5.18.1 Alcoholic Beverages or Controlled Substances on Campus Procedure & Checklist
PURPOSE:
This procedure is to outline steps necessary for approval of limited alcohol use, sale, or distribution on campus. This is consistent with Minnesota State Colleges and Universities (Minnesota State) Procedure 5.18.2.
APPLICABILITY:
Prior to an event involving service of alcoholic beverages or 3.2% malt liquor taking place, the Riverland contact person (requestor) must complete the following information and send it to the college president for review and approval.
The checklist on the following page must be completed to comply with System Procedure 5.18.1 to assure that most potential legal, liability and insurance issues have been addressed.
A copy of this form must be retained in the Office of the President for a period of three years.
INSTRUCTIONS TO COMPLETE EVENT APPROVAL CHECKLIST:
A review of the following information and completion of the approval checklist form is essential prior to approval of an event at which alcoholic beverages, or 3.2% malt liquor will be served.
NAME/DESCRIPTION OF EVENT: Indicate the name of the event (if there is one, e.g. A Founders Club Banquet or University Spring Fling). Give a brief description of the event and its purpose. Since the law is different for types of beverages being served, the type of beverage should also be indicated.
DATE AND TIME OF EVENT: Self-explanatory.
SPONSOR OF EVENT: Indicate if there is a campus club or group, local community organization, or another group that is the actual promoter of the event. This should be the group, organization or individual that is organizing the event.
LOCATION OF EVENT: Indicate where on campus the event is to be held. If this is an off-campus event (albeit sponsored by the institution), also indicate the off-campus location.
MINNESOTA STATE INSTITUTION CONTACT PERSON: This should be the individual the chancellor or others can go to for specific information about the event. This will be the primary contact person for information at the campus.
SPONSOR RESPONSIBLE PERSON: This should be the primary contact person in the group or organization that is sponsoring the event. This may or may not be a state employee.
DISPENSING OF BEVERAGES: It is important to identify who will dispense the beverages and how that person/group will be paid. If the event is catered and the college or university only provides the location, then the state host liquor coverage will defend the institution in the event a claim is brought against it.
INSURANCE PROVIDED: This insurance information is extremely important. 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), the insurance must be purchased through the Department of Administration Risk Management Division per Minn. Stat. 16B.85. If a Minnesota State 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 (651-201-2591, or 651- 201-2593). For state agencies and Minnesota State, insurance up to the statutory limits must be provided. [Per Minn. Stat. 3.736, Subd. 4, the minimum coverage shall be $500,000 per person/$1,500,000 per occurrence] If the event sponsor is not a state agency or Minnesota State, 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 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.
If the event sponsor is not a state agency or Minnesota State, 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 and the state of Minnesota must be added as an Additional Insured on the sponsor’s policy.
LICENSE INFORMATION: Most municipalities require a license for events where alcohol or 3.2 percent malt liquor beverages are being sold. There may be other local restrictions on the service of alcohol as well. The institution and/or sponsor must check with the local authorities to determine if the contemplated event is one that requires some type of license.
SOURCE OF FUNDING: As noted above, no state money may be used to purchase, serve, or underwrite the sale or service of alcoholic beverages or 3.2 percent malt liquor. This includes state general fund, and grant funds. The Attorney General generally considers student activity funds to be "state money" even though the expenditure of these funds does not go through the state treasury. Spending should be limited to donated or foundation money. Please call for guidance on specific questions. If there is a cash bar or the beverages are included in the price of the ticket, the school should not become involved in the financial transaction. Contributions by the foundation or a business should be separate transactions and not a part of the liquor event.
The Attorney General has also advised that payment or donations to an event where alcohol service is incidental to, or part of a meal is also covered by state law relating to liquor (Chapter 340A).
Date of Implementation: February 2013
Date of Adoption: September 2019
Responsible Division / Author: Office of the President
Date & Subject of Revisions: June 2019 Reviewed; Updated logo and policy template; Oct2024 reviewed; technical changes only.