President's Directive No. 1

Program: Guidelines Concerning Use of Alcoholic Beverages and Controlled Substances on University Property

Implementation of Directive 1

I. INTRODUCTION

The following implements President’s Directive No. 1, reissued on January 3, 2022 (“Directive”). Questions concerning either the Directive and/or the University’s program (“Program”) should be directed to the Chief of the University Police, the Events and Facilities Use Planning Office or the Office of Risk Management. A copy of the Directive is available on this website and in the main lobby areas of Contracts and Procurement, located in CP-300; and Human Resources, Diversity and Inclusion, located in CP-700.

Each University auxiliary is responsible for establishing procedures that align with those outlined in the Directive and this Program.

II. USE OF CONTROLLED SUBSTANCES

The University prohibits the possession, manufacture, sale, service, purchase, display, and/or consumption on University property of any controlled substance, including marijuana.

III. GENERAL REQUIREMENTS FOR ALL EVENTS SERVING ALCOHOLIC BEVERAGES

A. Approval

1. At least 15 calendar days prior to any event, including advertising or promotional events, on University property at which alcoholic beverages will be served, the University entity sponsoring the event will provide to the Vice President for Human Resources, Diversity and Inclusion or designee a written proposal that includes:

a. The name and contact information of the person in charge of the event.

b. The name of the event, date, time (start/finish) and location.

c. The nature of the event and whether it is open to the public.

d. The number of expected attendees and whether minors will attend.

e. The types of alcoholic beverages to be served.

f. The vendor who will serve the alcoholic beverages.

2. The Smartsheet form to submit the written proposal is available at this link.

3. University Police and Risk Management will review the proposal to ensure compliance with CSU Executive Order 1109, the Directive and this Program. University Police will also determine the number of Community Service Officers and/or sworn officers to be assigned to the event, if any. Risk Management will determine whether additional insurance related to alcohol service is needed for the event. The University entity sponsoring the event is responsible for these costs, if any. Exhibit A contains a copy of CSU Executive Order 1109.

4. University Police and Risk Management will forward a recommendation as to whether alcoholic beverages should be served at the event to the Vice President for Human Resources, Diversity and Inclusion or designee, who will make the final determination. The Vice President for Human Resources, Diversity and Inclusion or designee may grant exceptions to the Directive or this Program. Such exceptions must be in writing and prior to the event.

B. Server’s Responsibilities

1. The service of alcoholic beverages on University property must be conducted in accordance with all applicable state and local laws, including the California Alcoholic Beverage Control Act, any regulations under the auspices of the California Department of Alcoholic Beverage Control (CDABC), the Directive and this Program.

2. Whenever required by the CDABC, the vendor providing alcohol service (Server) and/or the event host (when permitted by CDABC) must submit to the University a license issued by the CDABC indicating it is allowed to serve alcoholic beverages on University property on the date of the event.

3. All servers of alcoholic beverages and on-site supervisors must be currently eligible under the California Responsible Beverage Service Training Program and follow all requirements of the CDABC. At a minimum, servers and on-site supervisors must be able to do the following:

a. Identify an altered or otherwise invalid ID.

b. Identify a customer who has had too much to drink.

c. Notify a customer that they will not be served any additional alcoholic beverages.

d. Notify the appropriate security or law enforcement personnel if a customer exhibits behavior that suggests they may be intoxicated.

4. Server must comply with the following service guidelines:

a. Identification of all customers appearing to be under 30 years of age wishing to be served alcohol must be checked.

b. All customers with a valid ID and/or who appear to be over 30 years of age must receive a wristband, unless the University has agreed to an alternative in writing in advance of the event. For recurring events such as athletic contests, wristband colors must change for every event.

c. No one without a wristband may be served alcoholic beverages.

d. No one should receive a wristband if there is any question whether an ID is valid.

e. Customers may not be served more than two (2) alcoholic beverages per transaction.

If an event will last no more than one (1) hour, alcohol service must end at least 15 minutes before the end of the event. If an event will last no more than two (2) hours, alcohol service must end at least 30 minutes before the end of the event. If an event will last more than two (2) hours, alcohol service must end at least 45 before the end of the event.

f. If the event involves table service, alcohol bottles may not be left on the table.

g. Alcoholic beverages may not be served after “last call”.

h. No one should be served who is presumed to be intoxicated.

