Alcoholic Beverages

[Jump to Appendix I, Appendix II]

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:

Affiliated Group; Non-Affiliated Group; Sponsored Non-Affiliated Group:

The definitions for "Affiliated Group," "Non-Affiliated Group," and "Sponsored Non-Affiliated Group" set forth in University Policy 601.6, "Scheduling University Facilities," also apply to this Policy.  

Alcoholic Beverage:

Any beverage containing at least one half of one percent (0.5%) of alcohol by volume.

Approving Authority:

1. For the Harris Alumni Center - the Vice Chancellor for University Advancement, or designee;
2. For the Center City Building - the Provost and Vice Chancellor for Academic Affairs, or designee;
3. For residence areas - the Housing and Residence Life Office;
4. For all other areas of Campus - the Conference, Reservations and Events Services Office.

Beer:

Malt beverages, including Beer, liquor, malt liquor, ale, porter, and any other brewed or fermented beverage except Unfortified Wine or Fortified Wine containing at least one half of one percent (0.5%), and not more than fifteen percent (15%) alcohol by volume. Any malt beverage containing more than six percent (6%) alcohol by volume shall bear a label clearly indicating the alcohol content of the malt beverage.

BYO or Bring Your Own Event:

An event, other than Tailgating, at which an invitee may carry in Beer or Unfortified Wine for personal consumption; no other Alcoholic Beverage is available at the event.

Campus:

All property owned or leased by UNC Charlotte, with the exception of the Chancellor’s residence.

Common Source Containers:

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

Fortified Wine:

Any wine, of more than sixteen percent (16%) and no more than twenty‑four percent (24%) alcohol by volume, made by fermentation from grapes, fruits, berries, rice or honey, or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.

Group Event:

A Service Event sponsored by an Affiliated Group; Non-Affiliated Group; or Sponsored Non-Affiliated Group.

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 or a premixed cocktail served from a closed package containing only one serving.

Sale:

Sale of Alcoholic Beverages means any transfer, trade, exchange, or barter, in any manner or by any means, for consideration. Sale 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. However, as a limited exception to this general rule, the service of Alcoholic Beverages at a ticketed fundraising event sponsored by the University or a non-profit organization that is an Affiliated Group, Non-Affiliated Group, or Sponsored Non-Affiliated Group shall not be construed as a sale, provided (a) there is no separate charge for the Alcoholic Beverage that is served (b) no State funds are used to purchase the alcohol, and (c) the non-profit organization or the University obtains the appropriate permit from the ABC Commission for the service of Alcoholic Beverages at the event. (N.C.G.S. 18B‑1002(a)(5))

Service Event:

A Service Event is an event sponsored by the University or an Affiliated Group, Non-Affiliated Group, or Sponsored Non-Affiliated Group at which Alcoholic Beverages are served to invitees.

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.

Tailgating:

A gathering of Patrons outdoors that typically occurs around a vehicle or in a parking lot or parking deck, which may include consuming food and beverages, including Alcoholic Beverages, at an approved, designated area during approved times before or after official UNC Charlotte intercollegiate athletic events. See University Policy 718, Tailgating.

Unfortified Wine:

Wine any wine of sixteen percent (16%) or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.

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.

1. 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)
2. 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(b))
3. 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, to possess, or to consume any Alcoholic Beverage. (N.C.G.S. 18B-302)
4. 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, except a nonprofit alumni organization with a mixed beverages permit or a special occasion permit; provided, however, that Beer and Unfortified Wine may be sold at performing arts centers located on property owned or leased by the University if the seating capacity does not exceed 2,000 seats.  Any such sale of Beer or Unfortified Wine must be conducted by the University’s contracted food service vendor with the appropriate permit. (N.C.G.S. 18B-1006(a))
5. It is unlawful for any person to display publicly at any athletic contest Fortified Wine, Spirituous Liquor, or Mixed Beverages. (N.C.G.S. 18B-301(f)(2))
6. 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))
7. 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 50 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-303(a))). 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, 406).
8. 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(a))
9. State funds and student fees collected by the University cannot be used to purchase alcoholic beverages. (Section 4.8.5, NC State Budget Manual, OSBM)

IV. Coverage and Jurisdiction

This Policy applies to any person who possesses or consumes Alcoholic Beverages on the University Campus.

