By Dr. Rachel S. Silverman
In October 2024, the University of Nebraska Board of Regents voted to approve alcohol sales at all athletic events across the NU system. The University of Nebraska–Lincoln (UNL) was the last Big Ten school to approve alcohol sales at football games. In addition to football, UNL now sells alcohol at baseball, softball, basketball, volleyball, and soccer games. The University of Nebraska–Omaha (UNO) serves alcohol at hockey, basketball, volleyball, softball, baseball, and soccer events.
The University of Nebraska–Kearney (UNK) had advertised that it would sell alcohol at its first home football game on September 6, 2025. However, the day before the game, UNK released a last-minute announcement stating, “due to unforeseen issues with vendor insurance relative to university requirements, alcohol will not be served at Saturday’s Nebraska Kearney football game with Chadron State” (UNK Athletics, 2025). The announcement was posted on the UNK Athletics website as well as its social media accounts.
UNK uses Nightlife Concepts, a Kearney-based LLC that owns restaurants such as Cunningham’s Journal, to provide concessions at athletic events. University of Nebraska system rules require the company to carry $5 million worth of liquor liability coverage. However, before the UNK home opener, the vendor only had $1 million in coverage. There was also a question of whether the vendor’s insurance extended to stadiums (Bonderson, 2025). UNK and Nightlife Concepts were still unable to resolve the issue by the second home game, and now UNK has stated they will not move forward with alcohol sales at Loper Football games for the remainder of the season. The insurance costs were too expensive for the university and for Nightlife Concepts.
Alcohol-Related Incidents at College Athletic Events
In 2023, Knoxville city regulators filed a complaint against Aramark, the concessionaire at Neyland Stadium, after multiple citations were issued for selling beer to underage fans. The city sought to suspend the stadium’s beer permit, citing a pattern of violations and a failure to maintain compliance despite prior warnings (Jackson, 2022). The city and Aramark reached an agreement, which included Aramark paying a fine of $5,200 and incurring administrative costs, making a voluntary donation of $30,000 to the Metro Drug Coalition, providing training for new employees and retraining current employees, and ensuring that only Aramark employees conduct ID checks. The case was dismissed after the agreement was reached.
At the University of Texas, unruly fan behavior, including throwing objects onto the field, prompted the Southeastern Conference (SEC) to warn the school that its alcohol sales program could be curtailed if controls were not improved (Associated Press, 2024). The SEC fined the University of Texas $250,000. Unlike Tennessee, this was not a municipal enforcement but a conference-level governance issue. The SEC has the authority to impose restrictions regardless of state or university policy, effectively serving as a “meta-regulator.” The Texas example illustrates how league-level oversight adds another layer of liability and compliance risk, underscoring the need for strict SOPs on packaging, drink limits, cut-off times, and documentation of incident responses.
At the 2011 Harvard–Yale football game, a U-Haul truck carrying beer kegs to a tailgate plowed into a crowd of pedestrians, killing one woman and seriously injuring two others (Associated Press, 2012). Lawsuits followed against the driver, a Yale fraternity, U-Haul, and others. The driver turned himself in and was charged with negligent homicide and reckless driving. He later accepted a plea deal that allowed reduced charges and accelerated rehabilitation in a fatal motor vehicle accident. The civil cases eventually settled, and Yale significantly restricted tailgating practices in the aftermath. This tragedy highlights how catastrophic alcohol-related losses at college sporting events can result in wrongful-death litigation, multi-defendant exposure, and sweeping policy changes.
In 2021, researchers studied a large Midwestern university after it began selling alcohol at football games for the first time. The goal was to determine the impact of in-stadium alcohol sales on alcohol-related emergency department visits and local EMS calls (Ruehlmann et al., 2023). Results showed a decrease in alcohol-related EMS calls on home game days, although the difference was not statistically significant. In-stadium alcohol sales had no significant impact on emergency department visits. The reason for this outcome is unclear, but it is possible that fans consumed less alcohol at tailgate parties, knowing they could purchase it in the stadium. Long lines and a two-beverage limit may also have discouraged excessive consumption.
