Ohio University Policy and Procedure

Use/Sale of Alcoholic Beverages on Ohio University Property and in Fraternity/Sorority Housing Units

SUPERCEDED on March 31, 2003

Current Version



Procedure No.:   24.001

Page No.:        1,2,3,4,5,6,7,and 8 of 8

Date Issued:     02/14/01

Issued By:       M. Sostarich


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PREFACE:

Ohio University recognizes that the decision to use alcoholic beverages is a personal one, in part regulated by the laws of the state of Ohio, city ordinances, and policy of Ohio University, as well as standards of responsible behavior consistent with the mission of the University.

POLICY:

It is the policy of Ohio University to permit the sale and use of alcoholic beverages on the Athens campus at events sponsored by university departments, organizations, and/or approved users of university facilities. Event sponsors are responsible for complying with the laws of the state of Ohio, ordinances of the city of Athens, regulations promulgated by the Board of Trustees, and provisions of this policy and procedure.

Consistent with Ohio University's position of not promoting the use and/or abuse of alcohol, it is the university's POLICY to neither solicit nor accept any form of alcoholic beverage advertising or sponsorship for any university controlled publication or in/on any university owned or operated facility or property.

Under special circumstances an Ohio University department and/or student organization may accept sponsorship by an alcohol manufacturer (in its own name or in the name of one of its products), of an event, held on university-owned property, lasting no more than one day, which has demonstrated cultural, educational, or entertainment value to the university and results in no direct financial gain, from the alcohol manufacturer of any kind, to the university, department, and/or student organization. Advertising for the event must be approved and must include an approved alcohol education message. A university department and/or organization must submit a proposal to the Director of Baker Center identifying the alcohol manufacturer and/or distributor, at least twenty-one (21) days prior to the event. No more than one proposal per quarter may be submitted by a department and/or student organization. The Director of Baker Center will review the proposal with appropriate university officials and, based upon the above criteria, either grant or not grant approval for the event and any advertising. (Please see page 2, item 10 for further clarification.)

It is the responsibility of the Director of Baker Center to administer the provisions of this policy and procedure in consultation with and assistance of appropriate administrative officers.

In addition to the general policy statement above, specific policies and procedures apply to certain University units and circumstances. All use or sale of alcoholic beverages on Ohio University property is subject to the following:

  1. At each event where alcohol is used, served, and/or sold, the sponsoring department, organization, and/or approved user of university facilities, agrees to oversee adherence to the alcohol policy, assume responsibility for the event, and specifically, control and supervise the distribution of all alcoholic beverages in accordance with the laws of the state of Ohio and ordinances of the city of Athens.

  2. Individuals responsible for managing an event where alcoholic beverages are used, served, and/or sold must be named on the Application to Sell or Use Alcoholic Beverages Under Ohio University Policy 24.001 (Appendix A). Individuals designated by the department,


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    organization, and/or approved user of university facilities are responsible for the proper conduct of all people present and shall not consume alcohol during the event.

  3. Use must be consistent with the provisions of this policy and procedure and law. Particular attention must be paid to the age of the consumers, method of dispensing, and location of the event. No one under the age of 21 is permitted to possess or consume any alcoholic beverage. Further, at any event where beer, liquor, or wine is used, served, and/or sold, approval for such an event shall be based on the age of the population in attendance (minimum: majority of legal age) and the nature of the event.

  4. The Director of Baker Center will administer this policy and, if deemed necessary, impose additional regulations and restrictions upon the sponsoring organization, or provide direct supervision, the cost of which will be charged back to the sponsoring department, organization, and/or approved user of university facilities.

  5. All sale/use of alcoholic beverages on university property is subject to inspection by University officials. Violations of Ohio Liquor laws and/or University policy may result in referral of the sponsoring department, organization, and/or approved user of university facilities, advisor, and/or individual(s) to appropriate law enforcement agencies, the Office of Judiciaries, and/or suspension of permission to sell or use alcoholic beverages in the future.

  6. No person will possess or be served alcoholic beverages without proof of legal age.

  7. Use of alcoholic beverages must not be detrimental to the environment nor to health or safety.

  8. Events where alcoholic beverages are used served and/or sold shall not have alcohol or the consumption of alcohol as their theme.

