Alcoholic Beverages on Campus

Policy Information
Policy TitleAlcoholic Beverages on Campus
Responsible OfficeVice President for Student Affairs
Policy TypeInstitutional Services
Policy Number505
Last Revision Date1/12/2021

ALCOHOL POLICY AT UNIVERSITY-SANCTIONED EVENTS

BACKGROUND:

Binghamton University has long had a strong commitment to providing an environment that promotes academic, social and personal development. In keeping with this commitment, the following policy governing the sale and service of alcoholic beverages on campus at University-sanctioned events has been formalized.

ACCOUNTABILITY:

Binghamton University Auxiliary Services (BUAS), reporting through the Division of Student Affairs, has the primary responsibility for the oversight, appeals process and periodic review of the policy, with assigned campus stakeholders as partners to ensure campus compliance. In addition, it is the responsibility of any individual or group coordinating an event to review Binghamton University’s Alcohol Policy to ensure compliance and enforcement.

POLICY:

When the responsible use of alcoholic beverages at University-sanctioned events is appropriate, such use must be consistent with the University’s mission, vision and responsibilities to all members of the University community. All sales and service of alcoholic beverages must be provided in adherence with and subject to enforcement of all federal, state and local laws concerning alcohol and alcoholic beverages. The terms “alcohol” and “alcoholic beverages” are used interchangeably throughout this policy.

A. USE OF ALCOHOLIC BEVERAGES ON CAMPUS

  1. Persons under 21 are prohibited from purchasing, possessing or consuming alcoholic beverages.
  2. Persons 21 and over are prohibited from possessing open containers and consuming alcoholic beverages except in authorized residence hall rooms, suites, apartments, licensed dining facilities or authorized campus buildings during University-sanctioned events.
  3. Possession of open containers and/or the consumption of alcoholic beverages is prohibited on University grounds, including in all common areas and athletic fields, by any person regardless of age, except at University-sanctioned events when appropriate arrangements have been made.
  4. Persons 21 and over are prohibited from removing alcoholic beverages from or bringing such beverages into dining facilities or University-sanctioned events.
  5. All persons are prohibited from possessing or consuming from bulk containers of alcohol.
  6. State funds may not be used for the purchase of alcoholic beverages.
  7. Under no circumstances may individuals bring their own alcoholic beverages for personal consumption to an event held on campus unless approved by the Office of the President (or designee). Very limited exceptions to the policy may include specific University approved events (i.e. Homecoming Tailgate) or Ceremonial Use.
  8. Sponsor(s) of social events at which alcohol is served assume full responsibility for the enforcement of all federal, state and local laws and University policies with respect to the consumption of alcohol. This responsibility includes serving appropriate amounts of non-alcoholic beverages and food at events where alcohol is served.
  9. Permission for serving alcohol may be obtained by following the Procedure for Requesting Permission to Serve Alcohol at University-Sanctioned Events. (See Appendix A)
  10. Proof of age with photo identification is required and must be presented to the appropriate “responsible person” as designated on the Procedure for Requesting Permission to Serve Alcohol at University-Sanctioned Events form at all functions where alcoholic beverages are served and students are present. The following are acceptable forms of proof:
    1. a valid driver's license
    2. an official state or federal ID
    3. a passport
    4. military identification
  11. On the occasion of gift-giving between colleagues, or single-item raffle items for University-sponsored events, such gifts containing alcoholic beverages shall not be given to persons under the age of 21, nor opened or consumed on University property.

B. NY State Requires License to Serve or Sell Alcohol at University-Sanctioned Events:

  1. Only persons twenty-one (21) years of age or older are legally entitled to possess, purchase, be sold, given or served alcohol.
  2. Any event at which alcoholic beverages are sold or served requires a license from the New York State Liquor Authority. The sale of alcoholic beverages under the terms of State law and University policy is permitted at the licensed premises of Binghamton University Dining Services.
  3. Any alcoholic beverages sold or served outside of the licensed premises requires a special liquor permit from the State of New York. This includes events or performances where tickets are sold and alcohol is provided free of charge or in exchange for a purchased ticket. This permit must be secured through Binghamton University Dining Services and arranged at least 30 business days in advance in order to allow time for the State permit to be issued.
  4. Any person who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the age of 21 years, whether resulting in his/her death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of 21 years.
  5. For additional information regarding the Alcohol Beverage Control laws see http://www.sla.ny.gov/.

