UNC Police: General Order 04-24R2 - ABC Law Enforcement

Title

UNC Police: General Order 04-24R2 - ABC Law Enforcement

Document Information

Purpose

The purpose of this policy is to establish guidelines for the enforcement of the Alcohol Beverage Control (ABC) laws of the State of North Carolina.

Policy

University of North Carolina at Chapel Hill Police Department (UNC-CH Police Department) officers, as part of their regular duties, are observant for violations of the any of the North Carolina General Statutes (N.C.G.S.) regulating the ABC laws.

Units Affected

UNC-CH Police Department Sworn Personnel.

References/Forms

• Carolina Community Living Standards - Carolina Housing
• General Order 05-03 Detention and Arrestee Procedures
• Monthly Calibration Log
• North Carolina General Statue (N.C.G.S) Chapter 18B Regulation of Alcoholic Beverages
• Records Management System
• Screening Test for Alcohol Concentrations 10A NCAC 41B.0501
• Standard Operating Procedure 2020-0023 Evidence Control Procedures
• Town of Chapel Hill Ordinance Chapter 3, Section 3-3
• University of North Carolina at Chapel Hill Alcohol Policy
• University of North Carolina at Chapel Hill Facilities Use Policy
• University of North Carolina at Chapel Hill Instrument of Judicial Governance

Definitions and Descriptions

Alcoholic Beverage: Any beverage containing at least one‑half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages.

Fortified Wine: Any wine, of more than sixteen percent (16%) and no more than twenty‑four percent (24%) alcohol by volume, made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.

Keg: A portable container designed to hold and dispense 7.75 gallons or more of malt beverage.

Malt Beverage: Beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage except unfortified or fortified wine as defined by this chapter, containing at least one‑half of one percent (0.5%), and not more than fifteen percent (15%), alcohol by volume. Any malt beverage containing more than six percent (6%) alcohol by volume shall bear a label clearly indicating the alcohol content of the malt beverage.

Mixed Beverage: Either of the following:

1. A drink composed in whole or in part of spirituous liquor and served in a quantity less than the quantity contained in a closed package or;
2. A premixed cocktail served from a closed package containing only one serving.

Open Container: A container whose seal has been broken or a container other than the manufacturer's unopened original container.

Person: An individual, firm, partnership, association, corporation, limited liability company, other organization or group, or other combination of individuals acting as a unit.

Residence: A student's assigned room in a campus residence hall is their temporary residence.

Spirituous Liquor or Liquor: Distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and all other distilled spirits and mixtures of cordials, liqueur, and premixed cocktails, in closed containers for beverage use regardless of their dilution.

Unfortified Wine: Any wine of sixteen percent (16%) or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.

Procedures

I. North Carolina (NC) Laws and Town of Chapel Hill Ordinances

1. Persons who are 21 years of age or older may purchase or consume alcoholic beverages and may possess alcoholic beverages at their homes or temporary residences (N.C.G.S. §18B-300 and N.C.G.S. §18B-301). There are exceptions to this general statement, some of which are set out below. A student's assigned room in a campus residence hall is their temporary residence.
2. It is against the law, for any person under 21 years of age to purchase or possess any alcoholic beverage. (N.C.G.S. §18B-302). It is against the law for anyone to sell or give any alcoholic beverage to a person under 21 years of age or to aid or abet such a person in selling, purchasing or possessing any alcoholic beverage.
3. According to Town of Chapel Hill Ordinance, it is against the law for anyone to possess any open alcoholic beverage on streets, sidewalks, alleys or any other property owned or controlled by the Town of Chapel Hill (Town of Chapel Hill Ordinances, Chapter 3. Section 3-3). It is a violation of North Carolina law, to consume fortified wine, spirituous liquor or mixed beverages on a public road, street, highway, or sidewalk (N.C.G.S.§18B-301).
4. It is against North Carolina law to display fortified wine, spirituous liquor, or mixed beverages at any athletic contest (N.C.G.S.§18B-301).

