Oregon Revised Statutes Chapter 471 § 471.346 — Uniform standards for minor decoy operations; rules

Uniform standards for minor decoy operations; rules. (1)(a) The Oregon Liquor and Cannabis Commission shall by rule develop uniform standards for minor decoy operations used to investigate licensees, permittees, agents appointed by the commission, third-party delivery facilitators and any person delivering alcoholic beverages to final consumers in this state for violations of the laws of this state prohibiting sales and deliveries of alcoholic beverages to minors. (b) 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 must: (a) 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) Provide for coordination between the commission and law enforcement agencies of this state in conducting minor decoy operations. (3)(a) The uniform standards established by the commission under this section for investigating sales by licensees occurring on licensed premises and in-store sales by agents appointed by the commission must provide that: (A) Minor decoy operations must be conducted on either a random or a targeted basis in cities with populations of 20,000 or more. (B) Random minor decoy operations must cover a range of licensed premises and retail outlets. For the purpose of implementing standards for random minor decoy operations under this subparagraph, 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. (C) 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 minor decoy operation. (b) Investigations of deliveries of alcoholic beverages to final consumers in this state are exempt from the requirements for random and targeted minor decoy operations under paragraph (a) of this subsection. (4) Except as provided in subsection (5) 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 or delivery of alcoholic beverages to minors. (5) In determining whether to impose sanctions based on multiple violations of the laws of this state prohibiting sales or deliveries of alcoholic beverages to minors, the commission may not consider any complaint filed against, citation issued to or conviction of a licensee, permittee, agent appointed by the commission, third-party delivery facilitator or a person delivering alcoholic beverages to final consumers for selling or delivering 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) Notwithstanding any other provision of this chapter, the commission may not consider any sale or delivery 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: (a) Imposing any civil penalty against a licensee, permittee, agent appointed by the commission, third-party delivery facilitator or a person delivering alcoholic beverages to final consumers; (b) Making a decision on the renewal, suspension or cancellation of a license, permit, appointment or third-party delivery facilitator permit issued under this chapter or rules adopted under this chapter; or (c) Otherwise sanctioning a licensee, permittee, agent appointed by the commission, third-party delivery facilitator or a person delivering alcoholic beverages to final consumers for the sale or delivery of alcoholic beverages to a minor. (7) 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. [2001 c.791 §2; 2021 c.351 §88; 2023 c.539 §17]