Wayne State University

Aim Higher

Policies-11

05-6 Distribution and Sales of Literature, Food and Goods

1.0  Purpose

1.1     This university policy is issued pursuant to the Board of Governors’ statutes, “Distribution and Sales in the Student Center Building,” “Sales on Campus, Other than Sales of Literature,” and “Distribution and Sale of Literature.”  The purpose of the policy is to establish, regularize, and publish procedures regarding the distribution and sale of literature, food, goods, and services on the Wayne State University campus.  The policy seeks to provide the widest possible freedom to distribute and sell literature, food, goods and services, balancing that freedom with the need to keep outdoor walkways open, the need to preserve indoor areas for the purposes to which the areas are dedicated, and the need to maintain public health and safety.

2.0  Definitions

2.1     “Classroom building” is defined as a building used primarily for teaching purposes.

2.2     “Designated areas” are such areas selected by the chief of staff or his/her designee as appropriate for the activities regulated by this order.  Such designated areas must be sufficiently out of traffic patterns and removed from the “business” purposes of the buildings so as not to interfere with the operation of the buildings or University activities therein.  In classroom buildings whose principal use is for the functions performed by a college or one of its subunits, the designated areas shall be selected after consultation with the appropriate dean.

2.3     “Goods” are all things (including specially manufactured goods) which are movable and treated as commodities for sale or transfer, except literature.

2.4     “Literature” is defined as any written material, including, for example, bumper stickers, buttons, flags, and any other material with a significant “communicating” purpose or effect.

3.0  Policy

3.1      Literature

3.1.1  Recognized student organizations and university departments may distribute literature in designated areas in the Student Center Building under the conditions specified in section 4.1, in designated areas in classroom buildings, and outdoors under the conditions specified in section 4.7.

3.1.2  Any person may distribute literature in designated areas of classroom buildings, in rented or donated space under the conditions specified in section 4.5, or outdoors under the conditions specified in section 4.7.

3.1.3  Recognized student organizations and university departments may sell literature in the Student Center Building under the conditions specified in section 4.2, or outdoors under the conditions specified in section 4.7.

3.1.4  Any person may sell literature in the Student Center Building under the conditions specified in section 4.2, in rented or donated space under the conditions specified in sections 4.4 and 4.5, or outdoors under the conditions specified in section 4.7.                                                                                                                                                                                                                                                                                                             

3.1.5  Any University organization chartered under University regulations, and any recognized student organization, may deliver literature to campus offices, provided the organization and its agents do not interfere with University purposes.

3.2      Food

3.2.1  No person may distribute food on University property, except as specified in this university policy.

3.2.2  Recognized student organizations may sell food in designated areas in classroom buildings under the conditions specified in section 4.3, or in rented space under the conditions specified in sections 4.4., 4.5, and 4.6.

3.2.3  Recognized student organizations, University departments or organizations, and vendors operating pursuant to existing contract(s) with the University, may sell food in designated outdoor areas on University property, under the conditions specified in section 4.8.

3.2.4  All other persons may sell food only within rented space, under the conditions specified in sections 4.4., 4.5, and 4.6.

3.3      Goods

3.3.1  No person may distribute goods on University property, except as specified in this Executive Order.

3.3.2  Recognized student organizations may sell goods in designated areas in the Student Center Building, designated areas in classroom buildings, or in rented or donated space under the conditions specified in sections 4.4 and 4.5.

3.3.3  All other persons may sell goods in designated areas in the Student Center Building, or in rented space under the conditions specified in sections 4.4 and 4.5.

3.4     Unattended Literature Distribution Boxes

3.4.1  The chief of staff shall, without charge and on an equal basis, grant permits for a fixed term, not to exceed one year, which may be renewed, to any University organization recognized by Statute, or chartered under other University regulations, and to recognized student organizations, for the placement within University buildings of distribution boxes for leaving unattended literature that is free (not for sale), for pick up by passers-by.  Permits may not be denied or revoked, and their renewal may not be denied on the basis of the content of the literature.  The chief of staff may establish reasonable rules regarding sites, design and maximum number of boxes, related to such factors as aesthetics and traffic, but not related to the content of the literature.

3.4.2  If a permit holder violates the provisions of the permit or University rules, the chief of staff shall notify the permit holder of the violation(s) and offer him/her the opportunity to be heard regarding the violation(s), and may thereafter revoke or refuse to renew any permit based upon the violation(s) of which the permit holder was notified.  If the chief of staff revokes or refuses any permit, his/her communication must state specifically the basis for the revocation or refusal.  A revocation or refusal may be appealed to the President or his/her designee.  Facilities Planning and Management shall remove any box placed without a permit.

