(1) a licensee or permittee may not allow someone to consume or to continue to consume alcoholic beverages on the licensed premises after observing that they are visibly intoxicated.

(2) a licensee or permittee is not in violation of subsection (1) if they make a good faith effort to remove any unconsumed alcoholic beverages from the person's possession when they observe that the person is visibly intoxicated

(3) nothing in this statute applies to determining liability under 471.565 (liability for providing or serving alcoholic beverages to intoxicated person)

(4) regardless of any other provision of law, the Oregon Liquor Control Commission will only impose letters of reprimand for the first three (3) violations of this statute within a two (2) year period. For license renewal purposes, the first three violations of this section in a two-year period don't apply in determining the past record of compliance under 471.313 (Grounds for refusing to issue license or for issuing restricted license)

(1) anyone who sells any of the smoking devices listed 163.575 (endangering welfare of a minor) (1)(d) will display a sign clearly stating that the sale of such devices to persons under 18 is prohibited by law

The state police, sheriffs, constables and all police officers within the State of Oregon will enforce all provisions of the Liquor Control Act & assist the Oregon Liquor Control Commission in detecting violations of that statute and apprehending offenders. Each such enforcing officer having notice, knowledge or reasonable ground of suspicion of any violation of that statute will immediately notify the district attorney, & furnish the district attorney with names & addresses of any witnesses, or other information within the officer's knowledge, of such violation

(1)(a) anyone who contacts EMS or a law enforcement agency to report a sexual assault crime, or to obtain medical or law enforcement assistance for a victim of a sexual assault crime, is immune from arrest or prosecution for a violation of 471.430 (purchase or possession of alcoholic beverages by someone under 21) if the evidence of the violation was obtained because the person contacted EMS or a law enforcement agency

(b) anyone who is the victim of a sexual assault crime is immune from arrest or prosecution for a violation of 471.430 (purchase or possession of alcoholic beverages by someone under 21) if the evidence of the violation was obtained because any person contacted eEMS or a law enforcement agency to report the crime or to obtain medical or law enforcement assistance for the victim

(2) immunity from arrest or prosecution described in this section is not grounds for the suppression of evidence relating to a criminal offense other than a violation of 471.430 (purchase or possession of alcoholic beverages by someone under 21)

(3) As used in this section, 'sexual assault crime' means an offense described in 163.355 (rape 3) to 163.427 (sexual abuse 1):

• 163.355 (rape 3)

• 163.365 (rape 2)

• 163.375 (rape 1)

• 163.385 (sodomy 3)

• 163.395 (sodomy 2)

• 163.405 (sodomy 1)

• 163.408 (unlawful sexual penetration 2)

• 163.411 (unlawful sexual penetration 1)

• 163.413 (purchasing sex with a minor)

• 163.415 (sexual abuse 3)

• 163.425 (sexual abuse 2)

• 163.427 (sexual abuse 1)

***This statute has been overturned by the legislature in 2022***

(1) it's unlawful for anyone under 18 to possess tobacco products or inhalant delivery systems

(1) no one may sell, give or otherwise make available any alcoholic liquor to anyone who is visibly intoxicated

(2)• no one other than a person's parent or guardian may sell, give or otherwise make available any alcoholic liquor to someone under 21

• a parent or guardian may give or otherwise make alcoholic liquor available to some under 21 years only if the person is in a private residence & is accompanied by their parent or guardian

• it's a violation of this statute to sell, give or otherwise make available alcoholic liquor to anyone with the knowledge that they will violate this subsection

(3)(a) a person who exercises control over private real property may not knowingly allow anyone under 21 who is not their child or minor ward to consume alcoholic liquor on the property, or allow anyone else under 21 who is not their child or minor ward to remain on the property if the underage person consumes alcoholic liquor there

(b) this subsection:

(A) applies only to a person who is present & in control of the location at the time the consumption occurs

(B) doesn't 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) doesn't apply to a person who exercises control over a private residence if the liquor consumed by the person under 21 is supplied only by an accompanying parent or guardian

(4) this section doesn't apply to sacramental wine given or provided as part of a religious rite or service

(5) M(a): except as provided in (6) & (7) below, a violation of (1) or (2) of this statute. Upon violation of subsection (2) of this section, the court shall impose at least a mandatory minimum sentence as follows:

(a) 1st conviction: A fine of at least $500

(b) 2nd conviction: A fine of at least $1,000

(c) 3rd & subsequent conviction: A fine of at least $1,500 and not less than 30 days of imprisonment

(6)(a) anyone who violates (2) is subject to the provisions of this subsection if they do not act knowingly or intentionally and:

(A) are licensed or appointed under this chapter OR*

(B) are an employee of a person licensed or appointed under this chapter & holds a valid service permit or has attended a program approved by the Oregon Liquor Control Commission that provides training to avoid violations of this section

(b) For a person described in paragraph (a) of this subsection:

(A) V(a): 1st conviction

(B) 2nd conviction: is a specific fine violation, with a presumptive fine of $860

