Chapter 3053
.010 Introduction
.020 Alcoholic Liquor
.030 Cereal Malt Beverage (3.2% beer)
.040 Athletic Facilities or Athletic Events
.050 Alcohol Policy for Student Organizations
.060 Summary of Pertinent Laws
.070 Questions
Attachment
.100 Alcoholic Beverage Request
A bill passed by the 1987 legislature permits consumption of alcoholic liquor in non-classroom space on property under the control of the State Board of Regents. Pursuant to the new law, the Board of Regents has adopted the following policy:
Consumption of alcoholic liquor may be permitted under authorized and appropriately controlled conditions and guidelines to be determined by the administration of each school and set forth in an institutional policy on service of alcoholic liquor. Alcoholic liquor may only be served at luncheons, dinners or receptions which honor individuals and which occur in connection with official University events and/or fund-raising activities for University programs. The service of alcoholic liquor at such events must be approved, in advance, by the chief executive officer of the institution and may only be held in those non-classroom areas, and outside grounds immediately adjacent thereto, which are specifically designated for such activities in the institutional policy on service of alcoholic liquor. Each institution shall file and maintain a current copy of its policy on service of alcoholic liquor with the Executive Director on behalf of the Board. Each institutional chief executive officer shall also be prepared to provide information to the Board in relation to the service of alcoholic liquor on campus as requested by the Board or Executive Director. (Board of Regents, Minutes, 2/18/88.)
"Alcoholic liquor" includes all alcoholic beverages except cereal malt beverages containing 3.2% or less alcohol.
The following are the university's requirements pertaining to alcoholic beverages. Requirements regarding service shall be construed also to pertain to possession and consumption.
The service of alcoholic liquor is not permitted on university property except in accordance with the following requirements:
Alcoholic liquor may be served on university property only in connection with a sponsor or host organization, for an approved event, and subject to the requirements prescribed herein.
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:
| K-State Union | Football Office Bldg., Big Eight Room only |
| McCain Auditorium | Bramlage Coliseum |
| Hale Library, Rm. 315 & foyers | Holton Hall |
| Durland Hall, Foyer only | Cafeteria and state portion of KSU Foundation Center |
| Nichols Hall, Foyer only | Weber Hall, Arena only |
| Derby Food Center | Foyer of Technology Bldg. & Cafeteria of Aeronautical Ctr. |
| Justin Hall, Hoffman Lounge only | College of Business Student Learning Center - Calvin Hall |
| Brandeberry Complex | Dev Nelson Press Box |
| Club Level and Suites of East Side Football Stadium Addition | The Marianna Kistler Beach Museum of Art |
| Bill Snyder Family Stadium | Tointon Family Baseball Stadium |
The sponsor or host organization must request approval of the President at least 15 days in advance of any event at which alcoholic liquor is to be served using the attached Alcoholic Beverage Request form. (Additional forms may be obtained in the President's Office.) In the case of the K-State Union, approval must also be obtained from the Director.
The sponsor or host organization will make arrangements for the provision of alcoholic liquor at each such event. A temporary permit from the Director of Alcohol Beverage Control is needed when any one of the following circumstances exists:
The event is open to the public;
Attendees purchase alcoholic beverages;
Individuals pay to attend the event, such as a dinner or reception, and receive alcoholic beverages in return for their payment; or
A licensed caterer is not used for the event.
No permit is needed when all of the following circumstances exist:
The event is by invitation only and is not open to the public;
Attendees do not purchase alcoholic beverages; and
Attendees do not receive alcoholic beverages in return for a payment made to attend the event.
The sponsor or host organization and any licensed caterer used by the organization will be responsible for assuring that no person under 21 years of age is allowed to consume alcoholic liquor at an event at which alcohol is 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. Whenever feasible, host organizations will require that caterers providing alcoholic beverages agree that Kansas State University and the Kansas Board of Regents be indemnified and held harmless for any and all liability caused by the negligence of the caterer and that the caterer have in effect adequate insurance to provide liability protection.
Under state law, alcohol is permitted in state owned residences furnished to state officers and employees, and the guidelines in the paragraph above are not applicable.
.030 Cereal Malt Beverage (3.2% beer)
Board of Regents' policy permits the service of cereal malt beverages (3.2% beer) under authorized and appropriately controlled conditions and regulations to be determined by the administration of each school. Kansas State University has adopted the following policies:
The service of 3.2% beer is not permitted on university property with the following exceptions:
3.2% beer may be possessed or consumed by those of legal age to possess and consume in private rooms and approved public areas of residence halls.
3.2% beer may be consumed by those of legal age in outdoor areas surrounding the residence halls, providing it is done in areas away from public streets and in connection with a sponsor or host organization for an approved event. The executive board of Kansas State University Association of Residence Halls will determine the suitability of an area. Approval must be granted by the hall governing board and the hall director of the hall involved in the event.
3.2% beer may be served in non-classroom areas for events for which the service of alcoholic liquor has been approved.
.040 Athletic Facilities or Athletic Events
There will be no sale, possession or consumption of alcoholic liquor or cereal malt beverages at athletic events, except in the strictly limited manner provided for in this policy. To ensure general awareness and impartiality of enforcement, the athletic department administration is responsible for communicating with students and the general public who attend athletic events of the state laws and university policies regarding alcohol. This will include among other methods, signage for public information at appropriate locations, flyers, inserts in ticket promotions, and press statements.
However, ceral malt beverage (3.2% beer) may be sold and consumed at athletic events in designated areas (see section .020 above) in accordance with the provisions of this policy.
Persons attending events in KSU Football Stadium will not be permitted to bring beverage containers into the stadium. 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 stadium will be confiscated.
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 and the KSU police.
.050 Alcohol Policy for Student Organizations
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.
If alcoholic liquor or 3.2% beer is 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.
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).
Consumption of alcoholic beverages is permitted only within the approved area designated for the event.
Non-alcoholic beverages must be available at the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages.
A reasonable portion of the budget for the event must be designated for the purchase of food items.
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.
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.
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).
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.
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.
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 3.2% beer 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 3.2% beer on their property over which they have control.
to sell or offer for sale whole or mixed drinks of alcoholic liquor or 3.2% beer 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 3.2% beer. 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.
Questions relating to the information in this chapter should be directed to the University Attorneys Office, telephone 5730.