C. ALCOHOL POLICY VIOLATIONS:

  1. Violations of laws, regulations, rules, statutes or policies covering the use and distribution of alcoholic beverages may lead to University discipline or legal action. The University reserves the right to discipline students and/or employees found to be in violation of this policy or in violation of applicable laws related to the possession or consumption of alcoholic beverages. The institution may impose penalties for violations of standards of conduct up to and including expulsion, termination of employment and criminal prosecution. Any disciplinary action resulting from violations of this policy shall be administered in a manner consistent with the term of the applicable collective bargaining agreement and/or Student Code of Conduct and/or other applicable provisions of state law, SUNY and/or Binghamton University policy.
  2. The sponsoring organization/department/entity is responsible for the condition of the facility where an event is held, and may be denied future use of the facility, and may be required to pay restitution, if the facility is left in poor condition, if damage occurs, or if the laws, regulations, rules, statutes or policies governing the use and distribution of alcoholic beverages and other Binghamton University policies are not followed.

D. POLICY ENFORCEMENT:

The University President or designee reserves the right to terminate any event, with or without notice, which does not adhere to the requirements outlined in this policy. Additionally, the University President or designee may terminate any event that becomes dangerous or disruptive to the instructional and business functions of the institution. Failure to comply with this policy may result in the disciplinary or other remedial actions including removal of alcohol by University Police from University premises

APPENDIX A:

Procedure for Requesting Permission to Serve Alcohol at University-Sanctioned Events:

  1. Any organization sponsoring an event at which alcohol will be served must first reserve a campus facility following University procedures to request a space. B-There
  2. An “Application for Permission to Serve Alcoholic Beverages” form must be submitted to Binghamton University Dining Services Catering BUDS Catering Services as the entity that holds the valid New York State liquor license for the campus, no less than 30 business days prior to the event. Forms submitted less than 30 business days in advance of the event are not guaranteed approval. The application is then forwarded to the Director of Auxiliary Services for approval.
  3. If the event is to be held in an area licensed by Binghamton University Dining Services (such as the Anderson Center President’s Reception Room, TAU Clubroom in the Events Center and the Chenango Room), beverages containing alcohol must be catered by Binghamton University Dining Services (BUDS).
  4. If an event is to be held in an area not licensed by Binghamton University Dining Services, but the alcoholic beverages are to be catered by BUDS, then BUDS may apply for an extension of its license through the NYS Liquor Authority to cover the one-time event and approved in advance by the Director of Auxiliary Services.

Procedure for Liquor License Application:

  1. ) Contact the Binghamton University Dining Services Catering office at least 30 business days prior to the event to place a food and beverage order. It must include: date, location, start and end time, number of guests and menu.
  2. ) The Catering office processes orders in the Catertrax system and sends an electronic copy to requestor for review and submits the “Application to Serve Alcohol” paperwork for University approval.
  3. ) Once the application has been approved by the University it is sent to legal for approval, then to the New York State Liquor Authority. The application fee is included on requestor’s final invoice for the event.
  4. ) The NYS Liquor Authority approves (or denies if the application does not meet the required guidelines) and, once approved returns the Caterers Permit (license) to the Catering office prior to the event, which is then kept on file in the Catering office.

5. All alcoholic beverages are to remain within the facility or area designated by the license. Beverages not consumed will remain the property of Binghamton University Dining Services in accordance with the laws of New York State.

6. Non-alcoholic beverages (other than water) must also be available at functions where alcohol is served, and must be available for the duration of the function. All events involving the distribution of alcoholic beverages must include the serving of food items in sufficient quantity. The total amount of alcohol permitted at an event is dependent on the facility, the number of people and composition of group expected to attend and duration of the event.

7. The sale or serving of alcoholic beverages to any individual will be refused in cases of the appearance of inebriation or misconduct.

