University entity that wants to collaborate with an outside non-profit to hold the Event, the Event Coordinator must complete the Special Event Permit section of the Event with Alcohol Authorization Form and also the Memorandum of Understanding available at Appendix B
    5. The following statutory requirements and conditions apply to Events covered by a Special Event Permit (including a Campus Special Event Permit):
      1. Specific location only. A Special Event Permit is issued for a specific location and is not valid for any other location.
        1. Multiple locations will not be authorized under a single permit.
      2. Hours. A Special Event Permit authorizes the sale of Alcohol only during the following hours:
        1. For malt beverage permits (beer), between the hours of 5 a.m. of the day specified and midnight on the same day.
        2. For malt, vinous, and spirituous liquor (beer, wine and hard liquor) permits, between the hours of 7 a.m. of the day specified and until 2 a.m. of the day immediately following.
      3. No requirement for future issuance. The issuance of a Special Event Permit shall not require the state licensing authority to issue such a permit upon any subsequent application by the organization.
      4. Food and snacks availability. Sandwiches or other food snacks shall be available during all hours of service of malt, spirituous, or vinous liquors, but prepared meals need not be served.
      5. Servers. People serving Alcohol must be 21 or older and must be TIPS trained.
      6. Source of Alcohol Served at the Event
        1. Alcohol may be purchased from a Colorado-licensed wholesaler, brewpub, retailer, vintner’s restaurant, limited winery, or liquor-licensed drugstore.
        2. Any of the entities listed in (1) above may donate Alcohol to the event as long as the donated Alcohol is used for hospitality and/or fund-raising purposes and is not sold by the drink.
        3. Alcohol from private or non-licensed sources may not be served at the event.
  6. General Requirements for an Event where Alcohol is Served.
    1. If the Event is serving Alcohol pursuant to a Special Event Permit, the requirements set forth in section V above must also be followed.
    2. Area Where Alcohol is Served
      1. The area where Alcohol is served must be defined and clearly marked using readily identifiable barriers such as fencing and/or built in boundaries.
      2. For outdoor Events, fencing/barriers shall follow building and fire codes. (See http://www.colorado.edu/facilitiesmanagement/pdc/safety/index.html#policies )
      3. Signs must be posted at every entrance or exit stating:
        1. Private Event (if applicable).
        2. No alcohol beyond this point.
        3. No one under 21 shall be served.
    3. Service of Alcohol
      1. Self-service of Alcohol is prohibited. Persons attending the Event may not pour their own Alcohol or be given direct access to coolers, kegs, bottles or containers containing Alcohol or bottles or cans of Alcohol.
      2. Servers of Alcohol
        1. shall be trained to serve Alcohol (TIPS training or the equivalent) except at an un-catered Event taking place at a private residence. If the Event is taking place under a Special Event Permit, all servers must be TIPS trained.
        2. shall be 21 years of age or older.
        3. shall not serve anyone who is visibly intoxicated.
        4. shall not consume Alcohol before or while they are on duty.
        5. shall be familiar with the system being used at the Event for verifying that only persons 21 years of age and older are being served Alcohol.
      3. No one may be served more than two drinks at a time.
    4. Non-alcoholic beverages and food shall be available.
    5. No one under 21 years of age may consume Alcohol at the Event.
    6. Drinking-oriented games are prohibited.
  7. Event Monitoring and Security
    1. Each entrance/exit to the Event must be monitored so that Alcohol is not brought in or carried out of the Event.
    2. A previously printed list of invited guests must be used to identify attendees at the entrance to assure that only invited participants enter.
    3. Security will be determined on a case-by-case basis by UCB Police Department.
      1. Security will not be required for Events at a private residence.
  8. Other Laws, Regulations, Policies, Administrative Policy Statements and Resources.
    1. An Event where Alcohol is served must comply with all applicable state and local laws and regulations; Regent Laws or Policies, Campus policies, or Administrative Policy Statements.
    2. If any existing UCB, department, school, college or building policy or practice conflicts with this policy, this policy shall control.
    3. Any applicable federal or state law, Regent law or policy, or Administrative Policy Statement shall control over this policy in the event of any conflict.
    4. Resources and applicable policies include:

University of Colorado System

http://www.cu.edu

Alcoholic Beverage Purchase

https://www.cu.edu/articles/upload/4018.pdf

Contracting Authority

https://www.cusys.edu/policies/policies/G_ContractingAuthority.html

Facilities Use

https://www.cusys.edu/policies/policies/F_FacilitiesUse-InsReq.html

Policies and Procedures

https://www.cu.edu/policies/

Procurement Services Center (PSC)

https://www.cu.edu/psc/

PSC/Alcohol Purchases

https://www.cu.edu/psc/procedures/PPS/PPS-Alcohol.pdf

University of Colorado Office of University Risk Management

https://www.cu.edu/risk

Campus Offices

https://www.cu.edu/content/contacturm

Certificates of Insurance

https://www.cu.edu/content/certificatesinsurance

Insurance

https://www.cu.edu/content/insurance

Off-Campus Activities Guidelines

https://www.cu.edu/articles/upload/Off%20Campus%20Guidelines%209-28-10.pdf

Off-Campus Risk Assessment/
Emergency Planning Checklist

https://www.cu.edu/articles/upload/Off%20Campus%20Activity%20Risk%20Assess
%20&%20Emergency%20Planning%201110.doc