5. If a Server other than the CSU Fullerton Auxiliary Services Corporation (ASC) is serving alcoholic beverages on University property at a University event, the Server must sign an agreement with the Cal State Fullerton Philanthropic Foundation that sets forth the Server’s training, service, insurance and licensing requirements. For non-University events, the facility user is responsible for the Server’s compliance with the training, service, insurance and licensing requirements outlined in this Program.

6. Server is required to provide evidence of the following insurance coverages with minimum limits as shown. Server is solely responsible for payment of all policy premiums and assessments.

a. General Liability (GL): Comprehensive or commercial form

$1,000,000/Occurrence

$2,000,000/General Aggregate

$1,000,000/Products-Completed Operations Aggregate

b. Business Automobile Liability (AL): Owned, Scheduled, Non-Owned and/or Hired Automobiles

$1,000,000/Occurrence, combined single limit

c. Liquor Liability (LL): Comprehensive or commercial form

$1,000,000/Occurrence

$2,000,000/General Aggregate

GL, AL and LL policies require an Additional Insured Endorsement.

d. Workers’ Compensation: As required under California State Law with Employers’ Liability coverage:

$1,000,000/Accident, Disease each Employee and Disease Policy Limit

C. University’s Responsibilities

1, The University entity sponsoring the event must comply with the following guidelines:

a. Attendees may not bring alcoholic beverages into the event and may not leave the event with alcohol. An exception to the latter may be made if the alcoholic beverage was a prize or purchased at a silent auction and is in its original packaging in a closed container.

b. Wristbands are not transferrable.

c. Donated alcoholic beverages may not be served unless the donation is received from a distributor of alcoholic beverages or a business licensed to serve alcohol.

d. An adequate supply of non-alcoholic beverages and appropriate food items must be available before, during and after the time period alcoholic beverages are allowed to be served.

2. Signage with the text below must be visible in areas where alcoholic beverages are served.

a. Anyone appearing to be under 30 years of age will be asked to provide identification before being served alcoholic beverages.

b. Wristbands are required to purchase or consume alcoholic beverages. Individuals are subject to removal for purchasing or consuming alcoholic beverages without a proper wristband.

c. Providing or purchasing alcoholic beverages for underage individuals is against the law. Individuals will be subject to arrest and/or University discipline for providing or purchasing alcoholic beverages to underage individuals.

d. Underage purchase or consumption of alcoholic beverages is against the law. Underage individuals purchasing or consuming alcoholic beverages are subject to arrest and/or University discipline.

D. Special Event Insurance and UPD Presence

1. As a general rule, the purchase of special event insurance and the assignment of Community Service Officers and/or sworn officers are required for all events at which alcoholic beverages are served. The University entity sponsoring the event is responsible for these costs, if any. Please refer to Exhibit B for details concerning the granting of exceptions to these requirements. Please note that even if special event insurance is not required related to the service of alcohol, it may be necessary for reasons such as a food server not approved by the University.

2. Exceptions to the requirement to purchase special event insurance will not be granted if the Server does not have sufficient general liability and/or liquor liability insurance as outlined in Section III.B.6 above.

E. Advertising and Promotion

Any advertising and promotion of alcoholic beverages on University property must comply with the provisions of CSU Executive Order 1109. In addition, such advertising and promotion must comply with the following:

a. Programs marketing alcoholic beverages held on University property must avoid demeaning sexual or otherwise discriminatory portrayals of individuals.

b. Alcoholic beverages may not be provided as awards to individuals or campus organizations.

c. Uncontrolled sampling as part of any marketing program, including “drinking games”, is not permitted.

d. The consumption of alcoholic beverages may not be the sole purpose of any promotional event.

IV. SALES AND SERVICE OF ALCOHOLIC BEVERAGES AT UNIVERSITY ATHLETICS EVENTS ON UNIVERSITY PROPERTY

All of the general requirements set forth in Section III above apply to University athletic events, except as noted below.

A. Service

1. Alcoholic beverages service may begin no earlier than 60 minutes prior to the start of an athletic event.

2. Beer may only be served in cups that hold 20 ounces or less.

3. Wine may only be served in cups that hold 8 ounces or less.

4. Service of alcoholic beverages must end by no later than the start of the:

a. 2nd half for men's and women's soccer.
b. 2nd half for men's and women's basketball.
c. 3rd set for women's volleyball.
d. 5th inning for softball.
e. 7th inning for baseball.
f. 3rd inning of the 2nd game of a softball or baseball doubleheader.

5. The service of alcoholic beverages at athletic events not listed above will be determined on a case-by-case basis.

B. Security

1. Appropriate levels of security must be maintained at athletic events where alcoholic beverages are served.

2. Contracted security/University Athletics events personnel will conduct bag searches at all public entrances and/or exits to prevent alcoholic beverages from entering or leaving athletic facilities.

