71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2007
 
LC 2319/HB 2007-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2007
 
            By COMMITTEE ON SMART GROWTH AND COMMERCE
 
                            April 27
 
  On page 1 of the printed bill, line 5, delete 'Sections 2 and
3' and insert 'Section 2' and delete 'are' and insert ' is'.
  In line 8, delete 'and procedures' and delete ' off-premises
sales'.
  In line 9, after 'licensees' insert 'and agents operating
stores on behalf of the commission under ORS 471.750'.
  In line 10, delete 'and procedures'.
  In line 13, delete 'and procedures'.
  In line 15, delete 'and procedures'.
  After line 20, insert:
  ' (3) The uniform standards established by the commission under
this section shall provide for random minor decoy operations and
targeted minor decoy operations. Random minor decoy operations
shall be conducted on a statistically random basis in any city
with a population of 20,000 or more, and shall cover a range of
retail outlets that are not preselected on the basis of prior
violations. Targeted minor decoy operations shall be conducted
only if there is a documented compliance problem with the
specific licensee or agent that is the target of the operation.'.
  In line 21, delete '(3)' and insert '(4)' and delete ' (4)' and
insert '(5)'.
  In line 22, delete 'and procedures'.
  In line 25, delete '(4)' and insert '(5)'.
  In line 26, delete 'shall' and insert 'may'.
  In line 27, delete 'an off-premises sales' and insert ' a'.
  In line 31, delete 'and practices'.
  On page 2, delete lines 1 through 15 and insert:
  ' (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) In any prosecution for violation of laws prohibiting
sales of alcoholic beverages to minors that results from a minor
decoy operation, it is an affirmative defense that the minor
decoy operation was not conducted in compliance with the
standards established under this section.
  ' (8) 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.'.
  In line 16, delete '4' and insert '3'.
  After line 37, insert:
  ' (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.'.
  In line 38, delete '5' and insert '4'.
  On page 3, after line 27, insert:
  ' (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.'.
  In line 28, delete '6' and insert '5'.
  After line 43, insert:
  ' (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.'.
  In line 44, delete '7' and insert '6' and delete '4, 5 and 6'
and insert '3, 4 and 5'.
  On page 4, line 1, after 'Commission' insert ', under the
direction of a person licensed under ORS chapter 471'.
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