Chapter 791 Oregon Laws 2001
AN ACT
HB 2007
Relating to sales of
alcoholic beverages; creating new provisions; and amending ORS 30.960, 165.805
and 471.430.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2001 Act is added to
and made a part of ORS chapter 471.
SECTION 2.
(1) The Oregon Liquor Control Commission
shall by rule develop uniform standards for minor decoy operations used to
investigate licensees and agents operating stores on behalf of the commission
under ORS 471.750 for violations of the laws of this state prohibiting sales of
alcoholic beverages to minors. Uniform standards established by the commission
under this section apply to all investigations conducted by the commission that
use minor decoys. The commission shall encourage all law enforcement agencies
of this state to use the uniform standards established under this section for
minor decoy operations conducted by the law enforcement agencies.
(2) To the greatest
extent possible, the uniform standards established by the commission under this
section:
(a) Shall be the same
for minor decoy operations conducted by the commission and for minor decoy
operations conducted by law enforcement agencies of this state; and
(b) Shall provide for
coordination between the commission and law enforcement agencies of this state
in conducting minor decoy operations.
(3) The uniform
standards established by the commission under this section shall provide that
minor decoy operations must be conducted on either a random or a targeted basis
in cities with populations of 20,000 or more. Random minor decoy operations
shall cover a range of retail outlets. Targeted minor decoy operations may be
conducted for a single licensee or agent, but may be used only if there is a documented
compliance problem with the specific licensee or agent that is the target of
the operation. For the purpose of implementing standards for random minor decoy
operations under this subsection, the commission shall by rule adopt a
methodology that produces, to the greatest extent possible, an equal chance
that any licensee or agent will be subject to a minor decoy operation.
(4) Except as provided
in subsection (5) of this section, the failure of the commission or of a law
enforcement agency to follow uniform standards established by the commission
under this section is not grounds for challenging any complaint, citation or
conviction for violation of the laws prohibiting the sale of alcoholic
beverages to minors.
(5) In determining
whether to impose sanctions based on multiple violations of the laws of this
state prohibiting sales of alcoholic beverages to minors, the commission may
not consider any complaint filed against a licensee for selling alcoholic
beverages to a minor, citation issued to a licensee for selling alcoholic
beverages to a minor or conviction of a licensee for selling alcoholic
beverages to a minor if the complaint, citation or conviction arose out of a
minor decoy operation that was not conducted pursuant to the uniform standards
established by the commission under this section.
(6) Notwithstanding any
other provision of this chapter, the commission may not consider any sale of
alcoholic beverages to a minor that results from a minor decoy operation that
is not conducted in compliance with the standards established under this
section for the purpose of imposing any civil penalty against a licensee,
making a decision on the renewal, suspension or cancellation of a license
issued under this chapter or otherwise sanctioning a licensee for the sale of
alcoholic beverages to a minor.
(7) The commission shall
give notice of the uniform standards established under this section to all law
enforcement agencies of this state that conduct minor decoy operations.
SECTION 3.
ORS 165.805 is amended to read:
165.805. (1) A person commits the crime of
misrepresentation of age by a minor if:
(a) Being less than a certain, specified age, the person
knowingly purports to be of any age other than the true age of the person with
the intent of securing a right, benefit or privilege which by law is denied to
persons under that certain, specified age; or
(b) Being unmarried, the person knowingly represents that
the person is married with the intent of securing a right, benefit or privilege
which by law is denied to unmarried persons.
(2) Misrepresentation of age by a minor is a Class C
misdemeanor.
(3) In addition to and not in lieu of any other penalty
established by law, a person who, using a driver permit or license or other
identification issued by the Department of Transportation of this state or its
equivalent in another state, commits the crime of misrepresentation of age by a
minor in order to purchase or consume alcoholic liquor may be required to
perform community service and the court shall order that the person’s driving
privileges and right to apply for driving privileges be suspended for a period
not to exceed one year. If a court has issued an order denying driving
privileges under this section, the court, upon petition of the person, may
withdraw the order at any time the court deems appropriate. The court
notification to the department under this subsection may include a
recommendation that the person be granted a hardship permit under ORS 807.240
if the person is otherwise eligible for the permit.
(4) The prohibitions
of this section do not apply to any person acting under the direction of the
Oregon Liquor Control Commission or under the direction of state or local law
enforcement agencies for the purpose of investigating possible violations of laws
prohibiting sales of alcoholic beverages to persons who are under a certain,
specified age.
(5) The prohibitions of
this section do not apply to a person under the age of 21 years who is acting
under the direction of a licensee for the purpose of investigating possible
violations by employees of the licensee of laws prohibiting sales of alcoholic
beverages to persons who are under the age of 21 years.