3. UPD and University Athletics event management staff will coordinate the appropriate UPD staffing for athletic events; however, a minimum of two (2) University uniformed, special duty police officers must be present at any event where alcoholic beverages are served.

4. UPD and University Athletics will coordinate and identify selected events to have "plain clothes" special duty police officers to monitor and enforce this Program. These individuals will work in conjunction with uniformed special duty police officers, ASC and University Athletics employees, and any contracted security employees at the event.

C. Information to Event Attendees

1. The following promotions on video boards (if available) and on PA announcements must occur at all University Athletics facilities where alcoholic beverages are served:

a. A minimum of two (2) spots shown before and during each game/match that promote responsible consumption of alcohol.

b. A minimum of two (2) PA announcements before and during each game/match that promote responsible consumption of alcohol.

c. A minimum of two (2) spots shown before and during each game/match that remind all attendees that underage drinking is against the law, and any violation is strictly prohibited.

d. University Athletics facility managers will assist patrons with ride service for anyone who notifies them they would like to get a ride home (cost of ride is responsibility of individual who requested assistance).

V. CONSUMPTION OF ALCOHOLIC BEVERAGES IN RESIDENCE HALLS

Alcoholic beverages may be consumed or possessed in University residence halls only in accordance with Housing and Residential Engagement’s Student Housing Policies.

VI. RESPONSIBILITIES

All of the general requirements set forth in Section III above apply to the residence halls, except that alcoholic beverages may be consumed or possessed in University residence halls only in accordance with Housing and Residential Engagement’s Student Housing Policies.

The Vice President for Human Resources, Diversity and Inclusion
The Vice President for Human Resources, Diversity and Inclusion is responsible for overall coordination of the Directive and this Program, including ensuring that the University complies with all University policies; federal, state and local laws, including the California Alcoholic Beverage Control Act; and any regulations issued by of the California Department of Alcoholic Beverage Control at any event on University property where alcoholic beverages are served.
CSU Fullerton Auxiliary Services Corporation (ASC)

1. The ASC, which maintains the University’s liquor license, ensures that the University complies with all University policies; federal, state and local laws, including the California Alcoholic Beverage Control Act; and any regulations issued by the California Department of Alcoholic Beverage Control at any event on University property where the ASC is serving alcoholic beverages.

2. ASC signs contracts with servers of alcoholic beverages or facilities users at events on University property controlled by ASC or ASC property and places special event insurance when necessary through AORMA for auxiliary events on University property or ASC property.
CSU Fullerton Philanthropic Foundation (CSUFPF)
The CSUFPF signs contracts with servers of alcoholic beverages at University events on University property and places special event insurance when necessary through CSURMA for these events.
Associated Students, Inc. (ASI)
ASI signs contracts with servers of alcoholic beverages or facilities users at events on University property leased to or controlled by ASI and places special event insurance when necessary through AORMA for these events.
University Police Department
UPD will review proposals to serve alcoholic beverages on University property to ensure compliance with Executive Order 1109, the Directive and this Program and determine appropriate staffing for these events.
Events and Facilities Use Planning Office
The Events and Facilities Use Planning Office staff obtains insurance and logistics information from external Servers to enable University Police Department and Risk Management to recommend whether alcoholic beverages may be served at an event hosted by an external entity on University property.
University Athletics
University Athletics staff obtains insurance and logistics information from external Servers to enable University Police Department and Risk Management to recommend whether alcoholic beverages may be served at an event hosted by Athletics on University property.
University Advancement
University Advancement staff obtains insurance and logistics information from external Servers to enable University Police Department and Risk Management to recommend whether alcoholic beverages may be served at an event hosted by Advancement on University property.
Fullerton Arboretum
Fullerton Arboretum staff obtains insurance and logistics information from external Servers to enable University Police Department and Risk Management to recommend whether alcoholic beverages may be served at an event hosted an external entity at the Arboretum.
Contracts and Procurement
Except as noted in paragraphs B and D above, Contracts and Procurement signs contracts with facilities users for events on University property at which alcoholic beverages will be served and places special events insurance when necessary through CSURMA for these events.
Risk Management
Risk Management reviews proposals to serve alcoholic beverages on University property to ensure compliance with Executive Order 1109, the Directive and this Program. Risk Management also maintains any website related to the Directive and this Program, as well as the approval request form.