The College’s policies and procedures governing the use of alcohol at events which are under the supervision of the College, whether these occur on or off the campus, reflect the following considerations:
A. Recent changes in societal attitudes regarding the use and abuse of alcohol, coupled with the general concern for its impact on the public’s health and well-being, have been mirrored in changes in local and state laws.
B. An increasingly litigious society makes all individuals and organizations who serve alcohol and those who sponsor events at which alcohol is provided, regardless of the public or private nature of the event, vulnerable to great liability.
C. Confusing messages are sent frequently about the role of alcohol in contemporary society; a formal educational program which promotes the responsible use of alcohol is important so that members of the College Community are better able to make informed choices about their behavior.
D. The College – as a public agency – expects adherence to the laws of the State of New York and/or other jurisdictions in which a College-sponsored events occurs. No special exemption from civil or criminal law exists for members of College community.
The College recognizes that the abuse of alcohol is a very serious problem which is detrimental to the individual student, to the educational process, and to the learning environment. Accordingly, the College provides confidential counseling and help for those who have problems with alcohol abuse through the Counseling Center and Health Services. Purchase College is committed to fostering an environment that will offer alternative academic and social settings to mitigate against alcohol abuse; e.g., maintaining facilities open to students for socializing after hours; library, studio, and/or study settings that encourage student scholarship; and appropriate social/academic programming that will engage student interest and participation, particularly on weekends.
II. Legal Background
College policy governing the use and abuse of alcohol beverages reflects three New York State Laws and two ordinances of Town of Harrison, each of which is summarized here:
A.Alcoholic Beverage Control Law, Section 65 (Prohibited Sales):
No person shall sell, deliver, or give away or cause or permit or procure to be sold, delivered or given away any alcoholic beverages to:
1. Any person actually or apparently under the age of 21 years;
2. Any visibly intoxicated person;
3. Any habitual drunkard known to be such to the person authorized to dispense any alcoholic beverages.
B.Alcoholic Beverage Control Law Section 65 – C (1 and 2) (Unlawful Possession): Except as hereinafter provided no person under the age of twenty-one years shall possess any alcoholic beverage, as defined in this chapter, with the intent to consume such beverage. A person under the age of twenty-one years may possess any alcoholic beverage with intent to consume if the alcoholic beverage is given:
a. to a person who is a student in a curriculum licensed or registered by the state education department and the student is required to taste or imbibe alcoholic beverages in courses which are part of the required curriculum.
b. to the person under twenty-one years of age by that person’s parent or guardian.
C. Alcoholic Beverage Control Law, Section 65 – B (2)(a) (Fraudulent Identification): No person under the age of twenty-one years shall present or offer to any license under this chapter, or to the agent or employee of such license, any written evidence of age which is false, fraudulent or not actually his own for the purpose of purchasing or attempting to purchase any alcoholic beverage.
D. Alcoholic Beverage Control Law, Section 65 – B (3) (Fraudulent Use of Driver’s License): In addition to the penalties otherwise provided in subdivision one of this section, if a determination is made sustaining a charge of illegally purchasing or attempting to illegally purchase an alcoholic beverage, the court may suspend such person’s license to drive a motor vehicle for ninety days if it is found that it was the written evidence of age used for the purpose of such illegal purchase or attempt to illegally purchase.
E. General Obligations Law: Article 11-100 (Known as the Social Host Law): Any person who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the age of 21 years, whether resulting in his death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of 21 years.
F. General Obligations Law: Article 11-101 (Known as the Dram Shop Act); Any person who shall be injured in person, property, means of support or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages.
G. Open Containers Prohibited: Town of Harrison LL#21 978 85 – 4: No person shall consume or ingest alcoholic beverage in any public place or transportation facility within the Town of Harrison. Carrying on the person, holding or possessing any open, unsealed, or partially full bottle, can or container which contains an alcoholic beverage in a public place as hereinabove defined shall constitute prima facie evidence a violation of this section.
H. Open Containers in Vehicles: Town of Harrison LL#21 978 85 – 5: Any open, unsealed, resealed, or partially full bottle, can or container which contains an alcoholic beverage found in any vehicle in any such public place or transportation facility shall be prima facie evidence that the same is in possession of all the occupants of said vehicle and in possession of the person last having control and custody of said vehicle.
III. The Policy
The use of alcoholic beverages by those of legal age is permitted on College property and at College sponsored events in accordance with applicable State Laws and College policies as stated herein. Responsibility for ensuring compliance with these laws and policies rest with each member of the College community, whether student, faculty, or staff.
In compliance with State law and Town ordinance, open containers of alcoholic beverages are permitted in public spaces on campus only at registered events or contract vendor operations. “Public spaces” include hallways, stairwells, lounges, and instructional areas of all buildings.
In support of the responsible use of alcohol, kegs are not permitted on campus except as provided by a contract vendor at registered public events and in food service operations as provided in this policy.
When alcohol is used illegally or when inappropriate behavior accompanies and/or follows the use to alcoholic beverages (e.g. behavior which violates the rights of others in the community or causes personal injury and/or property damage), these actions become a legitimate concern of the College community. Such behavior shall be considered a serious offense and may result in disciplinary, administrative, criminal, or civil action. Campus disciplinary action will be taken through the judicial process and consequences may range from verbal warnings to the most severe disciplinary penalty.
The College provides confidential counseling, educational programs, and other services for those students seeking assistance for problems related to alcohol.
