Initiating Authority

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

Purpose

1. The purpose of this policy is: (1) to state the University's requirements for 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.

Policy

1. Sale, Service, or Consumption of Alcohol on University Premises

   1. No Alcohol may be sold, served, consumed, or provided on University Premises unless all of the following conditions are met:
      1. It is in compliance with all local, state and federal laws and regulations, including the Kansas Alcohol Beverage Control regulations;
      2. It is in accordance with University policies and procedures, including this policy, and the Kansas Board of Regents policies;
      3. It is in a University Designated Area; and
      4. It is approved in advance by the Office of General Counsel, as the delegated authority by the President, except as otherwise set forth in this policy.
2. Non-University Areas. This policy does not apply to the sale, service, or consumption of alcohol at events held in buildings or indoor or outdoor spaces owned or leased by a non-University entity.

3. Advance Approval

   1. Advance Approval Required. Except as set forth below, advance approval from the Office of General Counsel is required for the sale, service, and/or consumption of Alcohol on University Premises.
   2. Conditions for Sale, Service, or Consumption. In the absence of special circumstances as described in Section III.C.3, the Office of General Counsel will only approve the sale, service, or consumption of Alcohol in Designated Areas under the following conditions:
      1. The sale, service, 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 provided by a Caterer licensed to serve Alcohol; and
      3. The sale and/or service of Alcohol is provided by a Caterer that 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 University Intercollegiate Athletic Association, Inc. as an additional insured.
   3. Special Circumstances. The Office of General Counsel may approve, on a limited basis and as designees of the President, the consumption of Alcohol in Designated Areas without a licensed Caterer under the following circumstances:
      1. The meeting, event, or program where Alcohol will be consumed has been officially approved by the University and is conducted in furtherance of University business or sponsored by the University;
      2. All activities at the meeting, event, or program where Alcohol will be consumed will be monitored by a University employee;
      3. Alcohol is not served, sold or offered for sale at the meeting, event, or program;
      4. There is no charge of any sort for the privilege of possessing or consuming Alcohol at the meeting, event, or program; and
      5. There is no charge for admission to attend the meeting, event, or program.
   4. 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 and only under the circumstances approved by the Office of General Counsel.
   5. Advance Approval Exception. The University and/or the Wichita State University 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 from the Office of General Counsel.
   6. 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.

4. Compliance with Applicable Law and University Policies for the Sale, Service, 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 meeting, event, or program 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.
   6. The sale, service, possession, and/or consumption of Alcohol by a Registered Student Organization may be subject to additional policies and procedures, as established by the Registered Student Organization Handbook and Policy Manual.

5. Consequences of Failure to Comply

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

University Designated Areas

1. University Designated Areas must be limited, by law, to non-classroom areas.
2. Designated Areas shall be approved by the University President in consultation with the Office of General Counsel. The University maintains an official list of indoor and outdoor Designated Areas, which may be amended as needed from time to time.

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. Caterer: An individual, partnership or corporation that sells alcoholic liquor or cereal malt beverage by the individual drink, and provides services related to the serving thereof, on unlicensed premises that may be open to the public, but does not include a holder of a temporary permit, selling alcoholic liquor or cereal malt beverage in accordance with the terms of such permit.
4. 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.
5. Designated Areas: Those specific areas designated by the University where Alcohol may be sold, served, and/or consumed as approved in accordance with this policy.
6. University: Wichita State University.
7. 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. A list of campus locations may be found in the University's Annual Security Report that is located on the University's Clery webpage.

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.

Applicable Laws and Additional Resources

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

Revision Dates

1. July 01, 1997
2. February 28, 2023
3. April 28, 2026