II. Alcohol Enforcement

Individuals encountered by UNC-CH Police Department officers, who the officer(s) have cause to believe are in obvious violation of one or more of the above N.C.G.S. can be approached by the officer and identified. The officer can take one of the following actions:

1. If the individuals are of legal drinking age and in possession of a malt beverage or unfortified wine anywhere on campus except for inside a private residential location and designated athletic and entertainment venues; and are UNC-CH students.
   1. An incident report must be completed by an officer.
   2. A copy of the incident report and the citation report(s) (if applicable), is forwarded to the Dean of Students Office, when this individual(s) are UNC-CH students.
2. If the individuals are of legal drinking age and in possession of a malt beverage or unfortified wine anywhere on campus except for inside a private residential location and designated athletic and entertainment venues; and are not UNC-CH students, an officer must complete an incident report.
3. If the individual(s) are not of legal drinking age (regardless of the type of alcohol), they may be issued a state citation for the alcohol violation. An incident report will be completed whether or not a state citation issued.
   1. An officer must complete an incident report.
   2. A copy of the incident report and the citation report(s) (if applicable), is forwarded to the Dean of Students Office, when this individual(s) are UNC-CH students.
4. If the individual(s) are in possession of spirituous liquor or fortified wine (regardless of their age) anywhere on campus with the exception of inside a private residential location and athletic facility and entertainment venue they may be issued a state citation for an alcohol violation.
   1. An incident report must be completed by an officer.
   2. A copy of the incident report and the citation report(s) (if applicable), is forwarded to the Dean of Students Office, when this individual(s) are UNC-CH students.

III. Issuing a Citation

1. Whenever an officer issues a state citation (or makes an arrest) for any violation of the ABC statute(s) but not limited to just these statues identified in this policy, the officer(s) taking the enforcement action(s) must do the following:
   1. Indicate the type, brand, and amount of alcohol on all paperwork and reports completed;
   2. Document on the appropriate paperwork (incident report, arrest report, citation report, etc.) Any time an alcohol related incident involves a UNC-CH student so the information can be properly forwarded to the Dean of Students Office;
   3. On duty supervisor must notify the staff duty officer, provides all the incident information; and
   4. Refer to standard operating procedure (S.O.P. 2020 -0023 Evidence Control Procedures on processing any evidence that involves alcohol).

IV. Alco-Sensor Screening

1. Grounds for Requesting Submission to Alco-Sensor Screening
   
   An officer who has probable cause to believe that a person under 21 years of age, has consumed alcohol may require that person, to submit to an alcohol screening test. The test results, or the fact that the person refused to submit to the test, are admissible in court.
2. Procedures for Alco-Sensor Screening
   1. The officer must determine that the subject has removed all food, drink, tobacco products, chewing gum and other substances and objects from their mouth. Permanent dental devices that are of non-porous material do not need to be removed.
      1. The alco-sensor screening device must meet the manufacture temperature recommendation on the device, prior to utilizing it for testing.
      2. An officer must use a new straw for each test.
   2. The officer must administer a screening test as soon as feasible unless the subject volunteers the information that they have consumed an alcoholic beverage, within the last 15 minutes.
      1. If the officer administers a test without observing a waiting period and the test results in an alcohol concentration reading of 0.08 or more, the officer must wait six (6) minutes and administer an additional test.
      2. If the results of the additional test show an alcohol concentration reading more than 0.02 less than first reading, the officer must disregard the first reading.
   3. If an officer has a question concerning any screening test results, the officer may request that the subject submits to one or more additional screening tests and, if appropriate, wait a six (6) minutes between tests.
   4. In administering any screening test, the officer must use an alcohol screening test device approved under 10A NCAC 41B.0501 and North Carolina General Statue (N.C.G.S.) §20-16.3.
      1. The officer must document the serial number of the alcohol screening test device in an incident report.
      2. The waiting period set forth by this order, supersede any specified by the manufacturer.
   5. Alcohol screening devices can be used by officers in addition to officer's observations and to develop probable cause. Officers should not just rely on the results of screening devices.

V. Calibration and Maintenance

Calibration of alcohol screening devices must be verified at least once during every 30 days of use, by utilizing a control sample from an ethanol dry gas canister. The device must be deemed properly calibrated when the result of 0.07 or 0.08 is obtained. A record of calibration procedures must be maintained for each screening device, using a monthly calibration log.

VI. Arrest Process

At the officer’s discretion, if an arrest is the course of action taken instead of a citation for an alcohol violation, the arresting officer follows the current guidelines outlined in General Order 05-03, Temporary Detention and Arrestee Procedures. Depending on the age of the arrest, the officer has the option of referring the individual to the Orange County Misdemeanor Diversion Court depending on the type of alcohol violation.