WSR 97-10-086

PROPOSED RULES

WASHINGTON STATE UNIVERSITY

[Filed May 7, 1997, 9:58 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-05-021.

Title of Rule: Amendment to WAC 504-36-030 regarding safety rules at spectator events.

Purpose: To clarify and specify the types of beverage containers and other items that may be brought into sites of spectator events on campus.

Statutory Authority for Adoption: RCW 28B.30.125, [28B.30.]150(1).

Statute Being Implemented: None.

Summary: This proposal amends and clarifies existing rules on what articles may be brought to university public event sites, with a particular eye toward Martin Stadium. It clarifies what types of beverage containers and other articles may be brought into event sites, their size, and how they must be stored in spectator sections of event sites.

Reasons Supporting Proposal: Concerns over large articles (coolers, etc.) blocking aisleway access, and over alcohol consumption caused Washington State University to reexamine these rules. That examination also revealed ambiguities in those rules that frustrate the university's safety concerns and leave spectators unsure what is permitted. This proposed amendment settles those issues.

Name of Agency Personnel Responsible for Drafting: Rich Hutchinson, Assistant to Vice-President, Vice-President for Business Affairs, 432 French Administration, P.O. Box [641045], (509) 335-5524; Implementation: Marcia Saneholtz, Senior Assistant, Intercollegiate Athletics, 107A Bohler Gym, P.O. Box, (509) 335-0201; and Enforcement: Bill Mercier, Director/Police Chief, Director of Public Safety, Safety Building, P.O. Box 647300, (509) 335-9189.

Name of Proponent: Washington State University, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This will have no fiscal impact.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule regulates conduct at spectator events at the university. It will make public attendance at such events safer and more orderly, and will provide the university with authority to forbid articles containing alcoholic beverages, or articles too large to be placed in stadium seating areas without blocking aisleways.

Proposal Changes the Following Existing Rules: The amendment further specifies what types and sizes of articles/containers, knapsacks and so on, will be allowed into university events. It also expressly provides the university with authority to conduct a noninvasive visual "search" of a bag or container for improper items (such as alcoholic beverages). The amendment also makes explicit the potential for student conduct sanctions and/or criminal prosecution, as appropriate, for the use or possession of alcohol or illegal drugs at university spectator events.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule affects only individuals attending spectator events on the university campus. Neither in its present form nor as amended does the rule impose any cost on business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Washington State University is not an agency specified in RCW 34.05.328 (5)(a)(1)[(i)], nor has Washington State University volunteered to make its rules subject to RCW 34.05.328, nor has the Joint Administrative Rules Review Committee requested a review under that statute.

Hearing Location: Hoot Gibson Conference Room #L405, Lighty Student Services Building (at Stadium Way and Wilson Road), Pullman, WA 99164, on June 12, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Marshall Mitchell or Julie Wood by June 6, 1997, TDD (509) 335-1566, or (509) 335-5524.

Submit Written Comments to: Richard L. Hutchinson, Assistant to the Vice-President, Office of the Vice-President for Business Affairs, P.O. Box 641045, Pullman, WA 99164-1045, FAX (509) 335-4642, by June 12, 1997.

Date of Intended Adoption: June 27, 1997.

April 23, 1997

Richard L. Hutchinson

Assistant to the Vice-President for

Business Affairs and Rules Coordinator

AMENDATORY SECTION (Amending Order 80-2, Resolution 6/80-15, filed 6/11/80)

WAC 504-36-030 Spectator events--Safety rules. (1) Protection of the safety and general welfare of students, faculty and staff, performers and officials, and members of the general public attending or participating in spectator events on the campus is a primary concern of Washington State University.

(2) The following rules of conduct are applicable to all public events of Washington State University, including specifically, but not limited to, Martin Stadium and the Performing Arts Coliseum and to all public areas of the facility wherein the event is held (hereafter the "event site").

(a) Behavior which in the judgment of designated university officials constitutes a disruption of the event or safety hazard for other spectators or participants is prohibited (WAC 504-20-010).