V. Permitted Alcoholic Beverages; Restrictions

1. Beer and Unfortified Wine are the only Alcoholic Beverages permitted on the Campus, unless specifically permitted under paragraphs V.B and V.C.
2. Students at least 21 years of age and their guests at least 21 years of age may consume Alcoholic Beverages within their own private Campus residence rooms, but not elsewhere, except when Tailgating. Such students are permitted to transport unopened containers of Spirituous Liquor, Fortified Wine, or Mixed Beverages from off Campus directly to their private Campus residence rooms, but may not otherwise transport those beverages on the Campus.
3. Possession and consumption of Spirituous Liquor, Fortified Wine, or Mixed Beverages are permitted on Campus (other than in Campus residence rooms) only on such occasions and in such places as the Approving Authority designates in writing.
   1. Only the University’s contracted food service vendor is permitted to serve Spirituous Liquor, Fortified Wine, or Mixed Beverages at events where those beverages are provided.  At any such event, the following sign must be posted: “This Event Hosted per NC ABC Commission Special Occasion Permit #00129988AR”. 
   2. Affiliated 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:
      1. complete an “Acknowledgement of Responsibility Form” (see Appendix I) and
      2. complete a "Special Circumstances Approval Form" (see Appendix II) and
      3. submit both forms to the appropriate Approving Authority
4. Non-Affiliated Groups and Sponsored Non-Affiliated Groups are not permitted to serve Spirituous Liquor, Fortified Wine, or Mixed Beverages on Campus.

VI. Limitation on Common Source Containers

Common Source Containers are prohibited within any Campus residence building and in all Campus outdoor areas. Common Source Containers are prohibited at events sponsored by student organizations.

VII. Group Events on the University Campus

A. Procedures and General requirements

The only events at which Alcoholic Beverages may be consumed on the University Campus are a BYO Event, a Service Event, or during Tailgating.  

Alcoholic Beverages are permitted at Group Events only if:

1. A space reservation application is approved in advance by the Approving Authority.
2. Individuals responsible for the Group Event complete the appropriate "Acknowledgment of Responsibility" form (see Appendix I) and submit it to the appropriate Approving Authority.

The Acknowledgement of Responsibility Form must be submitted to the appropriate office between 8:00 AM and 5:00 PM on Monday through Friday, and not later than 72 hours in advance of the Group Event. In addition, the reservation of University space must meet all requirements of UNC Charlotte University Policy 601.6.

B. Additional procedures and requirements for students and student organizations

1. The only events at which student organizations may have Alcoholic Beverages are approved 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

Each of the following requirements must be observed at a BYO Event:

1. Unless an exception is granted by the appropriate Vice Chancellor or unit head, Event Marshals must be present during entire BYO 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. If the Vice Chancellor or unit head grants an exception to the Event Marshal requirement, they shall designate an Event Coordinator, who shall be in attendance at the event and shall be responsible for the requirements set forth in this Section VII.C.
2. The Event Coordinator or Event Marshals will notify Police and Public Safety in advance of the BYO Event of the date, time, place, and expected attendance at the BYO Event.
3. The Event Coordinator or Event 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.
4. The Event Coordinator or Event 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.
5. The Event Coordinator or Event 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, they may be asked to leave the event or facility.
6. The Event Coordinator or Event Marshals will assure that each person consumes only their own Alcoholic Beverages; sharing of Alcoholic Beverages is prohibited.
7. The Event Coordinator or Event Marshals will assure that no Alcoholic Beverages except Beer or Unfortified Wine are permitted at the event.
8. No Sale of Alcoholic Beverages may occur at the event.
9. The Event Coordinator or Event Marshals will permit attendees to carry in non-alcoholic beverages and food in any amount, consistent with UNC Charlotte University Policy 709, Food Service Policy.
10. Persons not specifically invited will not be permitted to attend.
11. Attendance will not be permitted to exceed the safety capacity of the facility.
12. The Event Coordinator or Event 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.
13. The Event Coordinator or Event Marshals will notify Police and Public Safety in the event of a disturbance.
14. 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.