  9. No element of an event where alcohol will be used, served, and/or sold shall encourage in any manner the consumption of alcohol.

  10. No event where alcohol is used, served, and/or sold shall be sponsored, in any manner, by an alcohol manufacturer (in its own name or in the name of one of its products), distributor, or retailer.

  11. Alcoholic beverages are not permitted to be used, served and/or sold prior to 11:00 a.m. on any day and no later than 1:00 a.m. For an event lasting four hours or more sale or service must stop forty-five minutes prior to the end of the event.

  12. No event at which alcohol will be used, served, and/or sold shall be scheduled to last more than five hours.

  13. Persons responsible for selling alcoholic beverages at F-permit events must be at least 21 years old.

  14. No servers of alcohol shall be permitted to consume alcoholic beverages while serving nor shall they be permitted to serve while intoxicated.

  15. At all events where alcohol is used, served, and/or sold, non-alcoholic beverages and unsalted foods must be made available in quantities sufficient for the number of guests.


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  16. No advertising for events where alcohol is used, served, and/or sold shall refer to alcohol in any manner other than "Legal Beverages Available or "Beer Available." Advertising for an F-permit event cannot include the sale price of alcoholic beverages nor can it refer to price advantage or amounts available.

  17. In order to determine the maximum amount of alcohol to be purchased and/or provided for a non-sale event, the following formula will be used: Beer - 12 oz., Wine - 6 oz., Liquor - 1 oz. per hour of the event per person of legal age, but in no case shall the amount of alcohol exceed four servings per person of legal age per event

  18. Drinking containers for alcoholic beverages should not exceed the following: 
              Beer               Twelve ounces in volume
          Wine               Six ounces in volume
          Mixed Drinks       Ten ounces in volume (Maximum 1 oz. of alcohol)
    The sale or use of "shots" is not permitted.

  19. The minimum charge for 12 ounces of beer at a "sale" event shall be $1.50. A lower price will be charged for the same amount of a non-alcoholic beverage. Other alcoholic beverages should be priced so as not to promote excessive consumption.

  20. All food and beverages must be equally visible and available.

  21. Under no circumstances may any alcoholic beverage be permitted to leave the approved area of the event.

  22. Intoxicated people will not be served nor permitted to possess alcoholic beverages.

  23. No alcoholic beverages may be brought into an event by an individual when alcoholic beverages are being served, and/or sold by event organizers.

  24. Exceptions to the alcohol policy may be granted by the Director of Student Life Programs or his/her designee.

I. University Residence Halls and on The Campus

A. Policy:

All use of alcoholic beverages on Ohio University property whether inside or outside of buildings, must be approved by the Director of Baker Center or his/her designee, subject to the above policy and the following:

  1. Alcoholic beverages are not permitted on outdoor areas contained within the boundaries of Park Place, Union Street, Court Street, and University Terrace or on the Howard Hall site.

  2. Alcohol is not permitted at any outdoor event open to the public.

  3. Use of alcoholic beverages must be sponsored by an Ohio University department, registered campus organization, or an approved user of university facilities.


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B. Procedure:

  1. Departments, organizations, and/or approved users of university facilities desiring to sponsor events involving the use of alcoholic beverages on university property must first apply to the individual immediately responsible for supervising the facility, building section, or campus space desired. When making the request, the department, organization, and/or approved user of university facilities must indicate that they propose to use alcoholic beverages.

  2. If the individual responsible for the area grants permission to use the area for the event, the department, organization, and/or approved user of university facilities must then fill out an application form, available in the Director of Baker Center's office, at least five (5) days prior to the proposed event. If the sale of alcohol is intended, the application must be completed in accordance with procedures in section 11 of this policy. "Sale" and "sell" are defined by law as exchange, barter, gift, offer for sale, sale, and distribution and delivery of any kind. In addition, serving alcoholic beverages at any event open to the public is legally defined as "sale."

  3. Following a discussion with the department, organization, and/or approved user of university facilities proposing to use alcoholic beverages on campus, the Director of Baker Center or his/her designee will review the proposed event with affected university departments.

  4. If the Director of Baker Center or his/her disignee grants approval for the activity, notice of approval will be transmitted to the department, organization, and/or approved user of university facilities and to affected University Offices.

