71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2319
B-Engrossed
House Bill 2007
Ordered by the Senate June 18
Including House Amendments dated April 27 and Senate Amendments
dated June 18
Sponsored by Representative SIMMONS (at the request of Scott
Ludwig)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Directs Oregon Liquor Control Commission to establish uniform
standards for minor decoy operations used to investigate unlawful
sales of alcoholic beverages to minors. Prohibits commission from
considering sale to minor resulting from improper decoy operation
in taking action against licensee. Provides affirmative defense
in prosecution that minor decoy operation was not conducted in
compliance with commission standards.
A BILL FOR AN ACT
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. + }
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