Tailgating, as defined above, is exempt from the BYO Event requirements set forth in this Section VII.C. The rules governing Tailgating are set forth in University Policy 718, Tailgating.

D. Service Events; requirements

Each of the following requirements must be observed at a Service Event:

1. 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 Approving Authority, as provided in Section V.C above.
2. State law regarding purchase and transportation of Alcoholic Beverages to be served will be observed.
3. All Non-Affiliated Groups that are using University space contracted through the Conferences, Reservations & Event Services Office are required to use the University’s contracted food service vendor for service of Beer and Unfortified Wine.
4. 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.
5. Persons who are noticeably intoxicated will not be admitted to the event. If a person becomes noticeably intoxicated at the event, they will not be served any Alcoholic Beverage and may be asked to leave the event or facility.
6. No Sale of any Alcoholic Beverage will be permitted.
7. Attendance at the event is limited to those specifically invited and their guests accompanying them.
8.  All advertising of the event is prohibited.
9. The maximum amounts of Beer or Unfortified Wine permitted at the event are:
   1. 1 keg or 7 cases (12 oz.) of Beer per 50 persons estimated attendance, or
   2. 3 liters of Unfortified Wine per 10 persons estimated attendance, or
   3. a proportionate combination of Beer and Unfortified Wine.
10. Attendance will not be permitted to exceed the safety capacity of the facility.
11. Non-alcoholic beverages will be available at the same place as Alcoholic Beverages and featured as prominently as the Alcoholic Beverages.
12. Food items must be provided, proportionate to attendance.
13. Persons attending will not be permitted to carry in Alcoholic Beverages.
14. Service Events must be scheduled no earlier than 4pm on weekdays, unless an exception is approved by the Chancellor. 
15. With the exception of Tailgating as set forth in University Policy 718, Tailgating, the period during which Alcoholic Beverages are served at a Service Event on Campus may not exceed two hours, provided, however, that the Approving Authority may, in their sole discretion, grant an exception to this time limit upon written request and justification.

VIII. Locations for Events Involving Alcoholic Beverages

The Conferences, Reservations & Event Services Office may approve the serving and consumption of Alcoholic Beverages in only the following areas:

• Belk Track and Field
• Bonnie E. Cone University Center and Plaza
• Cafeterias (including Prospector and the Gold Room)
• Energy, Production, and Infrastructure Center (EPIC) Building
• Halton-Wagner Tennis Complex
• Hayes Stadium
• James H. Barnhardt Student Activity Center
• Judy W. Rose Football Complex (including, but not limited to, University Box and Hospitality Deck)
• Miltimore-Wallis Athletics Training & Academic Center
• Partnership, Outreach, and Research to Accelerate Learning (PORTAL) Building
• Robinson Hall
• Rowe Arts Building
• Student Union
• Wells Fargo Fieldhouse

Events at which Alcoholic Beverages may be consumed in the residence areas must be approved by the Director of Housing and Residence Life.

The Conferences, Reservations & Event Services Office will seek approval from the Vice Chancellor for Student Affairs or designee when other locations are requested for special events at which Alcoholic Beverages may be consumed that are sponsored by non-student groups. (See "Special Circumstances Approval Form," Appendix II.)  

---

Appendix I

UNC Charlotte Acknowledgment of Responsibility for Service of Alcoholic Beverages

---

Appendix II  

Special Circumstances Approval Form

---