II. SALE of Alcoholic Beverages on the Ohio University Campus

A. Policy:

It is the policy of Ohio University to limit the SALE of alcoholic beverages on Ohio University property to operations conducted under temporary permits approved by the Director of Baker Center or his/her designee and issued by the Ohio Department of Liquor Control or under permanent permits issued to Baker Center.

"Sale" and "sell" are defined by law as exchange, barter, gift, offer for sale, sale, and distribution and delivery of any kind. In addition, serving alcoholic beverages at any event open to the public is legally defined as "sale. "Operations will be conducted in full accordance with the applicable provisions of the Ohio Revised Code, the regulations of the Ohio Department of Liquor Control, and the provisions of this policy and procedure.

  1. Baker Center

    SALE OR USE OF ALCOHOL IN BAKER CENTER CAN TAKE PLACE ONLY UNDER BAKER CENTER PERMITS.


  2. Other Retail Privileges - The "F" Permit

    3. Departments, organizations, and/or approved users of university facilities may request to sell alcoholic beverages in a location other than Baker Center. Departments, organizations, and/or approved users of university facilities wishing to sponsor such events must request of the Director


    [Here begins page 5 of the hardcopy version.]


    of Baker Center approval for the retail sale of alcoholic beverages under provisions of the "F" or "F2" permit. The "F" and "F2" permits are processed by the office of the Director of Baker Center and issued by the Ohio Department of Liquor Control to charitable and social organizations as defined by Ohio liquor laws and rules. The "F" permit allows such organizations to sell beer until 1:00 a.m. nightly and for a period not to exceed five successive days. The "F2" permit allows organizations to sell beer, wine, and liquor until 1:00 a.m. nightly and for a period not to exceed two successive days. The sale of alcoholic beverages at outdoor public events is not permitted.

B. Procedure:

  1. The Director Baker Center or his/her designee will provide departments, organizations, and/or approved users of university facilities with guidelines (Appendix B) covering the "F" and "F2" permits and sale of alcoholic beverages.

  2. Departments, organizations and/or approved users of university facilities desiring to sponsor events where alcoholic beverages will be sold, must first apply to the individual immediately responsible for supervising the building section, facility, or campus space desired. When making the request, the department, organization, and/or approved user of university facilities must indicate that they propose to sell alcoholic beverages.

  3. If the individual responsible for the area grants permission to use the area for the event, the department, organization, and/or approved user of university facilities must then fill out an application form (Appendix A) available in the Director of Baker's office no later than twenty (20) days prior to the proposed event for the sale of beer or no later than twenty-five (25) days prior to the proposed event for the sale of liquor and/or wine.

  4. Following a discussion with the department, organization, and/or approved user of university facilities proposing to sell alcoholic beverages on campus, the Director of Student Life Programs or his/her designee will review the request with affected University Departments.

  5. If the Director of Baker Center or his/her designee grants approval for the event, notice of approval will be transmitted to the department, organization and/or approved user of university facilities to affected University offices.

  6. The sponsoring department, organization, and/or approved user of university facilities will complete and sign the application for an "F" or "F2" permit and provide a money order covering the amount of the application fee. The Director of Baker Center or his/her designee will forward the permit application and the money order to the Department of Liquor Control. The Department of Liquor Control will investigate the application and, if approved, will forward the "F" or "F2" permit to the Director of Baker Center, who will then notify the sponsoring department, organization, and/or approved user of university facilities.


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III. Use of Alcoholic beverages in University Housing Units (See Section II for policies regarding sale of alcoholic beverages)

All use of alcoholic beverages in university housing units is subject to the above policies and the following:

A. Policy:

  1. Any individual who is legally permitted to consume alcoholic beverages may do so responsibly in the privacy of his/her own room or the room of another person of legal age.

  2. Use of alcoholic beverages is not permitted in the lounges, mods, and public areas of the residence halls with the exception of events approved by authorized Residence Life staff.

  3. Alcoholic beverages may be permitted at social events in university housing units. For the purposes of this policy an "event" is defined as any gathering of people which takes place in an area where alcoholic beverages are present. In order to hold an event with alcohol the majority of individuals who reside in the living unit (floor section, mod, or residence hall) must be of legal age.

