Selling, Serving and Advertising of Controlled Substances
March 21, 2019
Policy Authority: Vice-President, Finance and Administration
Associated Procedures: Appendix A: Procedure for Requesting an Event at which Liquor will be Sold or Served
Schedule A: Responsible Officers
1.1 This Policy aims to promote the safety of the campus community, its members and the public; ensure that appropriate measures are in place to provide relevant and current information to its community regarding the issues and implications associated with the use or provision of controlled substances such as liquor and cannabis.
1.2 The Policy aims to ensure that Simon Fraser University complies with Provincial and Federal legislation related to liquor and cannabis.
1.3 With respect to liquor the Policy addresses that training and education are provided to those responsible for serving or providing liquor and education of members of the University community on the issues of law and liability related to using, serving and advertising liquor on campus.
1.4 With respect to cannabis the Policy addresses the selling and advertising of cannabis and related items but is not intended to prevent accommodations for its medical use.
1.5 The University recognizes the unique social needs of a campus community and strives to provide an environment where these needs can be reasonably met. The University seeks to create an environment in which controlled substances are used responsibly and in moderation, and to discourage abuse of these substances on campus.
2.1 This policy applies to the sale, service and advertising of controlled substances at all SFU campuses and in all University space as defined in Policy GP 36 (Use of University Space).
3.1 Cannabis is defined as a cannabis plant and any part of the plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not. Any substance or mixed substances that contains or any part of such a plant. Any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained.
3.2 Cannabis Accessory means but is not limited to, (a) holders, pipes, water pipes, bongs and vaporizers, that is represented to be used in the consumption of Cannabis or a thing that is represented to be used in the production of Cannabis; or (b) a thing that is deemed to be represented to be used in the consumption or production of Cannabis.
3.3 Liquor is defined as in the Licensing Control and Licensing Act of British Columbia i.e.
a. fermented, spirituous and malt liquors;
b. combinations of liquors, and
c. drinks and drinkable liquids that are intoxicating,
and includes beer, or a substance that, by being dissolved or diluted is capable of being made a drinkable liquid that is intoxicating and that is declared by order of the Lieutenant Governor in Council to be liquor. The terms "alcoholic beverage," "alcohol" and "liquor" are used interchangeably in this policy
3.4 Responsible Officer is the individual at each of SFU's campuses designated to authorize an application for a Special Event Permit. Responsible Officers are listed in Schedule A.
4.1 Liquor - General
4.1.1 All sales and service of liquor on campus are subject to compliance with the provisions of the Liquor Control and Licensing Act of British Columbia (the "Act") and the Liquor Control and Licensing Regulation (the "Regulation") thereunder, as the same may be amended from time to time. Wherever conflict may arise between any policy, rules or regulations of the University and the Act and the Regulation, the Act and the Regulation shall prevail.
4.2 Special Event Permit
4.2.1 Liquor may be sold and/or served on campus only in a location which is a "Licensed Establishment" as defined in the Act (other than an establishment licensed pursuant to a "Special Event Permit" ("SEP"), or in locations where a SEP has been authorized and issued in accordance with this Policy and the Act and the Regulation. The process for acquiring a SEP is set out in the document "Request To Hold An Event Where Alcohol Will Be Served," which is an Appendix to this Policy.
4.2.2 All applications for a SEP must be reviewed in advance by the appropriate Responsible Officer (see Schedule A). Authorization to proceed to the BC Liquor Distribution Branch with an application for a SEP will be given only when the event meets the following conditions:
a. the event or activity is a non-recurring special occasion of short duration (no longer than six hours);
b. liquor consumption shall be modest and, where appropriate, served through a host bar;
c. the event or activity will be held at a designated venue;
d. the event or activity does not conflict with other University programmes or activities; and
e. the primary purpose of the event or activity is to enhance the collegial interaction of faculty and students and/or professional interaction related to the University and/or to advance the University's goals for interaction with the community.
4.2.3 University events for which a SEP is requested must be held under the aegis of a recognized University academic or administrative unit, a recognized employee group, the Simon Fraser Student Society, or the Graduate Student Society at SFU. The Responsible Officer may in his or her absolute discretion authorize an application for a SEP for a non-University event if it is determined the event so warrants.
4.2.4 The applicant for a SEP is responsible for collecting and remitting all taxes payable in respect of the liquor pursuant to the Social Services Tax Act (British Columbia).
4.2.5 All events held under a SEP must be covered by adequate liability insurance to be determined by the Responsible Officer (or designate) in his or her absolute discretion.