On-Campus Activities Guidelines

https://www.cu.edu/articles/upload/Campus-Activities.doc

On-Campus Risk Assessment/
Emergency Planning Checklist

https://www.cu.edu/content/documentsandforms

Special Event Liability Group Insurance

https://www.cu.edu/content/specialeventinsurance

Campus Alcohol Agent

CampusAlcoholAgent@colorado.edu


APPENDIX A
SPECIAL EVENT PERMIT PROCESS

  1. Campus Special Event Permit:
    • Background: In the 2011 regular session, the Colorado General Assembly authorized state institutions of higher education, including each principal campus of a state system of higher education, to apply for Special Event Permits. The University of Colorado Boulder may apply for Special Event Permits ("Campus Special Event Permit") for up to fifteen days per calendar year. Due to the finite number of Campus Special Event Permits available, the events for which a Campus Special Event Permit will be approved will be limited to those events that have campus-wide impact and interest and that could not proceed unless a Campus Special Event Permit was available.
    • An application for a Campus Special Event Permit may only be submitted by a Dean or Vice Chancellor, as appropriate.
    • The Event Coordinator must have completed the Alcohol Authorization Form and obtained all required approvals for the event at the time the application is submitted. The completed Alcohol Authorization Form showing all approvals and including all attachments must be included with the application for a Campus Special Event Permit.
    • Factors that will be considered in determining whether to grant the application include, but are not limited to, the following:
      • The benefit to the campus from the event.
      • The efforts of the Event Coordinator to make alternate arrangements to permit the service of Alcohol at the event, including efforts to arrange for an outside not-for –profit entity to apply for the Special Event Permit.
      • The potential risk/liability to the University of the event
      • Any other applications that have been submitted or approved.
    • The Chancellor or designee shall determine whether to approve the application for the Campus Special Event Permit.
    • Recurring events must submit a new Campus Special Event Permit application each year and obtain approval for the event. Approval of an application for one year does not guarantee that future applications will be approved.
  2. Third Party Not-for-Profit

    A third-party not-for-profit may also apply for a Special Event Permit for an event on the Boulder Campus. An example would be where the outside entity is renting space on the campus for an Event and wants to apply for a Special Event Permit so that it can serve Alcohol at its Event.
  3. University Event Coordinator and Third Party Not-for-Profit

    A University Event Coordinator and a third party not-for-profit entity may collaborate to obtain a Special Event Permit. An example would be where a University department wishes to hold an Event and serve Alcohol. The Department would collaborate with an outside non-profit, which is eligible to apply for a Special Event Permit, and the arrangement would include the outside non-profit applying for a Special Event Permit.

Process

1) Boulder Campus Special Event Permit

  1. Complete the attached Special Event Permit Request. The form must include the basis for the request for a Campus Special Event Permit, specifically addressing the factors listed above.
  2. A diagram of the area for which the permit will be issued – this diagram must reflect the physical structure and narrative of how this area will be controlled.

2) Non-profit Entity applying for SEP for Event on Boulder Campus
Follow step 1 above and include the following:

  1. Proof of qualified nonprofit status- A certificate of non-profit status and authority issued by the Colorado Secretary of State or a copy of the Organization charter.

3) CU Event Coordinator and Non-profit collaborate to obtain the Special Event Permit
Follow steps 1 and 2 above and include:

  1. Proof of qualified nonprofit status- A certificate of non-profit status and authority issued by the Colorado Secretary of State or a copy of the Organization charter.
  2. Memorandum of Understanding document (link)

This packet is submitted to the Campus Alcohol Agent. The Campus Alcohol Agent then sends it to UCB Legal Counsel for review and stamped approval. If approved, this packet is forwarded to the Chancellor for approval or denial.

Once packet is approved by the Chancellor’s office then the Special Event Application is sent to the Department of Revenue Liquor Enforcement Division by the Campus Alcohol Agent.

The filing of the application and posting of the notice is handled by the Campus Alcohol Agent. The application for a Special Event Permit, together with supporting documentation and the required fee, must be filed with the Colorado Liquor Enforcement Division no later than thirty (30) days before the date of the Event. Notice of the application for a Special Event Permit must be posted for 10 days. The notice contains information about how to object to the event. If an objection is filed a hearing on the application will be held. If no objection is filed and the Colorado Liquor Enforcement Division approves the application, the permit will be issued

NOTE: Non-profits (#2 and #3) issued a Special Event Permit are required to provide the University a certificate of insurance for Host Liquor Liability insurance coverage for their event.