(b) Possession and/or consumption of alcoholic beverages or illegal drugs is prohibited. Any such ((beverages)) materials found shall be ((removed by the possessor or)) delivered to the custody of designated university officials or their representatives upon request. In addition to such confiscation, violators of this rule may be subject to university disciplinary action (if applicable) and/or legal proceedings, and to removal from the event site.

(c) Possession of any glass ((or)), metal or plastic beverage container, or any ((cooler, basket, knapsack, or other)) device used for carrying ((glass or metal)) such beverage containers is prohibited: Provided, That this rule shall not apply to personal canteens ((or)), plastic water or soda-type bottles, coffee cups or mugs, thermos bottles or other containers one liter or less in size, where such containers are made for the purpose of carrying ((coffee, tea, hot chocolate, or similar hot drinks: And provided further, That this rule shall not apply to approved vendors)) beverages and in fact contain beverages not in violation of (b) of this subsection; or to soft sided bags used to carry such containers. All such items shall be small enough to fit completely under one seat, and shall be so kept at all times to maintain clear aisles, walkways and stairs as required in (e) of this subsection. All such devices shall be subject to visual inspection upon the spectator's entrance into the event site. Any ((such)) containers or devices prohibited by this rule shall be removed by the possessor or delivered to the custody of designated university officials or their representatives upon request. ((Designated officials may provide, but shall not be obligated to provide, a checking service for this purpose. Any checked items may be reclaimed by the owner within 30 minutes following the conclusion of the event. Any unclaimed items will be disposed of in accordance with state laws.))

(d) Knapsacks, backpacks, duffel bags or other soft sided bags used for carrying blankets or extra clothing into the event shall be subject to a visual inspection upon the spectator's entrance into the event site. All such items shall be small enough to fit completely under one seat, and shall be so kept at all times to maintain clear aisles, walkways and stairs as required in (e) of this subsection. No hard sided bags, suitcases or other similar devices for carrying such items shall be allowed into the event site.

(e) Aisles, walkways and stairs shall be kept clear of hazards and obstacles (including but not limited to those items and devices discussed in (c) and (d) of this subsection) at all times, to ensure safe and easy passage for persons attending the event, university and security officials, and others at the event site.

(f) Possession of any fireworks, weapons, explosive devices or artificial noisemaking devices (such as airhorns or similar devices) is prohibited in the event site. Any such items shall be surrendered to designated university officials upon request. In addition to such confiscation, possession of such items may subject violators of this rule to university disciplinary action (if applicable) and/or legal proceedings, and to removal from the event site.

(g) Smoking is prohibited in areas designated as "no smoking."

(((e))) (h) An individual is entitled to occupy only the seat for which he or she has the proper ticket.

(((f))) (i) In nonreserved seating sections, blocks of seats will be preempted or saved.

(3) Where there is reasonable cause to believe that persons are, or are attempting to, violate the requirements identified in WAC 504-36-030(2), such person or persons will be denied license or privilege to enter or remain in or upon the premises, and designated officials may take necessary action to deny entry or to remove such persons from the premises.

Failure to vacate the premises upon request of designated university officials may result in subsequent legal process under the laws of the state of Washington.

(4) For purposes of WAC 504-36-030 (1) and (2) designated officials include the president of the university, the ((executive)) vice president for business affairs, and the following officials:

(a) Director of athletics for athletic events;

(b) Director of the coliseum for coliseum events;

(c) Director of student activities for events in the Compton Union Building;

(d) ((Chairman)) Chair, department of speech, for events sponsored by the department of speech;

(e) ((Chairman)) Chair, department of music, for events sponsored by the department of music;

(f) Director of the WSR safety division and the chief of the WSU police department;

(g) Officers of the WSU police department when (((1))) (i) acting at the request of any of the above-named officials to enforce university regulations, or (((2))) (ii) enforcing state laws or local ordinances.

[Statutory Authority: RCW 28B.30.125 and 28B.30.150. 80-07-015 (Order 80-2, Resolution 6/80-15), 504-36-030, filed 6/11/80; Order 77-2, 504-36-030, filed 8/3/77.]

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