(C) M(a): 3rd conviction: the court shall impose a mandatory fine of not less than $1,000

(D) M(a): 4th or subsequent conviction. The court shall impose a mandatory fine of not less than $1,000 and a mandatory sentence of not less than 30 days of imprisonment

(7) V(a): for an employee of an off-premises sales licensee who violates subsection (2) while operating a checkout device & does not act knowingly or intentionally, a 1st conviction is a Class A violation

(10)(a) V(a): except as provided in paragraph (b) of this subsection, anyone who violates subsection (3)

(b) a 2nd or subsequent violation of subsection (3) is a specific fine violation, with a presumptive fine of $1,000

(11) nothing in this statute 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

(1) except as provided in (2) below, no one under 21 may purchase or attempt to purchase tobacco products or an inhalant delivery system

(2) a person under 21 who is acting under the supervision of a person over 21 may purchase or attempt to purchase tobacco products or an inhalant delivery system for the purpose of testing compliance with a federal law, state law, local law or retailer policy limiting or regulating the distribution or sale of tobacco products or inhalant delivery systems to persons who are under the legal minimum purchase age

(1) V(b): anyone under 21 may not attempt to purchase, purchase or acquire alcoholic beverages, unless they are in a private residence accompanied by their parent or guardian and with the parent's or guardian's consent

anyone under 21 may not have personal possession of alcoholic beverages

(2) personal possession of alcoholic beverages includes the acceptance or consumption of a bottle or any portion of a bottle, or a drink of any alcoholic beverage. This statute doesn't prohibit the acceptance or consumption by anyone of sacramental wine as part of a religious rite or service

(3) V(b): except as authorized by rule or as necessitated in an emergency, anyone under 21 may not 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)(b) V(a): violation of subsection (1) by reason of personal possession of alcoholic beverages while the person is operating a motor vehicle

(8) the prohibitions of this statute don't apply to someone under 21 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 21

(9) the prohibitions of this statute don't apply to someone under 21 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 21

(10)(a) a person under 21 isn't in violation of, & is immune from prosecution under, this statute if:

(A) they contacted emergency medical services or a law enforcement agency in order to obtain medical assistance for someone else who was in need of medical assistance due to alcohol consumption & the evidence of the violation was obtained as a result of the person's having contacted emergency medical services or a law enforcement agency OR

(B) they were in need of medical assistance due to alcohol consumption & the evidence of the violation was obtained as a result of their having sought or obtained the medical assistance

(b) paragraph (a) of this subsection doesn't exclude the use of evidence obtained as a result of a person's having sought medical assistance in proceedings for crimes or offenses other than a violation of this section

(1) anyone having authority over the location of tobacco products or inhalant delivery systems in a retail store may not locate the tobacco products or inhalant delivery systems in a location in the store where they are accessible by store customers without assistance by a store employee

(2) each day that the person commits the violation constitutes a separate offense

(3) this statute doesn't apply if the location at which the tobacco products or inhalant delivery systems are sold is a store or other establishment that prohibits persons under 21 from entering

(1) it's a violation of this statute if the suspect engages in any of the following:

(a) knowingly distributes or sells, or allows to be sold, tobacco products to anyone under 21

(b) knowingly distributes or sells, or allows to be sold, an inhalant delivery system to anyone under 21

(c) if the suspect is a manager or someone who supervises the retail sale of tobacco products or inhalant delivery systems, & is acting within the course & scope of their employment and they have supervisory authority over someone who violates (a) or (b) above OR

(d) if the suspect is an owner of a business selling tobacco products or inhalant delivery systems at retail, and a violation of (a) or (b) above occurs at the business.

(2)(a) violation of (1)(a) or (b) is a specific fine violation punishable by a fine not to exceed $50.

(b) violation of (1)(c) is a specific fine violation punishable by a fine not to exceed:

(A) $250 for the first or second violation OR

(B) $500 for the third or subsequent violation

(c) violation of (1)(d) is a specific fine violation punishable by a fine not to exceed:

(A) $500 for the first or second violation OR

(B) $1,000 for the third or subsequent violation

(2) V(c): it's unlawful for anyone to possess any inhalant if they intend to use it to induce intoxication in themselves or anyone else

(3) V(c): no one may use any inhalant for the purpose of inducing intoxication in themselves or anyone else

(4) the prohibitions of this statute don't apply to any substance that:

(a) has been prescribed by a health practitioner, as described 31.740, & that is used in the manner prescribed by them OR

(b) is administered or used under the supervision of a health practitioner, as described 31.740

(5)(a) violation of this section is a Class C violation. In addition to or in lieu of a fine, a juvenile court may require that a minor who engages in conduct prohibited by this section be provided with treatment and counseling

(b) M(b): Notwithstanding paragraph (a) of this subsection, a second or subsequent violation of this section by a person is a Class B misdemeanor. If a juvenile court finds that a minor has engaged in conduct prohibited by this section on a second or subsequent occasion, the court shall require that the minor receive treatment and counseling