Alcohol Special Event Use Policy

  • Custodian of Policy: VP for Finance & Administration
    Relevant Minnesota State System Policy: Board Policy 5.18
    Effective Date: Fall 2013
    Last Review: Spring 2013
    Next Review: 2019

    Policy

    The use, possession, distribution, manufacture or sale of any alcoholic beverage or illegal drug is prohibited on the campus. The illegal or unauthorized use, possession, distribution, manufacture, or sale of any controlled substance or drugs is prohibited on the campus. An exception for instructional purposes in accordance with Board Policy 5.18 allows for the use of alcohol in laboratory and classroom instruction or experiments. An exception for one-time (single event) use of alcohol or 3.2% malt liquor (beer) may be granted in accordance with Board Policy 5.18.2.

    The one-time (single event) use of alcohol or 3.2% malt liquor (beer) at Minnesota State University Moorhead events shall be allowed under the following criteria:

    1. The President of Minnesota State University Moorhead has been delegated the authority to approve use of alcohol or 3.2% malt liquor (beer) at a specific campus event or at University sponsored events off-campus consistent with Minnesota State System Board Policy 5.18 Alcoholic Beverages or Controlled Substances on Campus, and Minnesota State System Board Policy 5.18.1, Alcoholic Use and Controlled Substances on Campus, www.minnstate.edu/board/procedure/518p1.html
    2. The sponsor of the event must demonstrate compliance with local ordinances and state law with regard to licensing the event.
    3. The state is not insured for dram shop (liquor event) liability. This insurance must be purchased by the event sponsor. If the sponsor is a state agency (other than Minnesota State System), the insurance must be purchased through the Department of Administration Risk Management Division per Minn. Stat. 16B.85. If a Minnesota State System institution (per Minn. Stat. 15.38, Subd. 3) is the sponsor, the insurance must be purchased either on the local market or by arrangement through the Department of Administration Risk Management Division (Marlys Williams, 651-201-2591, or Carol Morgan, 651-201-2593). For state agencies and Minnesota State System, insurance up to the statutory limits must be provided. [Per Minn. Stat. 3.736, Subd. 4, the minimum coverage shall be $500,000 per occurrence] If the event sponsor is not a state agency or Minnesota State System, insurance must be purchased in the local market with minimum limits of $2,000,000 per occurrence/$2,000,000 annual aggregate. The institution, Minnesota State System and the state of Minnesota must be added as an Additional Insured on the sponsor's policy. (For example, frequently a group such as the local Jaycees or Lions will host the event, and they usually already have this kind of insurance.) If the institution purchases its own insurance coverage, it must do so out of non-state-money.
    4. If the event sponsor is not a state agency or Minnesota State System, general liability insurance must also be purchased in the local market with minimum limits of $2,000,000 per occurrence/$2,000,000 annual aggregate. The institution, Minnesota State System and the state of Minnesota must be added as an Additional Insured on the sponsor's policy www.minnstate.edu/board/ procedure/ 518p2.htrnl
    5. The sponsor of the event must complete Minnesota State University Moorhead's Alcoholic Beverages or 3.2% Malt Liquor (Beer) One-Time Special Event Application Form at least 60 days prior to an event involving service of alcoholic beverages or 3.2% malt liquor.
    6. Security requirements for the event will be up to the discretion of the MSUM Public Safety Department.
    7. When the One-Time Special Event Form is approved the event sponsor must complete the Minnesota Department of Public Safety Application and Permit for a 1 to 4 Day Temporary on-Sale Liquor License form. This form along with the application fee (made out to the City of Moorhead or paid by credit card) and a copy of the approved Alcoholic Beverages or 3.2% Malt Liquor (Beer) One-Time Special Event Application Form go to the Moorhead City Clerk office for approval.
    8. The sponsor of the event must take proper steps to insure any person under the legal age as specified by Minnesota statutes is not served any alcoholic beverage or 3.2% malt liquor upon the premises or grounds of Minnesota State University Moorhead or at any Minnesota State University Moorhead sponsored off-campus event.
    9. No state funds may be used to purchase alcoholic or 3.2% malt liquor beverages, insurance, or be used in connection with the services of these beverages.

    Definitions

    Alcoholic Beverage: any beverage containing more than one half of one percent alcohol by volume

    Distilled Spirits: ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy

    Intoxicating Liquor: ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight

    Low Alcohol Malt Liquor: a fermented malt beverage containing two percent or less of alcohol by weight. Notwithstanding any law or rule to the contrary, if either: (a) the term "low alcohol" appears on the label of the beverage container; or (b) a brewer has provided written certification to the Department of Public Safety establishing an alcoholic content of two percent or less by weight; no further label shall be required on that container

    Malt Liquor: any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume

    3.2 Percent Malt Liquor: malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight (Previously termed Non-Intoxicating Malt Liquor)

    Off-Sale: the sale of alcoholic beverages in original packages for consumption off the licensed premises only

    On-Sale: sale of alcoholic beverages for consumption on the licensed premises only

    Wine: the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than 24 percent alcohol by volume for non-industrial use. Wine does not include distilled spirits as defined above.

    Wine Tasting: an event of not more than four hours' duration at which persons pay a fee or donation to participate, and are allowed to consume wine by the glass without paying a separate charge for each glass.

    Rationale

    Minnesota State University Moorhead recognizes that the misuse of alcohol and other drugs is a serious problem in our society and our community. This University seeks to create a campus environment that promotes healthy and responsible living that is conducive to the intellectual and personal development of students. The University is committed to establishing and enforcing clear campus policies regarding the use of alcohol and other drugs.

    Minnesota State University Moorhead complies with and supports the Minnesota State Colleges and University Board of Trustees policy governing alcohol and other drugs on campus, the Drug Free Schools and Community Act, the Drug Free Workplace Act, the Campus Security Act and Minnesota State law.