| Alcohol and Minors |
 |
|
|
 |
| Keeping alcohol out of the hands of minors |
|
Keeping alcohol out of the hands of minors is a priority for the OLCC. Here are some of the ways that we work to reduce minors' access to alcohol.
Working with grocery stores
When we receive a complaint about a store selling to minors, we contact the owner or manager, discuss the complaint with them, educate them about relevant laws and rules. Some local law enforcement agencies and OLCC conduct checks for sales to minors. This program reduces the illegal sale of alcohol to minors and raises the public awareness level.
Preventing alcohol furnishing
Furnishing is when anyone gives/sells/makes available alcohol to a minor. This can be through a shoulder-tap, or the furnisher may be a friend, relative, or some other adult through whom the minor can obtain alcohol.
OLCC works hard with grocery store owners to prevent furnishing. We help licensees spot furnishers, and prevent those sales. Furnishing alcohol to a minor is illegal, whether the furnisher is a sibling or a stranger. Penalties for furnishing alcohol to a minor are: first conviction: $350 fine. Second conviction, $1000 fine. Third or subsequent conviction: a fine of $1000 and not less than 30 days of imprisonment (ORS 471.410).
Reduce the use of fake ID
Kids use a variety of methods to obtain false identification which shows them to be older than 21. ORS 165.805 makes it a Class C misdemeanor for anyone to misrepresent their age. Upon conviction, driving privileges will be suspended for up to one year (hardship provisions for driving to and from work are possible).
Some common methods minors use to obtain/falsify identification:
- alter their own valid ID by cutting/switching numbers to show an earlier date of birth
-
borrow identification of an adult (older sibling, relative) and pretend to be that person
-
use computer desk-top programs to create valid-appearing ID
- use an older sibling or relative's birth certificate, take to DMV and get a new license with the minor's photo, but sibling's name and other info
- purchase ID from magazine or other source
|
|
|
| What you can do |
|
Call us if you think a store is selling to minors. The more information you have, the more effective we can be in stopping it.
Get as much information as you can when you see or suspect someone has furnished alcohol to a minor, whether the furnishing was at a party or at a licensed business. The old "who, what, when, where, why, and how" questions are your best process to follow.
Give us the information as soon as possible. Our Portland metro (Multnomah, Clackamas and Washington counties) number is: 503-872-5070. Call toll free from anywhere in the state: 800-452-6522. Wednesday and Thursday we have a dispatcher or staff available until 12:00 am, Tuesdays until 7:30 pm and Friday and Saturday until 2:00 am. You can also contact your local police department.
|
|
|
| Oregon's Alcohol Laws and Minors |
|
Download the Fact Sheet: Oregon's Alcohol Laws and Minors (pdf)
Oregon law prohibits anyone, except a parent or legal guardian, from providing alcohol to a minor or juvenile. A minor is any person under the age of 21 and a juvenile is any person under the age of 18. Parents or guardians may legally provide alcohol to their minor child or ward and only in a private residence when accompanying their minor child. A parent cannot transfer this
responsibility to another adult or provide alcohol in a public place. If you allow your property and/or home to be used for a party where minors, other than your minor child(ren), consume alcohol in your presence, you may have to forfeit property and may be issued a criminal citation.
ORS 165.805 Misrepresentation of age by a minor
When minors misrepresent their age, purposely are not truthful about their age to purchase alcohol, enter a lounge or evade detection by law enforcement, they are referred to juvenile court or receive a criminal citation, depending on their age. The minor may be fined. If DMV identification is used in misrepresentation, the minor’s driving privileges may be suspended for up to one year and/or the minor will have to wait for up to one year to apply for a driver’s license. (Class C Misdemeanor)
ORS 471.430 Minor in possession of alcohol
When minors are in possession of alcohol, they are either holding the alcohol, have consumed the alcohol, or attempted to purchase the alcohol. They will be referred to juvenile court or receive a criminal citation. The minor will be fined and/or required to perform community service. Minors/juveniles may be sent to alcohol assessment and treatment. Minors may consume sacramental wine as part of a religious service. (Criminal Violation)
ORS 471.610 Confiscation of liquor and property
When any officer arrests a person for violating a liquor law (e.g.; selling alcohol without a license) the officer may take into possession all alcoholic beverages and other property used in violation of the law. Other property that can be confiscated include: bars, glasses, chairs, tables, music devices, furniture, and equipment. This property is forfeited to the state of Oregon if the person is convicted.
ORS 471.620 Property or places subject to confiscation
Any room, house, building, boat, structure or place of any kind where alcohol beverages are sold or given away in violation of the law is a public nuisance. Anyone who maintains or assists in maintaining such a place, or permits it in a place they own, manage or lease, violates the Liquor Control Act.
ORS 471.410(2) Furnishing alcohol to a minor
No person shall sell, give or make alcohol available to a minor. A parent or legal guardian may provide alcohol to their minor child in a private residence as long as the parent is with the minor child. If you illegally provide alcohol to a minor, or provide alcohol to an adult that you know will make it available to a minor, you will receive a criminal citation. (Class A Misdemeanor)
ORS 471.410(3) Controlling an area where minors are permitted to consume alcohol
It is illegal for someone exercising control over private real property to allow any person under 21 to consume alcohol on the property in your presence. It is also illegal to allow any person under age 21 to remain on the property if they have consumed alcohol. Private real property may include a hotel room, camp site, or any rented/leased location. The only exception is for your own minor child(ren). If you control an area where minors consume alcohol, you will receive a criminal citation. (Criminal Violation)
ORS 471.565 Licensee, permittee and social host liability
As a licensee, permittee or social host, if you serve visibly intoxicated persons or guests, you may be held liable for damages caused by the persons or guests away from your home or licensed premises.
ORS 471.567 Liability for serving minors; liability of a minor for misrepresentation of age
As a licensee, permittee or social host, you may be liable for injuries caused by a minor who obtained alcohol from you when you did not properly check for identification. Minors who misrepresent their age and cause a licensee to be fined or have their liquor license suspended or revoked can be held liable for damages sustained by the licensee.
|
|
|
| Anti-Furnishing Campaign Targets Parents |
|
The OLCC and Oregon Partnership have teamed up in an effort to reduce underage drinking by targeting parents. Because most kids get their alcohol from home, the campaign is designed to educate parents when they purchase alcohol.
The campaign, which includes materials such as posters and bottle hangers, describes how kids frequently take alcohol from home supplies.
Go to the Campaign!
|
|
|
| Parents warned about look-alike alcohol energy drinks |
|
Caffeine-based energy drinks such as Rock Star, Sparks and Tilt have been a hit with young people for several years, but a new wrinkle has officials, prevention groups and parents worried – alcohol-based energy drinks in similar-looking containers that may become the latest alcohol craze for minors. Read more:
Parents being warned of look-alike alcohol energy drinks: youth may be target
|
|
| |
|
|
