4.13 Alcoholic Beverages - Usage Regulation
This Administrative Regulation prohibits the use of District funds to purchase alcoholic beverages or services related to them except in small amounts to be used in cooking for the District's culinary programs. Additionally, it generally prohibits the presence of alcoholic beverages on premises owned by the District, or those leased or rented by the institution. It permits a few, narrow exceptions to that latter prohibition. The exceptions are not available to the general population of District employees or officials. More importantly, they are established to ensure that the District's actions stay within the boundaries of state law and the District's insurance coverage. Therefore, strict compliance with this regulation is essential.
- No Funds. No funds under the jurisdiction of the governing board of the District may be used to purchase alcoholic beverages, except for the limited purposes of purchasing small amounts of them for use solely as ingredients in food preparation for classes and at the District's culinary institutes. Alcoholic beverages may not be stored on premises owned, leased, or rented by MCCCD except as provided in Paragraph 8.
- No Service or Sale of Alcoholic Beverages. The law of the state of Arizona strictly regulates the service, sale, distribution and consumption of alcoholic beverages. In light of that law, the District does not permit alcoholic beverages to be served, sold or distributed on or in the premises owned by the District or leased or rented by the Maricopa Community Colleges for District-approved educational, fund-raising or other community purposes, except as provided in Paragraphs 3 and 7.
- Service at District Events on District-owned Property. The Chancellor has the sole authority to approve the service, but not the sale or other distribution, of wine or beer at District events on district-owned property that the Chancellor either sponsors or approves. The only District employees authorized to request the Chancellor's approval are the College Presidents and the Vice Chancellors. Additionally, the law strictly limits the service of wine or beer by the District on District-owned property, and those restrictions are specified in Paragraph 5. Unless approved by the Chancellor in compliance with the law and this regulation, alcoholic beverages may not be served on District-owned property.
- Event Form Required. A College President or Vice Chancellor who wishes to obtain the Chancellor's approval for the service of wine or beer at a District-sponsored event on District-owned property shall forward a completed written request to the Chancellor no later than 30 days before the event. The request form is available at: AS-6 - Agreement to Serve Alcohol Part I. On signing the form, the Chancellor will provide a copy of it to the requestor and to the MCCCD Risk Manager. For events that the Chancellor sponsors, he or she will complete the form, sign it and provide it to the MCCCD Risk Manager no later than 10 business days before the event.
- Service restrictions required by law. An event approved under Paragraph 4 must, by law, comply with the all of the following restrictions: Additionally, beer and wine may only be served by a beverage service contractor whose liquor license with the state of Arizona is in good standing, except as provided in Paragraph 6. The contractor must provide all of the beverages served and well as the servers or bartender. Before the event, the contractor must provide a certificate of insurance that meets the requirements of the District's Risk Manager and that adds the District as an additional insured. The contractor must also agree in writing to indemnify the District regarding the service of the beverages.
- The only alcoholic beverages that may be served and consumed are wine and beer. Wine consumption is limited to 6 oz. per person, and beer consumption is limited to 24 oz;
- The gathering must be by invitation only, and not open to the public;
- The gathering may not exceed 300;
- Invitees may not be charged any fee for either the event or the beer or wine; and
- The consumption may only take place between noon and 10:00 p.m.
- Culinary Institutes. The Chancellor may sponsor or approve an event at one of the District's culinary institutes. Students may serve wine and beer at the event as part of their class requirements, subject to the limitations of Paragraph 5. Any student serving those beverages must, by law, be 19 years or older.
- Third-Party Event. The Maricopa County Community College District Foundation and the Friends of Public Radio Arizona may, with the approval of the Chancellor, sponsor an event on District-owned property under this regulation. The City of Phoenix and the Friends of the Phoenix Public Library may also do so, with the approval of the Chancellor, at the joint library on the campus of South Mountain Community College. These third-party, non-district entities are solely responsible for determining the steps that they are required to take to comply with Arizona's alcoholic beverages laws. Additionally, they must comply with the following steps:
- The entity obtains a liquor license, if required by law, from the Arizona Department of Liquor Licenses and control for each event and fully complies with the laws, rules and other requirements applicable to that license;
- The entity completes the form available at AS-7 - Agreement to Serve Alcohol Part II. And provides it to the Chancellor for approval along with a copy of the liquor license no later than 30 days before the event, unless the Chancellor approves a shorter period of time in a particular case;
- The entity provides or currently has on file with the District a certificate of insurance demonstrating that it has liquor liability coverage and that adds the District as an additional insured;
- The entity agrees in writing to indemnify the District from any claims of any kind arising out of the event;
- Beer and wine are the only alcoholic beverages served and only served through a beverage service contractor whose liquor license with the state of Arizona is in good standing;
- The contractor provides all of the beverages served and well as the servers or bartenders;
- Before the event, the contractor provides a certificate of insurance that meets the requirements of the District's Risk Manager and that adds the District as an additional insured; and
- The contractor agrees in writing to indemnify the District regarding the service of the beverages.
- Receipt of beverages; storage. It is not permissible to store wine or beer on premises owned, leased or rented by MCCCD, except as provided in this paragraph. Alcoholic beverages purchased for use in cooking in District culinary courses must be stored in such a way that it is inaccessible to anyone except the Director or designee of the culinary program. For wine and beer to be used for receptions at the district's culinary institutes, as authorized by this administrative regulation, the following storage requirements apply:
- Wine and beer to be served may only be brought to MCCCD property no sooner than four hours prior to the event, and remain there no longer than four hours after the event; and
- Once the wine and beer arrives on MCCCD property, the Director the culinary program shall assign an MCCCD employee to ensure that it is not stolen or that it is not opened until ready to be served.
- Compliance with law. In compliance with applicable law, any persons planning an event under this administrative regulation are required to familiarize themselves with the pertinent laws and other requirements established by the state of Arizona for the service of alcoholic beverages, particularly those in Arizona Revised Statutes Title 4 (Alcoholic Beverages) Chapters 1 (General Provisions), 2 (Regulations and Prohibitions) and 3 (Civil Liability of Licensees and Other Persons) as well as Arizona Administrative Code Title 19, Articles 1 (State Liquor Board) and 3 (Unlicensed Premises Definitions and Licensing Time-Frames).
- Residential Housing. Lawful occupants of residential housing under the jurisdiction of the Governing Board, if over the age of 21 years and not otherwise lawfully barred from such practice, may possess and consume alcoholic beverages in the privacy of their respective leased housing facility. Guests of such occupants over the age of 21 years shall have the same privilege. No alcohol is permitted in public areas (nor common areas of a dormitory) at any time.
- Personal Responsibility. The personal or individual purchase of alcoholic beverages by individuals attending District-approved functions held in places serving alcoholic beverages is a personal and individual responsibility. Administrative discretion shall be exercised in the approval of the location of such activities, as such decision pertains to the nature of the group involved.
- Miscellaneous Usage Issues. Any issues that are not specifically addressed within this regulation require the review and determination by the Chancellor or Executive Vice Chancellor and Provost on matters related to culinary programs, academic or student affairs.
AMENDED through the Administrative Regulation Approval Process, June 27, 2011
AMENDED through the Administrative Regulation Approval Process, January 10, 2011
AMENDED by the Governing Board, July 22, 2008, Motion Number 9504
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896
Governing Board Minutes, March 28, 1995, Motion No. 8378
Governing Board Minutes, September 15, 1975, Motion No. 2747