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Handbook of Operating Procedures
Chapter 9 - General Provisions
Previous Publication Date: May 30, 2002
Publication Date: June 1, 2022
Policy Reviewed Date: September 10, 2021
Policy Owner: President


9.16 Use of Alcoholic Beverages


I. POLICY STATEMENT


The University of Texas System (UT System) Regents’ Rules and Regulations, Rule 80102, prohibits the use of alcoholic beverages on property and in buildings owned or controlled by UT System or The University of Texas at San Antonio (UTSA). However, the university president, or his or her designee, may waive this prohibition with respect to any university-sponsored event. State law relating to alcoholic beverages remains strictly enforced at all times. 


II. RATIONALE


This policy sets forth guidelines and procedures on the use, possession and consumption of alcoholic beverages at university-sponsored events or on property or in buildings owned or controlled by UTSA. 


III. SCOPE


  1. This policy applies to anyone who attends university-sponsored events or is on property or in buildings owned or controlled by UTSA.
  2. This policy does not apply to:
    1. areas that are licensed under State law for the sale and service of alcoholic beverages;
    2. a Special Use Facility(See UTSA HOP policy 8.06, Special Use Facilities) during use by a non-UTSA individual, group, association or corporation for purposes permitted by and consistent with HOP 8.06; or
    3. property, buildings or facilities that are occupied by a third party pursuant to a written lease or occupancy agreement that does not specifically exclude alcoholic beverages.

IV. WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter9/9.16.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


  1. UTSA or UT System Policies or the Board of Regents' Rules & Regulations
    1. Board of Regents’ Rule 80102, Alcoholic Beverages
    2. Board of Regents’ Rule 80106, Special Use Facilities
    3. Board of Regents’ Rule 10501, Delegation to Act on Behalf of the Board
    4. UTSA HOP policy 8.06, Special Use Facilities
    5. UTSA HOP policy 9.48, Carrying of Concealed Handguns on Campus
  2. Other Policies & Standards
    1. General Appropriations Act – Article III
    2. Texas Alcoholic Beverage Code
    3. Texas Education Code Section 51.202 – Rules and Regulations; Penalty

VI. CONTACTS


If you have any questions about this HOP policy 9.16, Use of Alcoholic Beverages, contact the following office:

Office of the President
210-458-4101
president@utsa.edu


VII. DEFINITIONS


  1. University-sponsored: An event where a budgeted office, department or division of UTSA is responsible for organizing the event, inviting attendees, and paying expenses related to the event, except that such an event is considered to be sponsored even if an outside entity pays for the food and beverages at the event. Meetings or events organized and presented by registered faculty, staff, or student organizations are not events sponsored by UTSA
  2. University Sponsor: A budgeted office, department, or division of the UT System or of UTSA authorized by its dean or vice president to sponsor an event.

VIII. RESPONSIBILITIES


  1. President
    1. Designates the responsibility for reviewing and approving requests for the use, possession or consumption of alcohol at university-sponsored events to each vice president. A vice president seeking approval for an event sponsored by the vice president is not delegated approval authority and must seek approval from a senior vice president.
  2. Vice President
    1. Reviews and considers for approval requests for the use, possession or consumption of alcohol at university-sponsored events. All approvals must be consistent with this policy.
  3. University Sponsor
    1. Prepares and submits the request for the use, possession or consumption of alcohol for a university-sponsored event for review by the vice president that oversees the area of the requesting unit.
    2. Must have a representative, approved by the vice president of the overseeing unit, attend the entire duration of the function where alcohol is permitted to be served.
    3. Ensures compliance with applicable state laws, the Texas Alcoholic Beverage Commission (TABC), UT System and UTSA rules and policies.
    4. Certifies that all expenses related to the event, including the purchase of the alcoholic beverages, must be charged to an account of the sponsoring unit. Alcoholic beverages must be charged to the sponsoring department's "30" funds account. No funds under the control of intercollegiate athletics may be used to purchase alcoholic beverages.
  4. UTSA Police Department
    1. Determines if police will be required at a university-sponsored event where alcohol is permitted to be served. If police are required for the event, the university sponsor will be assessed fees to pay the personnel.

IX. PROCEDURES


  1. Waiver request and review process
    1. All requests to use alcoholic beverages at university-sponsored events must be made onRowdyLink at least ten (10) business days before the event.
    2. Once a request has been initiated, the appropriate vice president reviews and considers approval of the request.
    3. For approved requests, the UTSA Police Department requires at least five (5) business days before the event to make a determination whether security personnel will be required for the event. Notice to the UTSA Police Department will be through RowdyLink.
  2. Prior to approving a request to serve alcoholic beverages at a university-sponsored event, the following must be included in the event plan:
    1. Food must be available at all functions where alcoholic beverages are served.
    2. A TABC-licensed caterer/bartender (as required by the TABC) must be used when there is an exchange of funds at an event at which alcohol will be served. An exchange of funds includes entry fees (e.g., tickets, donations, etc.) or providing a tip jar for the bartender.
    3. UTSA supports and encourages the responsible use of alcohol by those of legal drinking age; therefore, if attendance by persons under the legal drinking age can be reasonably expected to attend an event, the university requires that a TABC-licensed caterer/bartender be used.
    4. A TABC-licensed caterer/bartender must be used when serving alcohol at a university-sponsored event at a venue on campus or at a location that the university leases for an event. 
    5. When serving alcohol at a university-sponsored event at a venue that the university does not own or lease, and that does not require a TABC license to serve alcoholic beverages, including a private home or residence:
      5.1 All pertinent laws, regent rules, and university policy regarding alcoholic beverages must be observed.
      5.2 It is strongly recommended that a TABC-licensed caterer/bartender be used.
      5.3 The area where the alcohol is being served should be monitored to ensure that only invited guests participate in the event.
      5.4 It is strongly recommended that the homeowner possess liability insurance that will cover personal liability for accidents or injuries that may be suffered by guests at university-sponsored events hosted in or at a private home or residence where alcoholic beverages are provided.
    6. Any other consideration deemed relevant by the vice president reviewing the request.

X. SPECIAL INSTRUCTIONS FOR IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES


  1. RowdyLink:
    https://rowdylink.utsa.edu/

XII. APPENDIX


None


XIII. Dates Approved/Amended


06-01-2022
05-30-2002