APPENDIX B:

Advertising and Promotion of Alcohol

A. Alcohol Advertising

In addition to the University Posting Policy, alcohol advertising must also comply with the following policies:

  1. Event advertisements should not state or imply by words or graphics the excessive use or abuse of alcoholic beverages. Examples include, but are not limited to, graphics suggesting a person may be intoxicated, terms like “Drink till you drop,” that consuming alcohol may lead to sex and drink/price specials. It also may not place emphasis on quantity or frequency of use.
  2. Event advertisements may not suggest or encourage by words or graphics illegal consumption of controlled substances, including alcohol and other drugs.
  3. Alcohol advertising on campus or in institutional media, including that which promotes events as well as products, should not portray drinking as a solution to personal or academic problems or as necessary to social, sexual or academic success.
  4. Alcoholic beverages and related products (e.g. cups with an alcohol name brand printed on them) may not be provided as awards or giveaways. This also includes providing certificates or coupons used to obtain alcoholic beverages at a later time or place.

APPENDIX C:

Definitions:

  • Alcohol: Any beverage classified as an “Alcoholic Beverage” shall have the same meaning and definition as provided by the laws of the State of New York.
  • Appropriate Approver: Approver with authority, responsibility and accountability for the act of approving.
  • Approval: Final permission or acknowledgement from appropriate approver.
  • Approved Server: A business entity appropriately and currently licensed by New York State’s Alcohol Beverage Control (ABC). This may also include TIPS or equivalent training for individual servers.
  • Campus: Binghamton University owned and leased properties, including satellite locations.
  • Caterer: Binghamton University Dining Services Catering (BUDS) or another approved caterer.
  • Ceremonial Event: A University-sanctioned gathering of affiliated people who will potentially consume one portion per person.
  • Ceremonial Use: In limited circumstances, with prior approval, a Ceremonial Event sponsor may be permitted to provide one portion per person of alcohol for ceremonial purposes (i.e. such as a champagne toast or the conclusion of a dissertation defense).
  • Employee: Any person defined as an employee in Human Resources Policy, including student employees, and shall mean employees acting within the course and scope of employment. Employee shall not mean a volunteer or independent contractor.
  • New York State’s Alcohol Beverage Control (ABC) Law: The laws of New York State’s Alcohol Beverage Control Law (ABC) prohibit anyone under the age of 21 from purchasing alcohol. Furthermore, it is against the law to serve an underage or intoxicated person.
  • Registered Student Organization: Registered student organization means a student group registered and in good standing with the formal requirements for University recognition.
  • Satellite Locations: Owned and operated by and affiliated with Binghamton University, include but are not limited to ITC, Downtown Center, Pharmacy School, Nursing School, etc.
  • Student: Individual enrolled in any credit or non-credit course or participating in any academic program administered by the University.
  • University-Affiliated Organization: The Research Foundation at Binghamton University, BU Foundation, Alumni Association, BASC, contracted organizations or other entity so designated by the President.
  • University-Sanctioned Events: Functions, programs, receptions and other activities that:
  1.  Occur on University property;
  2.  Are sponsored by the University:
  3.  Are promoted, advertised or recognized as a University activity;
  4.  Are paid for through use of any University funds; or
  5. Are sponsored by a registered student organization and held on University property or at the organization’s off-campus facility.
    University Property/Premises: Any real property, land, buildings, facilities and other property under the primary control of the University through ownership, lease or other means.
    Visitor: Any person on University property who is neither an employee nor a student, including invited guests of the University.

CONTACT INFORMATION:

  • Questions regarding the requested space should contact the appropriate approver of desired space. More information on making a room / space reservation can be found at the B-There website. B-There
  • Food-related questions or catering requests, contact Binghamton University Dining Services https://binghamton.sodexomyway.com/
  • Questions regarding this policy, contact Binghamton University Auxiliary Services by emailing: auxserv@binghamton.edu.

RESOURCES/LINKS:

RELATED POLICIES / PROCEDURES:

For Binghamton University policies and procedures refer to the Student Handbook, the Student Code of Conduct, Alcohol and Other Drug Use Policy, the Alcohol-free and Drug-free Workplace Policy, the Policy on Alcohol and Substance Abuse in the Workplace, the Food Policy and the Faculty-Staff Handbook.