74th OREGON LEGISLATIVE ASSEMBLY--2007 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 982
 
                           A-Engrossed
 
                         House Bill 2150
                Ordered by the House February 28
          Including House Amendments dated February 28
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Attorney General Hardy
  Myers for Attorney General's Underage Drinking Task Force)
 
 
                             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.
 
  Allows cities with populations of   { - 500,000 - }
 { + 70,000 + } or more to conduct random minor decoy operations
within specified geographical areas that have populations of
20,000 or more.
 
                        A BILL FOR AN ACT
Relating to minor decoy operations; amending ORS 471.346.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.346 is amended to read:
  471.346. (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) In cities with populations of 70,000 or more, the
uniform standards established by the commission under this
section shall allow a random minor decoy operation within the
boundaries of the city or within a specified geographical area
that has a population of at least 20,000. If a specified
geographical area is the subject of a random minor decoy
operation under this subsection, the methodology adopted by the
commission under subsection (3) of this section shall produce, to
the greatest extent possible, an equal chance that any licensee
or agent within the geographical area will be subject to a minor
decoy operation. + }
    { - (4) - }  { +  (5) + } Except as provided in subsection
 { - (5) - }  { +  (6) + } 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) - }  { +  (6) + } 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) - }  { +  (7) + } 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) - }  { +  (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.
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