75th OREGON LEGISLATIVE ASSEMBLY--2009 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 768
 
                         House Bill 2246
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Oregon Liquor Control Commission)
 
 
                             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 as
introduced.
 
  States conditions under which parent or guardian may give or
otherwise make alcoholic liquor available to person under 21
years of age. Exempts person exercising control over private
residence from liability for allowing use of property by person
under age of 21 years to consume alcoholic liquor supplied by
accompanying parent or guardian.
 
                        A BILL FOR AN ACT
Relating to the consumption of alcoholic liquor by underage
  persons; creating new provisions; and amending ORS 471.410.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.410 is amended to read:
  471.410. (1)   { - No person shall - }  { +  A person may
not + } sell, give or otherwise make available any alcoholic
liquor to any person who is visibly intoxicated.
  (2) No one other than the person's parent or guardian shall
sell, give or otherwise make available any alcoholic liquor to a
person under the age of 21 years.  { + A parent or guardian may
give or otherwise make alcoholic liquor available to a person
under the age of 21 years only if the person is in a private
residence and is accompanied by the parent or guardian.  + }A
person violates this subsection who sells, gives or otherwise
makes available alcoholic liquor to a person with the knowledge
that the person to whom the liquor is made available will violate
this subsection.
  (3) { + (a) + }   { - No - }   { + A + } person who exercises
control over private real property may  { + not  + }knowingly
allow any other person under the age of 21 years who is not a
child or minor ward of the person to consume alcoholic liquor on
the property, or allow any other person under the age of 21 years
who is not a child or minor ward of the person to remain on the
property if the person under the age of 21 years consumes
alcoholic liquor on the property.   { - The prohibitions of - }
   { +  (b) + } This subsection { + : + }   { - apply - }
   { +  (A) Applies + } only to a person who is present and in
control of the location at the time the consumption
occurs { + ; + }  { - . The prohibitions of This subsection
do - }
 
   { +  (B) Does + } not apply to the owner of rental property,
or the agent of an owner of rental property, unless the
consumption occurs in the individual unit in which the owner or
agent resides  { - . - }  { + ; and
  (C) Does not apply to a person who exercises control over a
private residence if the liquor consumed by the person under the
age of 21 years is supplied only by an accompanying parent or
guardian. + }
  (4) A person who violates subsection (1) or (2) of this section
commits a Class A misdemeanor. Upon violation of subsection (2)
of this section, the court shall impose at least a mandatory
minimum sentence as follows:
  (a) Upon a first conviction, a fine of $350.
  (b) Upon a second conviction, a fine of $1,000.
  (c) Upon a third or subsequent conviction, a fine of $1,000 and
not less than 30 days of imprisonment.
  (5) The court   { - shall - }  { +  may + } not waive or
suspend imposition or execution of the mandatory minimum sentence
required by subsection (4) of this section. In addition to the
mandatory sentence the court may require the violator to make
restitution for any damages to property where the alcoholic
liquor was illegally consumed or may require participation in
volunteer service to a community service agency.
  (6) The mandatory minimum penalty provisions of subsection (4)
of this section   { - shall - }  { +  do + } not apply to persons
licensed or appointed under the provisions of this chapter.
  (7) A person who violates subsection (3) of this section
commits a violation. Upon violation of subsection (3) of this
section, the court shall impose at least a mandatory minimum fine
as follows:
  (a) Upon a first conviction, a fine of $350.
  (b) Upon a second or subsequent conviction, a fine of $1,000.
  (8) Nothing in this section prohibits any licensee under this
chapter from allowing a person who is visibly intoxicated from
remaining on the licensed premises so long as the person is not
sold or served any alcoholic liquor.
  SECTION 2.  { + The amendments to ORS 471.410 by section 1 of
this 2009 Act apply to:
  (1) The selling, giving or making available of alcoholic liquor
on or after the effective date of this 2009 Act for the purpose
of enabling a person under the age of 21 years to possess the
alcoholic liquor; and
  (2) A person exercising control over private property at which
a person under the age of 21 years consumes alcoholic liquor on
or after the effective date of this 2009 Act. + }
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