11.07 / Sale, Service, And Consumption Of Alcohol On University Premises

  1. Initiating Authority

    1. The Office of General Counsel serves as the initiating authority for this policy.
  2. Purpose

    1. The purpose of this policy is: (1) to state the University's rules, regulations, and policies relating to the sale, service, and consumption of Alcohol on University Premises, and (2) to require compliance with all University rules, regulations, and policies, Kansas Board of Regents policy, and all applicable state and federal laws as it relates to the sale, service, and consumption of Alcohol on University Premises.
    2. This policy does not apply to any events held in buildings or spaces owned or leased by a non-University entity or those outdoor locations immediately adjacent to buildings owned or leased by a non-University entity.
  3. Policy

    1. Consumption, Sale, or Service of Alcohol on University Premises
      1. No Alcohol may be consumed, sold, served, or provided on University Premises, except where all of the following conditions are met:
        1. It is permissible by state statutes, regulations of the Kansas Alcohol Beverage Control, and Kansas Board of Regents policies;
        2. It is in accordance with this policy and all applicable federal, state, and local statutes and regulations;
        3. It is in a University Designated Area; and
        4. It is approved in advance by the Office of General Counsel unless otherwise set forth in this Policy.
    2. Advanced Approval
      1. Advance Approval Required. The Office of General Counsel must approve in advance the service, sale, and/or consumption of Alcohol except as set forth under this policy.
      2. Conditions of Approval. The Office of General Counsel will only approve the service, sale, or consumption of Alcohol in Designated Areas when:
        1. The service, sale, or consumption is in connection with approved official University events, fundraising activities for University programs, or an event that furthers the University's mission.
        2. The sale and/or service of Alcohol is done by a Caterer licensed to serve Alcohol.
        3. Any Caterer serving and/or selling Alcohol has provided proof of full liquor legal liability insurance in the amounts of $1,000,000 per occurrence and $2,000,000 aggregate, which names the University, the Kansas Board of Regents, and the State of Kansas as additional insureds. If the Caterer is serving and/or selling Alcohol in an Athletics Facility, such insurance policy(ies) must also name the Wichita State Intercollegiate Athletic Association, Inc. as an additional insured.
      3. Limitations of Approval. Any approval obtained from the Office of General Counsel is only applicable to the sale, service, or consumption of Alcohol in the Designated Area identified on such approval.
      4. Advance Approval Exception. The University and/or the Wichita State Intercollegiate Athletic Association, Inc may serve and/or sell Alcohol as part of its concession services provided by a third party at any sporting event without advance approval by the Office of General Counsel.
      5. Approval of Third-Party Contracts for the Sale or Service of Alcohol. All contracts for the sale and/or service of Alcohol with a third party must be reviewed and approved as to form by the Office of General Counsel before signature.
    3. Compliance with Applicable Law and University Policies in the Service, Sale or Consumption of Alcohol
      1. No Alcohol shall be sold or served to, or consumed by, individuals under 21 years of age.
      2. No Alcohol shall be sold or served to any individual who appears to be intoxicated. Food and non-alcoholic beverages must be available at any location where Alcohol is consumed.
      3. At all times, the sale, service and/or consumption of Alcohol in any Designated Area and/or in conjunction with any University event must be in compliance with all applicable laws including, but not limited to the Kansas Liquor Control Act.
      4. The sale, service, possession, and/or consumption of Alcohol in University Housing Facilities shall be subject to additional policies and procedures as set forth in the Housing and Residence Life Handbook.
      5. The sale, service, possession, and/or consumption of Alcohol in Athletics Facilities may be subject to additional policies and procedures, as established by the Wichita State University Intercollegiate Athletic Association, Inc.
    4. Consequences of Failure to Comply

      Failure to comply with this policy or any law governing the sale, service, or consumption of Alcohol will result in loss of the privileges granted under this policy and/or disciplinary action, up to and including separation of employment.