3.5      Newspaper Coin Boxes

3.5.1  The vice president for finance & business operations or his/her designee shall, without charge and on an equal basis, grant one-year permits, which may be renewed, for the outdoor placement of coin boxes for the sale of literature.  Permits may not be denied or revoked, and their renewal may not be denied, on the basis of the content of the literature.  The vice president for finance & business operations  may establish reasonable rules regarding sites, design, and maximum number of boxes related to such factors as aesthetics and pedestrian and vehicular traffic but not related to the content of the literature.

3.5.2  If a permit holder’s delivery vehicles are driven on non-vehicle areas of the campus, or if a permit holder violates the provisions of the permit or University rules, the vice president for finance & business operations shall notify the permit holder of the violation(s), and offer the permit holder the opportunity to be heard regarding the violation(s).  The vice president may thereafter revoke or refuse to renew any coin box permit based upon the violation(s) of which the permit holder was notified.  If the vice president for finance & business operations revokes or refuses any permit, his/her communication must specifically state the basis for the revocation or refusal.  A revocation or refusal may be appealed to the President or his/her designee.  Facilities Planning and Management shall remove any coin box placed without a permit.

4.0  Administration

4.1     Designated areas for the distribution of literature in the Student Center Building shall be allocated without cost, without regard to the content of the literature, and on an equal basis.  If the space is not available at the time requested, the student organization or the University department shall be granted use of the space at the next available time.

4.2     Designated areas for the sale of literature and goods in the Student Center Building shall be allocated on an equal basis, without regard to the content of the literature, pursuant to a system in which individuals or organizations (1) may sign up for weeks in advance to reserve one table-day per week; (2) may—during any week – sign up to reserve any previously unbooked table, one day at a time; and (3) may, on any day, book a table that has been reserved but not claimed.  Space shall be allocated to individuals and organizations – other than student organizations – at a fair cost in lieu of rent.

4.3     The chief of staff or his/her designee shall establish and/or continue a system pursuant to which recognized student organizations shall be eligible to apply for permits for use of designated areas in classroom buildings, to conduct sales to raise funds for the benefit or purposes of the organization.  Recognized student organizations related to each particular classroom building shall have an equal opportunity to obtain permits for sales within that building, and shall have priority over other recognized student organizations.  Other recognized student organizations shall, among themselves, have an equal opportunity to obtain permits.

4.4     The chief of staff or his/her designee shall establish a system pursuant to which permits may be issued to persons or organizations to which the University has rented space, to conduct sales within that space.  The chief of staff shall appoint an appropriate University officer, with respect to each building where sales may be conducted, to administer the permit program.  As to those classroom buildings whose principal use is for the functions performed by a college or one of its subunits, the chief of staff shall make the appointment after consultation with the appropriate dean.

4.5     Space rented for the purpose of sales or distribution must be of an enclosed nature and shall be located so as not to interfere with traffic patterns.  Sales or distribution within such space may be undertaken only by the renter and may not interfere with University purposes.

4.6     The University officer who administers the permit in each building shall not issue any permit of food sales without having received evidence of approval of the sale by the University’s Department of Environmental Health and Safety.

4.7     Outdoor distribution or sale of literature shall take place only by hand in areas more than 15 feet from an entrance to any building.  Literature shall not be left unattended.  Distributors or sellers of literature shall not create undue traffic congestion and shall not set up tables or other furniture except on paved walks or plazas at locations where traffic will not be hindered.

4.8     All sales permits shall state expressly that the University will not indemnify the sellers for any liability that they may incur as a result of the sale, and shall require the seller to state clearly to the public that the sale is not a sale by the University.

4.9     All sellers and distributors shall clean up litter resulting from the sales or distribution.  A permit holder’s failure adequately to clean up may constitute cause to deny future permits to the permit holder.   The permit holder will be charged the fees incurred for clean-up.                                                                                                                                                                                                                                                                                                                                                                                                                                                  

4.10   Should the University incur any liability as a result of non-compliance with this university policy, the vice president for finance & business operations will determine the amount of the liability and which budgetary unit is responsible.

5.0  Limitation

5.1     Buildings on the campus are dedicated to particular University functions of teaching, research, service, and administrative support; they are not public forums.  No distribution or sales of literature, food, goods, or services is permitted on campus except as expressly provided in this university policy.

5.2     Should a violation of this university policy occur, any University employee may direct the violator(s) to stop the violation.  If the direction is not followed, Public Safety officers shall enforce the applicable Board of Governors’ statute.

6.0  Duration

6.1     This executive order is revocable at any time and without notice.

7.0  Effective Date

7.1      This executive order is effective upon issuance.

7.2     Executive Order 94-1 “Distribution and Sales of Literature, Foods, Goods and Services,” is hereby revoked, effective immediately.

 

Signed by President Irvin D. Reid September 25, 2005.