  4. It is the responsibility of the residents to ensure that no underage drinking takes place at these events. The organizers of the event will be held responsible for any violations/infractions of law and/or university policies and procedures.

  5. Party balls and kegs are prohibited unless approved by authorized Residence Life staff for registered events.

  6. Only one alcoholic beverage at a time will be dispensed or sold to any individual.

B. Procedure:

  1. The appropriate registration and party contract forms for the event must be completed and returned to the Assistant Director of Baker Center no later that five (5) days prior to the event.

  2. Notice must be posted at the event stating Ohio Liquor Law pertaining to age.

IV. Sale and/or Use of Alcoholic Beverages in Fraternity/Sorority Housing Units

Policy

  1. Any individual who is legally permitted to consume alcoholic beverages may do so responsibly in the privacy of his/her own room within a fraternity/sorority chapter facility or in the room of another person who is of legal age.

  2. Use of alcoholic beverages is not permitted in the common areas of the fraternity/sorority chapter facilities or on the property of fraternity/sorority chapter facilities.

  3. Alcoholic beverages are not permitted at social events in fraternity/sorority chapter facilities or on the property of fraternity/sorority chapter facilities.

  4. Sale of alcoholic beverages is not permitted in fraternity/sorority chapter facilities or on the property of fraternity/sorority chapter facilities.


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    Appendix B
    Guidelines for Holders of "F" and/or "F2" Permits

    These guidelines describe the laws of the State of Ohio and the regulations of the Ohio Department of Liquor Control that are most pertinent to "F" and "F2" permit holders. Holders of "F" and/or "F2" permits issued for university property are subject to additional regulations as outlined in Ohio University Policy and Procedure 24.001.

    1. Permit holders are legally liable for adherence to all laws. These guidelines highlight only the most commonly encountered provisions. A copy of the complete law is available at the Director of Baker Center's Office. If you have any doubts as to the legality of any aspect of your sale of alcoholic beverages, please contact the Director of Baker Center.

    2. An "F" permit is required for any sale of beer on University property and must be filed no later than twenty (20) days prior to the event. An "F2" permit is required for any sale of wine and/or liquor on University property and must be filed no later than twenty-five (25) days prior to the event. "Sale" is very broadly defined by law as any exchange, barter, gift, offer for sale, distribution and delivery of any kind, and transfer of the possession of beer and intoxicating liquor.

    3. "F" permit privileges allow the sale of beer only. "F2" permit privileges allow the sale of beer, wine, and/or intoxicating liquor.

    4. An "F" and/or "F2" permit can be issued only to a not-for-profit social, educational, or charitable organization. Proceeds from an "F" or"F2" permit cannot benefit any individual.

    5. An "F" permit will permit the sale of beer for a maximum of five (5) successive days until 1:00 a.m. each day. An "F2" permit will permit the sale of beer, wine, and/or intoxicating liquor for a maximum of two (2) successive days until 1:00 a.m. each day. University policy, however, further restricts use/sale to no more than five hours per day, beginning after 11:00 a.m.

    6. "F" and "F2" permit holders are permit holders in the same sense as any restaurant or tavern, and thus are responsible for adhering to the following laws/regulations:

      a. Alcoholic beverages can be sold only to individuals who are 21 years of age or older. Permit holders must check identification to verify legal age.

      b. Alcoholic beverages cannot be served to an individual who is intoxicated.

      c. No alcoholic beverages of any kind can be brought onto an "F" or "F2" permit premise.

      d. Alcoholic beverages sold at an"F" or "F2" permit event cannot be removed from the premises.

      e. Beer to be sold at an "F2" permit event must be purchased from a wholesale beer distributor and cannot be purchased from a retail permit holder. Alcoholic beverages to be sold at an "F2" permit event must be purchased at retail price.


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      f. The "F" and/or "F2" permit must be posted prominently at the place of sale.

      g. "F" and "F2" permit privileges are limited to the days, dates, times, and location indicated on the application and issued permit.

      h. The sale of alcoholic beverages to a minor or without a permit is punishable as a misdemeanor of the first degree, subjecting the violator(s) to a fine up to $1,000 or a jail term up to six (6) months, or both. The violator(s) are also subject to University discipline.

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Dick Piccard revised this file (http://www.ohiou.edu/policy/s24-001.html) on May 4, 2005.

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