This policy shall be reviewed on an annual basis by the Alcohol and Drug Policy Review Committee who will make recommendations for changes and updates in the policy to the College governance structure.
IV. Policies for personal use and possession in private facilities
A. The College permits personal use and possession of alcoholic beverages by those of legal age in small, informal gatherings in private facilities as provided in this policy. Personal use and possession of alcoholic beverages as defined in this section do not have to be registered.
B. Residence Facilities (Residence Halls & Apartments): In private living units (rooms, suites, or apartments) where none of the assigned residents are 21 years old or older, alcoholic beverages may not be present.
C. Residence Facilities (Residence Halls & Apartments): In private living units (rooms, suites, or apartments) where one or more of the assigned residents are 21 years old or older, alcoholic beverages may be consumed by residents and their guests who are 21 years old or older under the following guidelines:
D. Other Campus Facilities: Students, faculty, or staff members who are 21 years of age or older may consume alcoholic beverages within their office, personal studio, or similar private space in groups of 10 or fewer individuals if permitted under guidelines established by their supervisor and the Dean/Director responsible for managing the building.
V. General Policies for Other than Personal Use
A. Direct or indirect charges for alcoholic beverages may be levied ONLY if provided by a contract vendor with the appropriate license liability insurance coverage. That vendor must operate in compliance with State law and College policies, and will be held accountable for ensuring that enforcement takes place.
B. For both small, private gatherings and large, public open events, everyone wishing to obtain alcoholic beverages, whether sold or given away, must present picture identification as proof of age. This is generally a driver’s license or Sheriff’s I.D. Any question about the legitimacy of such proof with result in denial of service.
C. A reasonable amount of non-alcoholic beverages (other than water) and food must be provided at any event where alcoholic beverages are served. There must be a sufficient quantity and variety of non-alcoholic beverages available at all times during the function to meet the legitimate needs of non-drinkers.
D. Under no circumstance may individual be permitted to bring their own alcoholic beverages to an event where alcohol is being served under the provisions of this policy, nor to a non-alcoholic event.
E. Alcoholic beverages may only be served within the hours indicated at the location stated on the Registration Form, and cannot be removed from that location. Services of alcoholic beverages may not exceed 12 midnight at functions scheduled on Sunday through Thursday and may not exceed 1:30 a.m. for function scheduled Friday and Saturday.
F. All other than Personal Use of alcoholic beverages, such as Small Private Gatherings or Larger, Open, Public events, must be registered with the appropriate Dean/Director responsible for managing the building (Residents Coordinators residence units as stated in sections VI and VII of this policy).
VI. Special policies for small, private gatherings
A small private gathering is defined to include any social event or function larger than that defined as “Personal Use” above but is less than the maximum attendance limitations described below. Small private gatherings are events that are closed to the general public (are not advertised) and generally who will attend is known in advance. For example, the party host(s) should be able to draw up a guest list or invitation list in advance containing the names of those who will be attending.
Small, private gatherings must be registered with the appropriate Dean/Director responsible for managing the building (Residence Coordinators for residence units).
A.Residence Facilities (Residence Halls & Apartments): Small group social events are an important part of life in a college residential setting. Periodically, residents may choose to include alcoholic beverages as part of their refreshments.
B. Other Campus Facilities:
VII. Special policies for larger, open or public events
A. Larger events, or events that are open to the public, that include alcoholic beverages are permitted in College buildings, and in designated spaces outdoors, under directives of this policy. The Dean/Director responsible for managing the building may designate specific programming spaces where these events can occur and may establish additional regulations pertaining to such events. The Dean/Director responsible for managing should discuss with the host(s) prior to registering the event.
B. Larger events or events that are open to the public must be registered with the Dean/Director responsible for managing the building or area they are held, as outlined below, no less than five business days prior to the event, and notice forwarded to the University Police Department. Registration forms are available from the Dean/Director responsible for managing the building and distribution is noted on the form.
C. Alcoholic beverages may only be served within the hours indicated at the location stated on the Registration Form, and cannot be removed from the location. Service of alcoholic beverages may not exceed 12 midnight at functions scheduled on Sunday through Thursday and may not exceed 1:30 a.m. for functions scheduled Friday and Saturday.
D. Hours for events must conform with building hours unless prior approval for an extension has been obtained. Serving of alcoholic beverages must end one-half hour prior to the end of the function. All activity must end by the determined closing time of the program.
E. Guests must be accompanied by a Purchase College student, faculty, or staff member who is responsible for the behavior of the guests. Problems caused by guests without an identifiable host or hostess will be the responsibility of the sponsor.
F. For any event of this type where more than 50 people are in attendance, a separate area must be designated and secured for serving alcoholic beverages. It must be designed or planned so that only persons 21 years of age or older may enter this area to serve or be served. For any event of this type, beverages may not be passed outside this area. Non-alcoholic beverages and food must be available in all areas of the event. Where it is anticipated that more than 50 people will be in attendance, a faculty/staff supervisor must be present throughout the event.
G. Sponsoring groups are responsible for the condition of the facility at the end of an event. Organizations or individuals will be charged for any custodial work required and/or any damage. In addition, future use of camps facilities may be denied.
H. If it is deemed necessary to ensure the safety of individuals or of property at large event, the Dean/Director responsible for the building may require University Police Officers to be assigned. The cost for this extra service will be charged to the sponsor.
I. The availability of alcoholic beverages must not be the central focus of the advertising for the event through direct or indirect reference. If the availability of alcohol is mentioned in advertising, the availability of non-alcoholic beverages must also be included.