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GUIDELINES & POLICIES
REQUIREMENTS FOR SERVICE OF ALCOHOLIC BEVERAGES ON INDIANA UNIVERSITY PREMISES
| SUBJECT: |
Establish guidelines for the serving of alcoholic beverages on university property and in conjunction with university functions. |
| DATE ISSUED: |
December, 1996 Revised August, 2000 Revised 9 Sept 2000 |
| RATIONALE: |
The serving of alcoholic beverages on university property and/or in conjunction with university functions
is limited by other university policies (see FMS policies
and §III.B.21 in the Code of Student Rights, Responsibilities and Conduct ).
This activity has an inherent risk of dangers arising from intoxication. |
| POLICY: |
- The provision of and service of alcoholic beverages must be completely catered by an
established firm which is currently licensed by the State of Indiana Alcoholic Beverage
Commission with an "off-premises" permit. Neither University staff nor the customer
will be permitted to provide the beverages, serve them, or in any way handle the service.
All persons engaged in the service must be agents of the licensed caterer.
- The services of the beverage caterer must be contracted for by the customer (user) of
the University premises, not by the University.
- No alcoholic beverages may be served for any group of undergraduate students of the university,
or for any function where it is reasonable to expect consumption by persons under the age
of twenty-one years.
- In the event of a claim or suit against the university arising from a use of alcoholic
beverages contrary to this policy, the involved department will be responsible for 10%
of the resulting damages, including claim expenses, subject to a minimum of $1,000 (or the
total claim cost, if it should be less than $1,000) and a maximum of $25,000.
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| DEFINITIONS: |
| PROCEDURE REFERENCE: |
Procedures for provision of insurance and contracts when alcoholic beverages are served |
| CROSS REFERENCE: |
| RESPONSIBLE ORGANIZATION: |
Office of Risk Management |
Procedures for provision of insurance and contracts when alcoholic beverages are served
- The contract with the user of the premises will provide certain protections for the
University as follows:
- At least three business days prior to each occasion alcohol is to be served, the
University contact person for this function must receive a fully executed, original copy
of the contract along with a copy of the caterer's State of Indiana permit for that
specific occasion.
- The contract will provide that the caterer indemnify and hold harmless the
University with respect to occurrences arising out of the service of alcoholic beverages.
The language will be similar to the following:
"______________(caterer) shall indemnify, defend and save harmless Indiana University
and its agents and employees, from and against all loss, liability or damage for injuries
to or death of persons or damage to property, real or personal, arising from the designated
function on or about University premises (other than such injuries, death or damage resulting
from an act or omission of University, its agents and employees, or licensees) or arising from
the occupancy or use thereof by _________________________ (caterer), its agents, employees, invitees,
or guests."
- The contract will provide that the caterer carry insurance which protects the University,
in approximately the following form:
"_____________________(caterer) shall maintain a policy of Commercial General liability
insurance, with "Broad Form" provisions. Such policy of insurance is to be of the
"occurrence" type. Said policy shall include dram shop operations or, alternatively,
a separate policy of insurance, subject to all provisions of this paragraph, shall be purchased
to provide coverage for dram shop operations."
- The amount of coverage of each policy of general liability insurance shall be three
million dollars ($3,000,000) [e.g., one million dollars ($1,000,000) primary policy with
two million dollars ($2,000,000) umbrella]. The amount of coverage for dram shop operations
shall be three million dollars ($3,000,000), either as a part of the general liability policy
or under a separate policy.
- The Trustees of Indiana University shall be named as an additional insured on the general
liability policy and the dram shop policy, if one is obtained.
- In the event of suit arising from an occurrence or accident arising from ______________ (caterer's)
occupancy or use of the University premises and not resulting in any part from negligence
on the part of University, and such suit names University as a party to the suit,
____________________ (caterer) agrees to assume defense of said suit on behalf of University.
- Such policies of insurance shall be issued by an insurance company approved by the Office
of Risk Management.
- If the caterer is one of the following pre-approved caterers then the requirement to obtain
a certificate of insurance is waived.
- Lennie's (dba The Bloomington Brewing Co.)
- IMU Catering
- Big Red Liquors
- Kilroy's
- Limestone Grille
- MBP Catering
- Terry's Banquets and Catering (The Bloomington Banquet and Conference Center, Inc.)
- Susans Catering, Inc. (dba Affairs of the Sun Catering)
- Cynthia Moriarty (Food Only - Not approved for alcohol)
- Otherwise, a certificate of insurance showing the required coverages and naming the
Trustees of Indiana University shall be delivered to the Office of Risk Management at least
three business days prior to the event being catered. At the request of the Office of Risk
Management, a complete copy of these policies shall be delivered to the Office of Risk
Management no later than three business days prior to the event to be catered on the University premises.
- It shall be the responsibility of the University department which reserves the University
premises (e.g., Conference Bureau, Indiana Memorial Union, academic department) to insure that
the contract with the caterer is executed, and that appropriate documents are delivered to
the Office of Risk Management in a timely fashion.
Effective 12/96 revised 8/00 revised 11/04
Last updated: 22-July-2009 |