Alcohol Cereal Malt Beverage
Chapter 3053
Revised April 26, 2018
Table of Contents
.010 Definitions
.020 Service of Alcoholic Beverages
.030 Service of Alcoholic Beverages at Athletic Facilities
.040 Parking Lots on Football Game Days
.050 Alcohol Policy for Student Organizations
.060 Summary of Pertinent Laws
.070 Questions
Related Content
.100 Alcoholic Beverage Request
.110 Locations Listing
The following are the university's requirements pertaining to alcoholic beverages. Requirements regarding service shall be construed also to pertain to possession and consumption.
.010 Definitions
"Alcoholic liquor" includes all alcoholic beverages, except cereal malt beverages containing 3.2% or less alcohol.
“Cereal malt beverage” means 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. It is commonly known as 3.2% beer.
“Alcoholic beverages” includes both alcoholic liquor and cereal malt beverages.
“University property” includes real property that is owned or controlled by Kansas State University.
.020 Service of Alcoholic Beverages
The service of alcoholic beverages is not permitted on university property except in accordance with this policy. Service of alcoholic beverages is subject to the following requirements:
1. Alcoholic beverages may be served on university property only: (1) when approved by the President or the President’s approval designee; and (2) when served in connection with official university events, fundraising activities for university programs, or other events or locations that further the university’s mission.
2. The President’s approval designees are:
For facilities operated by K-State Athletics, Inc. – KSA Board of Directors and Director of Athletics
For the K-State Student Union – Director of the K-State Student Union
For K-State Salina – Dean of K-State Salina
For K-State-Olathe – CEO of K-State-Olathe
For non-Riley County locations controlled by K-State Research and Extension – the Director of KSRE
For all other K-State facilities – Government Relations Coordinator, Office of the President
3. The sponsor or host organization should request approval at least 15 days in advance of any event at which alcoholic liquor is to be served. Each approval designee shall require the sponsor or host organization to complete the designated Alcoholic Beverage Request form. Download the applicable form (pdf).
4. The sponsor or host organization must arrange for the service of alcoholic beverages by a licensed, non-university, approved third-party caterer who carries insurance of at least $1 million per occurrence/$2 million aggregate regarding service of alcohol, and Kansas State University and the Kansas Board of Regents must be designated as additional insureds for the event. Caterers must hold an appropriate liquor license if the event is open to the public. Caterers must also agree to indemnify and hold harmless Kansas State University and the Kansas Board of Regents for any and all liability caused by the negligence of the server or caterer. JP’s Sports Grill may serve alcoholic liquor without a third-party caterer, but only if it maintains the minimum required insurance coverage and obtains the required licensing. K-State Union Bowling Center may serve cereal malt beverages, but only if appropriate licensing is maintained.
5. The licensed caterer used by the organization will be responsible for ensuring that no person under 21 years of age is allowed to consume alcoholic beverages at an event at which they are served. Non-alcoholic beverages and food shall be available in the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages.
6. The sponsor or host organization should be aware that a temporary permit from the Director of Alcohol Beverage Control is needed when any one of the following circumstances exists:
1. The event is open to the public;
2. Attendees purchase alcoholic beverages; or
3. Individuals pay to attend the event, such as a dinner or reception, and receive alcoholic beverages in return for their payment.
No permit is needed when all of the following circumstances exist:
1. The event is by invitation only and is not open to the public; and
2. Attendees do not purchase alcoholic beverages; and
3. Attendees do not receive alcoholic beverages in return for a payment made to attend the event.
7. Under state law, alcohol is permitted in state-owned residences furnished to state officers and employees, and this policy is not applicable.
8. Non-classroom areas in the following buildings and their immediately adjacent outside grounds are the only areas approved for the service of alcoholic liquor at Kansas State University. Download the list of locations (pdf).
9. Cereal malt beverages may be possessed or consumed (without going through the approval process) by those of legal age to possess and consume in private rooms and approved public areas of residence halls.
.030 Service of Alcoholic Beverages at Athletic Facilities
1. The Board of Directors of K-State Athletics, Inc. shall determine the appropriate sale, possession, or consumption of alcoholic liquor or cereal malt beverages at athletic facilities. The Board of Directors shall meet at least yearly to review and approve the scope of alcohol and cereal malt beverage use at athletic facilities, and the Board serves as the President’s approval designee for this purpose. For specific events, the Director of Athletics shall serve as the President’s approval designee. The current K-State Athletics Alcohol Policy (pdf).
2. All sales of alcoholic liquor and cereal malt beverages shall be conducted by a third-party concessionaire (or its subsidiary) designated and/or approved by K-State Athletics, Inc. The concessionaire shall indemnify and hold harmless K-State Athletics, Inc., Kansas State University, the Kansas Board of Regents, and their agents and employees with respect to such sales. The concessionaire shall maintain liability insurance applicable to such sales in an amount determined by K-State Athletics, Inc.