Troy Dannen, Director of Husker Athletics, acknowledged the challenges: “We’re not going to eliminate binge drinking,” Dannen said. “There isn’t anything any of us can do to eliminate binge drinking. Right now, we have binge drinking, it was noted, without alcohol sales in the stadium” (Bonderson, 2024).
After the first Husker football game with alcohol sales permitted (Aramark sold over 38,700 cans), DUI arrests were below average (Bonderson, 2025).
- DUI arrests: Lincoln police averaged seven per game in 2024; on September 6, 2025, there were only three.
- Calls for service: Increased to 380 compared to 343 last season.
- Alcohol-related calls: Dropped from an average of 17 to 14.
- Nebraska State Patrol: Reported one DUI arrest in Lancaster County, compared to an average of two last year. Last season’s highest total of DUI arrests was four on the day the Huskers became bowl eligible in a win over Wisconsin.
- In-stadium incidents: 20 alcohol-related incidents, slightly above the six-game average for night games (18), but below the average of the previous three evening games (22).
- Alcohol violations: Only one issued, compared to a five-year average of 2.1.
Dram Shop Laws
State laws vary, but many have some version of a dram shop law. A dram shop is a commercial establishment that sells alcoholic beverages. The term initially referred to a place where alcohol was served by the “dram,” a small serving of liquid. Dram shop laws hold businesses liable when they serve a visibly intoxicated or underage person who later causes harm (Cornell Law School, 2025).
Nebraska Revised Statute 53-101 is the Nebraska Liquor Control Act. Nebraska’s dram shop law (§53-404) is limited to cases involving intoxicated minors.
NU System Alcohol Risk Management
UNK, along with the other NU system schools, has implemented an alcohol risk management plan for athletic events. UNK’s policies include a no re-entry policy, bag checks, a two-drink limit per purchase, sales ending at the conclusion of the third quarter, and restricted areas where alcohol is permitted (Gottula, 2025). Alcohol may be consumed in home and visitor seating areas, but not in the south end zone grass area or designated Kids Zone. These areas are intended to remain alcohol-free and family-friendly. Customers must be 21 or older and present a valid government-issued ID to purchase alcohol. Wristbands are issued at ID check stations. Alcohol must be served in original, non-glass containers. Fans are prohibited from bringing alcohol into or out of the stadium. Disorderly fans will be removed. Signage throughout the season will encourage responsible alcohol behavior. 5% of annual revenue from alcohol sales is earmarked to fund alcohol education and counseling through Student Health and Counseling.
Aramark S+E runs UNL’s concessions. Policies mirror those of UNK, including no re-entry, clear bag policy, a two-beverage limit per person per transaction, ID checks, and the discontinuation of alcohol sales at the end of the third quarter (Huskers, 2025). UNL’s policies also allow management to suspend alcohol service at any time. Aramark, UNL Athletics, and the Nebraska Campus Recovery Community jointly implemented a designated driver program at Memorial Stadium. Those who pledge receive a coupon for a free soft drink or water.
UNO has permitted alcohol sales at Baxter Arena since its opening. Baxter Arena enforces a clear bag policy, ID checks, a two-drink-per-purchase limit, and a refusal-of-service policy for intoxicated or disruptive guests. Alcohol sales are discontinued approximately 45 minutes before the end of each event.
Alcohol Risk Management Recommendations
Insufficient insurance increases the risk of litigation, both liquor liability and premises liability, for universities and vendors alike. Liquor liability insurance should be secured well in advance of events or seasons, with best practice requiring verification of coverage 30–45 days prior to the event. An effective alcohol management plan should also incorporate the following elements:
- Mandatory staff training: Completion of a certified alcohol service training program.
- Strict ID checks: Verification with government-issued identification at every point of sale.