4.2.6 The Responsible Officer must advise the Senior Director of Campus Public Safety (or designate) of the terms and conditions and hours of operation for all SEP events.
4.2.7 The Senior Director of Campus Public Safety (or designate) shall arrange for all SEP events to be inspected and shall report any violations of this policy or any rules or regulations of the University to the Responsible Officer for follow-up action.
4.3 Liquor - Advertising
4.3.1 All advertising by or on behalf of Licensed Establishments anywhere on campus must conform to the Act and Regulations and all applicable University policies, rules and regulations.
4.3.2 The following restrictions apply to the advertising in non-licensed areas of events to be held in Licensed Establishments.
a. Advertising of events must be responsible, in good taste, and will not promote alcohol as the focus of the event.
b. Alternatives to alcohol will be offered and featured equally with liquor.
c. Printed advertising for liquor will not be allowed.
d. Brewery/distiller sponsorship of alcohol awareness and education is permitted as long as the University retains editorial control.
e. Permanent signage reflecting brewery/distiller advertising is prohibited.
f. Brewery/distiller sponsorship with respect to the announcement of events via posters, T-shirts, balloons, and other accessories related to the event is not permitted.
g. Brewery/distiller sponsorship of activities such as "Player of the Game" is not allowed.
h. The blatant promotion of alcohol as the focus of an event is prohibited. Terms such as "bash," "drunk," "kegger," "wipeout," etc., are not permitted. Mention of alcohol on such materials shall be restricted to the information that the event is licensed.
i. Acceptable use of advertising of liquor within the Student Residences is set out in the "SFU Residence and Housing Policy on Alcohol Use and Function Responsibility." Wherever conflict may arise between the SFU Residence and Housing Policy on Alcohol Use and Function Responsibility and this Policy, this Policy shall prevail.
j. Subject to section 4.3 (b) (xi), an advertisement or other promotion of a SEP event must not indicate that liquor will be sold or served.
k. Where a SEP event is a "Public Event Permit" (as defined in the Regulation) at which a number of manufacturers of wine, beer or other liquor are conducting tastings at one location, the event organizer may advertise the name of the event followed by the names of the participating liquor manufacturers.
5.1 Cannabis possession and storage of Cannabis for personal use is permitted at the University provided that it is done in accordance with all applicable Legislation and University policy and guidelines (e.g. Guidelines on Scented Products). Edible Cannabis products must be labelled as such.
5.2 Preparation, sale and/or distribution of products containing Cannabis and/or the preparation, sale and/or distribution of Cannabis Accessories are prohibited on any University owned, operated or leased properties.
5.3 Advertising/Marketing Cannabis and/or Cannabis Accessories is prohibited on any University owned, operated or leased properties.
6.0 Roles and Responsibilities
6.1 Reports of violations and subsequent actions generated under section 4.2(g) of this Policy must be submitted to the Chief Safety Officer for information, follow up and inclusion in the Chief Safety Officer’s annual report.
6.2 Reports of violations of section 4.3 (Advertising) should be directed to the Responsible Officer outlined in the University’s Policy GP 36, Use of University space, for the space in which any such advertising is found.
6.3 Reports of violations of section 5 of this Policy must be submitted to the Senior Director of Campus Public Safety (or designate) for information, follow up and inclusion in the Chief Safety Officer’s annual report.
7.0 RELATED LEGAL, POLICY AUTHORITIES AND AGREEMENTS
7.1 This Policy should be read in conjunction with the following University Policies and the Statement of Values and Commitments:
7.1.1 AD 1.6 Commercial Activities and Advertising
7.1.2 AD 3.14 Indemnity Approval Policy
7.1.3 AD 13.5 Display and Notices, Posters, Advertisements, etc. on Campus
7.1.4 GP 16 Control of Smoking and Other Tobacco and Cannabis Use on Campus
7.1.5 GP 26 Accessibility for Students with Disabilities
7.1.6 GP 36 Use of University Space
7.1.7 S 10.05 Code of Student Conduct
8.0 POLICY REVIEW
8.1 This policy is subject to review at least once every three years.
9.1 This Policy is administered under the authority of the Vice-President, Finance and Administration.
10.1 Questions of interpretation and application of this policy or its procedures shall be referred to the Vice President, Finance and Administration.
11.0 ASSOCIATED PROCEDURES
11.1 Appendix A: Procedure for Requesting an Event at which Liquor will be Sold or Served