  4. University Designated Areas

    1. University Designated Areas must be limited, by law, to non-classroom areas.
    2. The University President shall approve any additions to or removals from the list of University Designated Areas set forth below, as may be amended from time to time.
    3. Indoor Designated Areas are limited to the following (non-classroom areas only):
      1. Beggs Hall Lobby
      2. CAC Theater
      3. Corbin Hall
      4. Devlin Hall Lobby
      5. Duerksen Fine Arts Center (Miller Concert Hall Lobby only)
      6. Grace Memorial Chapel
      7. Henrion Hall
      8. Heskett Center
      9. Hubbard Hall
      10. Hughes Metropolitan Complex (excluding all classrooms)
      11. Indoor Athletics Facilities
      12. John Bardo Center
      13. Marcus Welcome Center
      14. McKnight Atrium (1st, 2nd, and 3rd floors only) and Courtyard
      15. Morrison Hall
      16. National Institute for Aviation Research (NIAR) Building
      17. President's Residence
      18. Rhatigan Student Center
      19. Shocker Studios
      20. Ulrich Museum of Art (1st and 2nd floors only)
      21. Wiedemann Hall Lobby
      22. Wilner Commons
      23. Woolsey Hall
      24. University Housing Facilities
    4. Outdoor Designated Areas are limited to the following:
      1. Duerksen Fine Arts Center Amphitheater
      2. John Bardo Center South Patio and North Courtyard
      3. McKnight Courtyard
      4. Outdoor Athletics Facilities
      5. Parking Lots 1N, 1S, 2, 5, 6, 7, 16, 16S, 19, 21, and 21W
      6. Promise Bridge
      7. Rhatigan Student Center Courtyard and Patio
      8. Starbucks and Braeburn Square Parking Lots
      9. Ulrich Museum of Art Patio
      10. Other Outdoor Spaces as Approved by the President or the President's designee
  5. Definitions

    For the purpose of this policy only, the following definitions shall apply:

    1. Alcoholic Liquor: All alcohol, spirits, wine, or beer, as those terms are defined in K.S.A. 41-102, but shall not include any Cereal Malt Beverage.
    2. Alcohol: All Alcoholic Liquor and/or Cereal Malt Beverages.
    3. Athletics Facilities: Cessna Stadium, Charles Koch Arena (including the throwing field), Eck Stadium - Home of Tyler Field, Wilkins Stadium, Student Athlete Center, Willowbend Hitting Facility, Bombardier Learjet Practice Facility, and the Coleman Tennis Complex.
    4. Caterer: Any third-party catering entity approved by the University to be an approved catering company.
    5. Cereal Malt Beverage: 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.
    6. Controlled Affiliated Organizations: Wichita State University Intercollegiate Athletic Association, Inc., Wichita State University Union Corporation, Wichita State University Innovation Alliance, Inc., WSIA Investments Corporation.
    7. Designated Areas: Those specific areas designated by the University where Alcohol may be sold, served, and/or consumed.
    8. Non-Controlled Affiliated Organizations: Wichita State University Foundation.
    9. University: Wichita State University.
    10. University Housing Facilities: University-owned or operated student housing facilities, which includes Shocker Hall, The Suites, and The Flats.
    11. University Premises: University Premises includes University-owned land, buildings, and vehicles; buildings and land leased by the University from an affiliated corporation or a third party; and any other property controlled by the University that is set forth by agreement that the University may restrict access. University Premises may change from time to time, but they are designated annually in the University's Annual Security Report and on its website here.
  6. Administrative Procedure

    1. Requests for the sale, service and/or consumption of Alcohol in Designated Areas must be submitted to the Office of General Counsel a minimum of two (2) weeks in advance of the scheduled event. Exceptions will be made for extenuating circumstances.
    2. All requests for the sale, service or consumption of Alcohol should be made on the WSU Request for Alcohol Form and submitted consistent with the instructions printed on such form.
    3. Proof of any insurance required by this policy must be submitted to the Office of General Counsel with the submission of the Request for Alcohol Form.
  7. Applicable Laws And Additional Resources

    1. K.S.A. 41-101 et seq. Kansas Liquor Control Act
    2. Kansas Board of Regents Policy II.E.17 Consumption, Service and Sale of Alcohol in Non-Classroom Areas
    3. WSU Policy 11.17 / Activities and Events Associated with Athletic Contests
    4. WSU Policy 20.16 / Food and Beverage Policies
    5. WSU Housing and Residence Life Handbook
    6. WSU Request for Alcohol Form
    7. WSU Catering
    8. For confidential counseling and preventative services offered by WSU, please visit the Counseling and Prevention Services website.
    9. Off campus resources for substance abuse services can also be found through the Counseling and Prevention Services website at Resources.
    10. WSU Employees may seek drug and alcohol counseling through the Employee Assistance Program.