ORS  Guide
Providing liquor to person under 21 or to intoxicated person
ORS > Criminal Code > Alcohol, Tobacco & Inhalants > 471.410
(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
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