- Beverage controls: Limits on the number and size of alcoholic beverages sold per transaction.
- Service cut-off times: Clearly defined end times for alcohol sales (e.g., conclusion of the third quarter).
- Tailgating policies: Oversight of tailgate areas, including restrictions on vehicle access, kegs, and underage drinking.
- Crowd management: Deployment of trained personnel to monitor fan behavior and intervene when necessary.
- Designated driver programs: Incentives such as free soft drinks for fans who pledge sobriety.
- Ejection protocols: Rigorous enforcement of removal policies for intoxicated or disruptive individuals.
- Family-friendly zones: Clearly designated alcohol-free sections of the venue.
The decision to sell alcohol at a facility or event should be based on a holistic analysis of university policy, governing body regulations, potential liabilities, and potential revenue. While alcohol sales can generate substantial income, universities must weigh those benefits against the legal and reputational risks.
Ultimately, a comprehensive Alcohol Management Plan should ensure not only legal compliance but also promote safe and responsible consumption, providing an environment where all patrons can enjoy the game-day experience.
References
Associated Press. (2012). Arrest made in deadly 2011 Yale tailgating crash. CBS News. https://www.cbsnews.com/news/arrest-made-in-deadly-2011-yale-tailgating-crash/
Associated Press. (2024). No Texas fans punished for throwing bottles in Georgia game. ESPN. https://www.espn.com/college-football/story/_/id/42795909/no-texas-fans-caught-punished-throwing-bottles-field
Bonderson, A. (2024, October 4). Nebraska regents approve alcohol sales at Memorial Stadium and university sporting events. Nebraska Public Media. https://nebraskapublicmedia.org/en/news/news-articles/nebraska-regents-approve-alcohol-sales-at-memorial-stadium-and-university-sporting-events
Bonderson, A. (2025, September 8). Insurance issue halts alcohol sales at University of Nebraska Kearney football game. Nebraska Public Media. https://nebraskapublicmedia.org/en/news/news-articles/insurance-issue-halts-alcohol-sales-at-university-of-nebraska-kearney-football-game/
Bonderson, A. (2025, September 10). Few issues reported from first Husker football game with alcohol. Nebraska Public Media. https://nebraskapublicmedia.org/en/news/news-articles/few-issues-reported-from-first-husker-football-game-with-alcohol/
Dram shop rule. (2025). Cornell Law School: Legal Information Institute. https://www.law.cornell.edu/wex/dram_shop_rule
Football game day information. (2025). https://huskers.com/football-game-day-information
Gottula, T. (2025, August 5). UNK sets game day changes ahead of Sept. 6 football opener; includes alcohol sales, no re-entry policy. UNK News. https://unknews.unk.edu/2025/08/05/unk-sets-game-day-changes-ahead-of-sept-6-football-opener-includes-alcohol-sales-no-re-entry-policy/
Jackson, W. (2022). Neyland stadium beer vendor blamed for underage sales, unruly fans, per report. Sports Illustrated. https://www.si.com/college/2022/12/06/neyland-stadium-beer-vendor-blamed-underage-sales-unruly-fans
Ruehlmann, D., Halbur, C., Moylan, C., Georgakakos, P., Negaard, M., & House, H. (2023). The impact of alcohol sales in a college football stadium on healthcare utilization. Western Journal of Emergency Medicine, 24(2), 210. https://doi.org/10.5811/westjem.2022.11.58766
Dr. Rachel S. Silverman is an Assistant Professor and Program Coordinator for the Sport Management Program at the University of Nebraska at Kearney. She is on the SRLA and COSMA Board of Directors. Her research agenda focuses on women in sports, including legal, sociological, and ethical aspects of sport management. In addition to peer-reviewed publications, she is the author of an open-access textbook, Game Plan: Programming for Sport and Recreation, and has contributed multiple chapters in Safe at First: The Essential Risk Management Guide for Sport Administrators (2nd ed.).