SECTION 4.
ORS 471.430 is amended to read:
471.430. (1) No person under the age of 21 years shall
attempt to purchase, purchase or acquire alcoholic liquor. Except when such
minor is in a private residence accompanied by the parent or guardian of the
minor and with such parent’s or guardian’s consent, no person under the age of
21 years shall have personal possession of alcoholic liquor.
(2) For the purposes of this section, personal possession
of alcoholic liquor includes the acceptance or consumption of a bottle of such
liquor, or any portion thereof or a drink of such liquor. However, this section
does not prohibit the acceptance or consumption by any person of sacramental
wine as part of a religious rite or service.
(3) Except as authorized by rule or as necessitated in an
emergency, no person under the age of 21 years shall enter or attempt to enter
any portion of a licensed premises that is posted or otherwise identified as
being prohibited to the use of minors.
(4) Any person who violates subsection (1) or (3) of this
section commits a Class B violation.
(5) In addition to and not in lieu of any other penalty
established by law, a person under the
age of 21 years [of age] who
violates subsection (1) of this section through misrepresentation of age may be
required to perform community service and the court shall order that the
person’s driving privileges and right to apply for driving privileges be
suspended for a period not to exceed one year. If a court has issued an order
denying driving privileges under this section, the court, upon petition of the
person, may withdraw the order at any time the court deems appropriate. The
court notification to the Department of Transportation under this subsection
may include a recommendation that the person be granted a hardship permit under
ORS 807.240 if the person is otherwise eligible for the permit.
(6) In addition to and not in lieu of any penalty
established by law, the court:
(a) Shall order a person who is at least 18 years of age
and not more than 21 years of age, who is convicted of violation of this
section and who has been convicted of violation of this section at least once
before when the person was at least 18 years of age, to undergo assessment and
treatment as provided in ORS 471.432.
(b) May order a person who is at least 18 years of age and
not more than 21 years of age and who is convicted of violation of this section
to undergo assessment and treatment as provided in ORS 471.432.
(7) The prohibitions
of this section do not apply to a person under the age of 21 years who is
acting under the direction of the Oregon Liquor Control Commission or under the
direction of state or local law enforcement agencies for the purpose of investigating
possible violations of laws prohibiting sales of alcoholic beverages to persons
who are under the age of 21 years.
(8) The prohibitions of
this section do not apply to a person under the age of 21 years who is acting
under the direction of a licensee for the purpose of investigating possible
violations by employees of the licensee of laws prohibiting sales of alcoholic
beverages to persons who are under the age of 21 years.
SECTION 5.
ORS 30.960 is amended to read:
30.960. (1) Notwithstanding ORS 30.950 and 471.130, no
licensee, permittee or social host shall be liable to third persons injured by
or through persons [not having reached]
under the age of 21 years [of age] who obtained alcoholic beverages
from the licensee, permittee or social host unless it is demonstrated that a
reasonable person would have determined that identification should have been
requested or that the identification exhibited was altered or did not
accurately describe the person to whom the alcoholic liquor was sold or served.
(2) A person who is under 21 but at least 18 years of age and who through misrepresentation of
age causes an Oregon Liquor Control Commission licensee to be fined or have a
license suspended or revoked shall be civilly liable for damages sustained by
the licensee. The court may award reasonable attorney fees to the prevailing
party in an action under this subsection.
(3) Subsection (2)
of this section does not apply to a person under the age of 21 years who is
acting under the direction of the Oregon Liquor Control Commission or under the
direction of state or local law enforcement agencies for the purpose of investigating
possible violations of laws prohibiting sales of alcoholic beverages to persons
who are under the age of 21 years.
(4) Subsection (2) of
this section does not apply to a person under the age of 21 years who is acting
under the direction of a licensee for the purpose of investigating possible
violations by employees of the licensee of laws prohibiting sales of alcoholic
beverages to persons who are under the age of 21 years.
SECTION 6.
The amendments to ORS 30.960, 165.805
and 471.430 by sections 3, 4 and 5 of this 2001 Act apply to all conduct of
persons acting under the direction of the Oregon Liquor Control Commission,
under the direction of a person licensed under ORS chapter 471 or under the
direction of state or local law enforcement agencies for the purpose of
investigating possible violations of laws prohibiting sales of alcoholic
beverages to persons who are under a certain, specified age, without regard to
whether the conduct occurred before, on or after the effective date of this
2001 Act.
Approved by the Governor
July 18, 2001
Filed in the office of
Secretary of State July 18, 2001
Effective date January 1,
2002
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