[LETTERHEAD]

Date
TO Philip P. DiStefano Approved : ________
Chancellor Denied: ________
Through: John R. Sleeman, Jr Approved : ________
Managing Senior Associate Counsel Denied: ________
From: [APPLICANT]

SPECIAL EVENT PERMIT REQUEST FORM

  1. Applicant:
  2. Description of the Event:
  3. Date and Location of the Event:
  4. Type of Special Event Permit Requested:

    ____ Beer and Wine ____ Hard liquor
  5. Basis for the Application:
  6. If you are applying for a Campus Special Event Permit (University of Colorado Boulder is the permit holder), complete the following:
    1. The benefit to the campus from the Event:
    2. The efforts of the Event Coordinator to make alternate arrangements to permit the service of Alcohol at the event, including efforts to arrange for with a qualified outside entity to apply for the Special Event Permit:
    3. The potential risk/liability to the University of the event:
    4. List any other requests for a Campus Special Event Permit that have been approved:
    5. Other factors supporting the request for a Campus Special Event Permit:
  7. Attach the completed Event with Alcohol Authorization Form.

APPENDIX B: MEMORANDUM OF UNDERSTANDING

This memorandum of understanding ("Agreement") is entered into between the Regents of the University of Colorado, a body corporate, for the benefit of the University of Colorado [Department name] ("[Event Coordinator's name]") and the [Sponsor Name] ("Sponsor Name").

Whereas, the parties hereto wish to collaborate in connection with [description of the event] ("Event") to be held [location, date and time of the Event];

Whereas, food and beverages (including alcoholic beverages) will be [sold/available] at the Event; and

Whereas the parties recognize that participation in the Event will benefit the [Sponsor's Name] by [identify a benefit to the Sponsor];

Now therefore, the parties agree as follows

  1. The [Sponsor's Name] will apply for a Special Event Permit pursuant to state law to permit alcoholic beverages to be served at the Event and also apply for any other applicable required permits or approvals.
  2. The [Event Coordinator's name] will provide the following, at the [Department or sponsor name] expense, in connection with the Event:
    1. The [Event Coordinator's name] shall contract with a caterer to provide food and beverages at the Event.
    2. The [Event Coordinator's name] will provide staffing and security for the Event.
    3. The [Event Coordinator's name] will provide [identify what the Event Coordinator will provide i.e., a tent, fencing, restrooms, and other facilities] for the Event.
    4. The [Event Coordinator's name] agrees that alcoholic beverages will only be served by individuals who are over 21 and TIPS trained.
    5. The [Event Coordinator's name] will provide staff assistance to the [Sponsor's Name] in connection with application for the Special Event Permit or other applicable permits/authorizations.
    6. The [Event Coordinator's name] is responsible for the cost of obtaining the Special Events Permit, liquor liability and general liability insurance covering the Event, and other applicable permits or authorizations.
  3. The parties hereto agree that the Event will strictly comply with applicable state and local laws concerning service and consumption of alcoholic beverages.
  4. In consideration of the [Sponsor's Name] participation in the Event, the [Department name] agrees to pay the [Sponsor's Name] Five percent (5%) of any net profits generated at the Event.
  5. This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or affect whatsoever, unless embodied herein.
  6. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties.
  7. The Parties hereto are independent contractors. Neither the [Sponsor's Name] nor any agent or employee of the [Sponsor's Name] shall be deemed to be an agent or employee of the State. The [Sponsor's Name] and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for the [Sponsor's Name] or any of its agents or employees.

Dated this ____ day of _____________, 201____.

Regents of the University of Colorado, a body corporate.

Phillip P. DiStefano
Chancellor

[Sponsor's Name]


APPENDIX C: BEST PRACTICES

The following are best practices for service of Alcohol.

  1. If the Event lasts more than two hours, Alcohol should not be served during the last hour of the Event.
    1. For Events lasting less than two hours, service should end at least 30 minutes before the scheduled end of Event
  2. Identify those whose age has been checked by using wrist bands or hand stamps for those old enough to drink Alcohol.
  3. At a Private Event, use a check-in list at the entrance of the Event to verify that only invited guests attend.
    1. Use a name tag, wrist band, hand stamp or other means of identifying persons who have checked in at the entrance to a Private Event.
  4. Use tickets or other means to limit/monitor the number of alcoholic drinks consumed.
  5. Develop a "get home safe" booth for guests to call taxis, designated driver, or other safe ride home.

Effective Date: January 1, 2012
Revised: January 16, 2013
Approved by: Philip P. DiStefano, Chancellor
Author: Managing Senior Associate University Counsel
Reviewed by/date: Chancellor’s Executive Committee, January 16, 2013; Chancellor’s Executive Committee, December 14, 2011

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