3. Persons attending athletic events will not be permitted to bring in beverage containers. KSU police officers and athletic ticket takers will ask persons bringing beverage containers to the gates to leave them outside or return them to their private vehicles. Any containers found inside the athletic event/stadium will be confiscated.
4. Any disorderly person will be barred from entering an athletic event or will be evicted from the event at the discretion of Athletic Department employees or the KSU police.
.040 Parking Lots on Football Game Days
Alcoholic beverages may be possessed and consumed on football game days on university property used for football game day parking. Sale of alcoholic or cereal malt beverages in parking lots is strictly prohibited.
All possession and consumption of alcoholic or cereal malt beverages in game day parking lots must conform to the following:
1. All possession and consumption of alcohol and cereal malt beverages must be lawful. Persons under the legal drinking age are strictly prohibited from possessing or consuming alcohol or cereal malt beverages on university property.
2. Possession and consumption of alcohol and cereal malt beverages in parking lots may only take place on football game days. Persons may only bring in alcoholic beverages for personal consumption. KSU police will determine whether quantities are in excess of amounts for personal consumption.
3. Consistent with the requirements of this policy, tailgating activity that includes lawful consumption of alcohol and cereal malt beverages is permitted before and during football games on parking lots from five hours before kickoff until the end of the third quarter. Sale of alcoholic beverages in parking lots is prohibited. Containers of a capacity in excess of one gallon are not permitted. Consumption must take place from cups or unmarked containers – no glass. Individuals consuming alcoholic beverages at tailgates will be responsible for their conduct and that of their guests.
4. Non-alcoholic beverages and food must be available wherever alcohol or cereal malt beverages are consumed.
5. Any disorderly person will be barred from entering an athletic event or remaining on Athletics-operated property at the discretion of Athletics Department employees or KSU police. Disorderly persons will be evicted from other university property or parking lots at the discretion of KSU police.
.050 Alcohol Policy for Student Organizations
Notwithstanding any other part of this policy, the following restrictions apply to registered student organizations:
1. Departmental Student Organizations (“DSOs”) and persons acting on behalf of a DSO are not permitted to purchase alcoholic beverages, and they may not provide alcoholic beverages to any person.
2. Independent Student Organizations (“ISOs”) and persons acting on behalf of an ISO may not provide alcoholic beverages to any person on University property.
.060 Summary of Pertinent Laws
Kansas Law prohibits the following acts and makes violations of such acts punishable as misdemeanors. Depending upon the particular violation, punishments include substantial fines, performance of public service, jail sentences, and suspension, restriction, or revocation of drivers' licenses.
Among other matters it is unlawful:
- for persons under 21 years of age to obtain or purchase, or attempt to obtain or purchase, alcoholic liquor (6% beer, wine, hard liquor) or to possess or consume alcoholic liquor.
- to furnish alcoholic liquor or cereal malt beverages to any person under the legal age for consumption of such beverages.
- to provide alcoholic liquor to any person who is physically or mentally incapacitated by the consumption of such liquor.
- for anyone to allow unlawful consumption of alcoholic liquor or cereal malt beverages on their property over which they have control.
- to sell or offer for sale whole or mixed drinks of alcoholic liquor or cereal malt beverages without a state issued license.
- to transport within access of the driver or passengers any alcoholic liquor or 3.2% beer to which the original cap, seal, package, or container has been removed (open container law). Exception--certain buses and recreational vehicles when not in the driver's compartment.
- to operate any vehicle within the State of Kansas under the influence of alcohol or drugs. A driver who has more than .08% alcohol (for persons under 21 years of age to operate a vehicle with more than .02% alcohol) in his or her blood is presumed to be under the influence. Less than .08% may be considered with other evidence to determine DUI. If an individual is found to be under the influence while operating a motor vehicle and a motor vehicle accident resulted in personal injury or death, that individual will not be eligible for a diversion agreement (i.e. community service, driver's school, etc. in place of incarceration in jail).
- to refuse to submit to tests for the presence of alcohol or drugs when lawfully requested to do so by a law enforcement officer. Such refusal will result in a loss of driver's license for one year.
- to display or possess a canceled, fictitious, fraudulently altered or fraudulently obtained identification card.
- to lend or permit the use of one's driver's license or identification card by another person.
- to, in any way, create a reproduction of a driver's license.
The City of Manhattan has adopted as city ordinances similar laws relating to the control of alcoholic liquor and cereal malt beverages. Further, under city ordinance among other matters it is unlawful:
- for persons under 18 years of age to remain in any tavern after the hour of 8:00 p.m. unless employed by the establishment or accompanied by a parent or guardian.
- to willfully disturb the peace and quiet of any person, family or neighborhood or to engage in disorderly conduct.
- to fail to depart from an unlawful assembly after being directed to do so by a law enforcement officer. An unlawful assembly is a meeting or coming together of five or more persons engaging in conduct which constitutes disorderly conduct, a riot, disturbing quietude or disturbing the peace.
.070 Questions
Questions relating to the information in this chapter should be directed to the University’s Office of General Counsel, (785) 532-5730.
