Initially approved: January 15, 2002
Revised and Approved by Executive Council:
September 14, 2004
May 2. 2005
June 30, 2008
May 17, 2010
February 4, 2013
October 21, 2013
July 01, 2019
January 31, 2023
February 21, 2023
July 18, 2023
Policy Topic: Governance and Administration
Administering Office: Vice Chancellor for Administration and Finance
It is the policy of Western Carolina University (the “University”) to regulate the service, possession, consumption, and sale of alcohol in University facilities and on University grounds in compliance with applicable North Carolina General Statutes and Jackson County ordinances.
This Policy applies to: (1) all University students and employees; (2) all University contractors and visitors; and (3) all facilities and properties owned, leased or otherwise controlled by the University.
“Alcoholic Beverage” or “Alcohol” means any beverage containing at least one-half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages.
“Athletic Facility” or “Athletic Facilities” means a stadium, athletic facility, or arena, that has received approval from the Board of Trustees for the sale of alcoholic beverages, on the campus or property of Western Carolina University.
“Fortified wine” means any wine of more than sixteen percent (16%) and no more than twenty-four percent (24%) alcohol by volume made by: (1) fermentation from grapes, fruits, berries, rice, or honey; or (2) the addition of pure cane, beet, or dextrose sugar; or (3) the addition of pure brandy from the same type of grape, fruit, berry, rice or honey that is contained in the base wine and produced in accordance with the regulations of the United States.
“Growler” means any portable container designed to hold, transport, and dispense between 32 U.S. fl oz two (2) liters or more of beer.
"Keg" means a portable container designed to hold and dispense three (3) gallons or more of malt beverage.
“Malt beverage” means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage, except unfortified or fortified wine as defined by this Policy, containing at least one-half of one percent (0.5%) but not more than fifteen percent (15%) alcohol by volume.
“Mixed beverage” means either of the following: (1) a drink composed in whole or in part of spirituous liquor and served in a quantity less than the quantity contained in a closed package; or (2) a premixed cocktail served from a closed package containing only one serving.
“Open container” means a container whose seal has been broken or a container other than the manufacturer’s unopened original container.
“Sale” means any transfer, trade, exchange, or barter, in any manner or by any means, for consideration.
“Spirituous liquor” means distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and all other distilled spirits and mixtures of cordials, liqueur, and premixed cocktails, in closed containers for beverage use regardless of their dilution.
“Unfortified wine” means any wine of sixteen percent (16%) or less alcohol by volume made by: (1) fermentation from grapes, fruits, berries, rice, or honey; or (2) the addition of pure cane, beet, or dextrose sugar; or (3) the addition of pure brandy from the same type of grape, fruit, berry, rice or honey that is contained in the base wine and produced in accordance with the regulations of the United States.
It is unlawful for any person under twenty-one (21) years of age to possess and consume malt beverages, unfortified wine, fortified wine, spirituous liquor or mixed beverages.
It is unlawful to consume fortified wine, spirituous liquor or mixed beverages on any public road, street, highway or sidewalk.
It is unlawful for any person to possess or consume any fortified wine, spirituous liquor or mixed beverages upon any premises when the person has been forbidden to possess or consume that beverage by the owner or other person in charge of the premises.
It is unlawful to transport fortified wine or spirituous liquor in the passenger area of a motor vehicle in other than the manufacturer's unopened original container.
It is unlawful for a person driving a motor vehicle on a highway or public vehicular area to possess an open container or consume alcohol in the passenger area of that vehicle.
It is unlawful for any person to possess an open container or consume alcohol in the passenger area of a motor vehicle while the vehicle is on a highway or public vehicular area.
Except as otherwise permitted by this Policy or other applicable University policies (e.g., University Policy 103 Tailgating), the possession of an open container of any alcoholic beverage or the consumption of alcoholic beverages on University grounds, including vehicular areas, sidewalks and public right-of-ways, is prohibited.
Consistent with State law, the possession and consumption of alcoholic beverages by persons of legal age in residential buildings, including the personal residence of a student living in a residence hall and the Chancellor’s Residence, are permitted. Possession and consumption of alcohol in the public or common areas of student residence halls are prohibited.
The possession, service, and consumption of alcoholic beverages by persons of legal age in specified University non-residential buildings is permitted only as provided in this Section V.C and/or other applicable University policies (e.g., the University Policy on Tailgating.
Event sponsors/organizers must obtain the prior written approval of their Executive Council member, or the Chancellor if the event sponsor is the Executive Council member, before serving alcohol at a University event. Event sponsors must use the standard form of approval available in Section VIII of this Policy. Fourteen (14) calendar days prior to any event, the standard form of approval, with all necessary approvals, must be transmitted to the food service vendor before alcohol may be served at the event.
Malt beverages and unfortified wine may be served, in accordance with the general considerations listed in Section V.C.1 above, in the following University facilities:
Malt beverages and unfortified wine may be served in other University facilities only upon the approval of a specific exception request to the Chancellor or at the direction of the Chancellor.
Except as provided in this Section V.D, no person or organization, including recognized student organizations, is permitted to sell alcoholic beverages on the University’s campus.
Malt beverages and unfortified wine may be sold at events held at the John W. Bardo Fine and Performing Arts Center provided that such sales comply in all respects with State law pertaining to the sale of beer and wine at performing arts centers located on property owned or leased by constituent institutions of the University of North Carolina as well as applicable Jackson County ordinances. Prior to the sale of beer and wine at an event, requisite ABC permits must be obtained by the University’s food services provider and the food services provider shall be responsible for all alcohol sales and compliance with all applicable laws related to sales.
Alcohol or alcoholic beverages may be used for educational purposes in beverage operations, preparation, or evaluation courses in accordance with this Section. The Dean of the academic college and the Program Director, School Director, or Department Head shall ensure that the use of alcohol and alcoholic beverages for educational purposes is in strict conformance with this Policy as well as applicable state and local laws and ordinances. Additionally, the Dean shall, in coordination with the Director or Department Head and the faculty member teaching the class, develop processes to ensure that alcohol is stored safely and securely, used only for educational purposes, and is disposed of properly at the conclusion of classes. A letter addressed to the Provost outlining the course’s compliance with this Policy is required before the class using alcohol or alcoholic beverages for educational purposes is first offered or if there are changes to the process for the storage, use, or handling of alcohol.
Games and contests that reward the capacity to consume large amounts of alcohol or consume alcohol quickly are strictly prohibited on campus. Alcoholic beverages, including cases and kegs of beer, shall not be provided as prizes or awards to students or recognized student organizations.
This Policy shall be reviewed and revised as necessary every three (3) years.