| City of Berkeley, State and Federal Laws |
The following FAQ was initially a result of a Q&A session between Cal students and representatives of various alcohol enforcement authorities held November 15, 2006. If you have a question that is not already covered, please email it to khughes@uhs.berkeley.edu. It will be addressed by enforcement authorities and included in this FAQ. Q: What are the differences between the various police agencies? A: ABC - Enforces the laws of the State of California regarding the manufacture, sale, and consumption of alcohol . Can respond to any alcohol law violation anywhere in the state of CA. May work in parallel, though not necessarily together with local law enforcement agencies. Investigators are often undercover and may lie about their identity to protect their cover for the success of the operation and/or their own safety. Berkeley Police Dept. - Focus is public safety and law enforcement. Has special crime-fighting projects. Works with UCPD: handles traffic control on game days; partners in special alcohol enforcement operations. UCPD - Provides traditional law enforcement and emergency services as well educational, outreach and crime prevention programs for the UCB campus community. Enforces the Campus Student Conduct Code as well as city and state laws.
Q: What and why is the enforcement at the student gate at football games? A: Student entrance gate enforcement is conducted by UCPD. Officers are primarily enforcing the Campus Student Conduct Code, though they may also cite/arrest for city and state violations if the situation warrants it. For example, public drunkenness, regardless of age, can lead to arrest and jail. UCPD officers monitor for underage or excessive alcohol use as evidenced by observable signs and behaviors after students enter the ticket gates, i.e. motor skills, walking, skin flush, eyes, and, if contacted, how the student participates in that interaction. Officers strive for consistency, however assessments can vary depending on their past training and experiences. Officers breathalyze students to establish a general quantity of alcohol use for the purpose of awareness. Because it is not for legal purposes, students can refuse to blow into the breathalyzer regardless of age. Underage drinking is an automatic UCPD citation and entry to the game denied. Campus Conduct citations must be presented at the Student Judicial Affairs Office within a certain period of time to pay a $50 fine and take the alcohol EDU sanctions course online. If over 21 years old - it's at the officer's discretion - given his/her concerns for public or student's own safety. To dispute a Campus Conduct citation or seek recourse for the penalty, contact Student Judicial Affairs office.
Q: What is the protocol for police showing up to investigate a party? A: If police arrive at the door of a party, it's because they have a good idea that there may be problems or violations occurring inside, including underage drinking. They may have received one or several calls about it or have seen something from the outside that gives them cause for suspicion, i.e. the number, age or behavior of people in front or coming and going. Their primary interest is stopping and reducing likelihood of subsequent problems - alcohol use is a contributor to much of the crime, assaults, and injuries. FYI - a disproportionate amount of city police resources are diverted to the campus area on Thurs, Fri, and Sat nights. Once at the front door, the police may ask to enter as a courtesy. However, if they think they have cause they can enter to investigate without asking, getting permission, or explaining their reasons. Police want to talk to the head of the house, the person who is formally responsible. If the number of guests is above the occupancy, it's a no-brainer. The party will be broken up. If it's loud after 10pm, you may be issued a 2nd Response Notice with or without a fine and given the option of continuing (at the risk of receiving the next level of fine) or having the police help you break up the party. If you believe an officer is acting out of line, you can do the following: 1) ask to speak to or locate a supervisor then and there; 2) contact the officer's agency to file a complaint. Contact information is at the end of these notes.
Q: Isn't breaking up an overcrowded party of 200-300 people and ushering them out onto the street creating a subsequent safety problem? A: It's not possible for the 200-300 people to remain in the house. Most officers don't want to arrest students and take them to jail to ensure safety. So it boils down to using the available resources in the best way possible to get people out and on their way safely. Police will try to get people paired up to get home safely, and students need to take responsibility for assisting each other.
Q: There seem to be many more assaults on students from groups coming into Berkeley from surrounding areas. What's being done to address this? A: UCPD is very aware of this trend and, though there aren't details to share right now, there is a lot in the works. People do need to understand that the increase in alcohol enforcement activities via the State ABC grant has not taken away from general crime prevention and law enforcement efforts. It actually adds to it because: 1) when officers are conducting alcohol enforcement operations, they are aware and react to other issues as well, and 2) alcohol use and out of control parties play a role in the increase of some of these group assaults.
Q: Can minors be cited for possession of alcohol on private property? A: Yes, being caught as a minor in possession of alcohol is not affected by where the minor is.
Q: Does the funding or re-funding for the State ABC grant depend on increasing the number of alcohol violations the police cite? A: No. The grant outlines a number of activities the two police departments must implement. They include education presentations, trainings, and nine joint enforcement operations (party patrols, shoulder tap, minor decoy, trapdoor - which are described on the ABC's website www.abc.ca.gov.
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PartySafe@Cal
is a program of University Health Services in collaboration with other campus
and community organizations.
The mission is to reduce harm associated with
drinking in the campus area.
To volunteer or for more information call 510-642-7202
or email hp@uhs.berkeley.edu.
