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ARTICLE 24. ALCOHOL & CEREAL MALT BEVERAGE POLICY

The sale, service, possession, and consumption of alcoholic and cereal malt beverages are regulated by federal and state laws and regulations and by local ordinances. All Kansas laws and city ordinances regarding the possession and consumption of cereal malt and other alcoholic beverages will be observed within the University.

A partial summary of Kansas Statutory regulations:

  • Drinking Age:
    -No one under 21 years of age can possess or consume alcoholic or cereal malt beverages.
  • Underage Drinking:
    -Purchases or possession of alcohol by anyone under 21 can be punished with a fine of not more than $500 and 40 hours of community service or attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or drugs. In addition, a person under 21 convicted of possessing or consuming alcoholic beverages can have their driver's license revoked for up to one year.
  • Providing Alcohol or Id's to Persons Underage:
    -Lending or permitting the use of any driver's license to a person under the legal age for purchase or consumption of alcohol can be punished with a $1,000 fine and/or up to six months in jail.
  • Providing alcoholic liquor to people underage can be punished with a minimum fine of $200 and a maximum of $1,000 and/or up to six months in jail. Additional Kansas and local statutes include:
  • Prohibition of possession and consumption of cereal malt beverage in any vehicle unless in original unopened container, locked trunk, or exclusive possession of a passenger in a van. Privileges and/or suspension of license may be adjudicated.
  • Prohibition of consumption or possession of opened cereal malt beverage container on any public street, avenue, alley or sidewalk. Violations are punishable by fine or imprisonment.
  1. Definitions
    Alcoholic liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any beer or cereal malt beverages containing not more than 3.2% alcohol by weight. Areas under jurisdiction of the University include all property owned, occupied or used by the University, or by any officially recognized group or organization.
  2. State/Regents Policies: Alcohol & Cereal Malt Beverages
    The consumption of alcoholic beverages on the campuses of the regents' universities is prohibited by State statute except under special circumstances provided by law:
    1. The use and sale of cereal malt beverages (3.2% beer) is authorized under regulations to be determined by the administration of Pittsburg State University. (Oct. 15, 1987)
    2. Service of alcohol in Non-Classroom Areas: Consumption of alcoholic liquor may be permitted under authorized and appropriately controlled conditions and guidelines to be determined by the administration of Pittsburg State University. (Feb. 18,1988)
  3. University Policies
    1. The consumption of cereal malt will be prohibited in all public areas of the University except for designated food service areas, and for registered groups in the University Lake picnic areas. Public areas shall include Brandenburg Stadium, the Oval, practice field, parking areas, tennis courts and the University Lake.
    2. Sale of 3.2% cereal malt beverages by the food service contractor recognized by the University will be allowed in the Jack H. Overman Student Center of Pittsburg State University who shall be responsible for compliance with state and local ordinances.
    3. There shall be no cereal malt beverages, alcoholic beverages, or containers of any kind allowed at any Pittsburg State University athletic event.
    4. Student groups are encouraged to obtain legal opinion concerning their status as hosts at private locations as it relates to the potential liabilities involved in serving alcohol to minors and intoxicated persons. The groups shall adopt self-governing procedures, appropriate mechanisms to ensure protection against individual or group liability as a result of the irresponsible use of alcohol.
    5. Games which emphasize drinking alcohol or which place some kind of social approbation on one's capacity to hold liquor or to display certain talents with respect to the consumption of alcohol will be prohibited at social functions.
    6. All organizations will refrain from emphasizing alcohol in advertisements. Posters and flyers that contain alcohol related advertisements are not permitted to be displayed or distributed on P.S.U. campus.
    7. Persons who violate these policies or other policies will be subject to disciplinary action whether or not they are under the influence of alcohol.
    8. Each registered University organization must submit a statement signed by the organization president indicating intent to abide by the University Alcohol & Cereal Malt Beverage Policy. The statement will be submitted to the Office of Campus Life and Auxiliary Services.
  4. Special Groups

    Certain groups are responsible for compliance with additional specific regulations. These groups include: fraternities, sororities, residence halls, and all other registered University organizations who maintain living units.

    Each living group must abide by the University policy and, in addition, shall develop, alone or in collaboration with other organizations, sets of internal regulations regarding alcohol use. Internal self-governing procedures determined by an individual group or a collection of organizations will be submitted for review to the Program Coordinator for Greek and Student Organizations annually.

  5. Sanctions
    1. Infractions of the University policy will be regarded as University disciplinary violations, which may be adjudicated at the decision of the Office of Campus Life and Auxiliary Services. Violations of civil law may be turned over to the City of Pittsburg Municipal Court or the Crawford County District Court for adjudication.
    2. The following sanctions may be imposed by the University Police:
      1. warn and release the student.
      2. issue a summons to the student.
      3. physically book the student into jail when another crime is involved.
      4. bar disorderly person from entering University facility or evict from the facility.
      5. take to detoxification center.
      6. refer student for administrative action through University judicial procedures.
    3. The following sanctions may be imposed by the University through the discipline process:
      1. referral of student for alcohol education.
      2. referral of student for counseling.
      3. disciplinary action for student or student organization through hearing.
      4. restricting individual or group privileges, such as receiving student fees, loss of registered status, loss of University services, etc.
      5. termination of student organization event or party by University staff person and/or the police. (Fall 1985, Revised Spring, 1990)