Or. Admin. Code § 845-009-0200

Current through Register Vol. 63, No. 12, December 1, 2024

Section 845-009-0200 - Uniform Standards for Minor Decoy Operations

(1) Purpose. ORS 471.346 directs the Oregon Liquor and Cannabis Commission to develop, through rulemaking, uniform standards for minor decoy operations used to investigate licensees, permittees, and agents appointed by the commission, third-party facilitators and persons delivering alcoholic beverages to final consumers in this state for violations of the laws of this state prohibiting sales and deliveries of alcoholic beverages. It is the Oregon Liquor and Cannabis Commission's intention that decoy operations are to be an impartial test of a licensee, third-party delivery facilitator permittee or agent's ability and willingness to obey laws on preventing sale or service of alcoholic beverages to minors.

(2) Uniform standards for minors used in minor decoy operations:

(a) The minor must be under 21 years of age; and

(b) The minor may not use false identification; and

(c) The minor must look under the age of 26 years; and

(d) The minor may not lie about their age, except as necessary to create an online order through a third-party delivery facilitator permittee's portal or website when the commission performs a minor decoy operation.

(3) Uniform standards for operations investigating sales by licensees occurring on licensed premises, in-store sales by agents appointed by the commission, or at delivery addresses where a third-party delivery facilitator permittee delivers alcoholic beverages. In cities with populations of 20,000 or more, minor decoy operations must be conducted on either a random or targeted basis.

(a) "Random" decoy operations. Selection of the agent(s) or licensee(s) to be visited will be done using simple random sampling which ensures to the greatest extent possible that each licensee or agent has an equal chance of being subject to a minor decoy operation. The simple random sampling may be performed using a variety of generally accepted simple random sampling tools, such as a random number table, a random number generator, or other method.

(b) "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 operation.

(4) Uniform standards for coordination with law enforcement agencies. The Oregon Liquor and Cannabis Commission will coordinate with law enforcement agencies to ensure, to the greatest extent possible, that:

(a) Law enforcement agencies are informed of the Commission's uniform standards for minor decoy operations; and

(b) Law enforcement agencies provide the Commission with copies of their minor decoy policies;

(c) In order for the Commission to process violation cases in a timely manner, law enforcement agencies will be encouraged to provide the Commission with the results of their minor decoy operation(s).

(5) DEFINITIONS: Documented compliance problem. For purposes of this rule, "documented compliance problem" means:

(a) OLCC or Law Enforcement has received one or more documented complaints about an agent, licensee or license applicant alleging one or more of the following occurred at the retail sales agency or on the licensed premises:

(A) Failed to check, or failed to properly check identification;

(B) Allowed minors in prohibited areas;

(C) Allowed minors to consume alcohol;

(D) Sold alcohol to minors; or

(b) The agent, licensee or license applicant has received one or more citations, or administrative Notice of Warning or Notice of Violation tickets for one or more of the following:

(A) Failed to check, or failed to properly check identification;

(B) Allowed minors in prohibited areas;

(C) Allowed minors to consume alcohol;

(D) Sold alcohol to minors.

(6) Uniform standards for licensees and third-party delivery facilitator permittees. A licensee or third-party delivery facilitator permittees using a person under the age of 21 years for the purpose of investigating possible violations by employees of the licensee or delivery persons of the third-party delivery facilitator for sale of alcoholic beverages to a person or persons who are under the age of 21 years must:

(a) Comply with the uniform standards for minors used in minor decoy operations; and

(b) Notify the Director of OLCC's Regulatory Program and the Chief or Sheriff of their local law enforcement agency of the minor decoy's name, date of birth, provide a current photograph of the minor decoy, and the date(s) and location(s) of the minor decoy operation(s) at least 24 hours prior to the use of the minor decoy.

(7) Licensees, service permittees, licensee's employee(s), agents, and agent's employee(s), third-party delivery facilitators, or persons delivering alcoholic beverages to final consumers must immediately return identification presented by the minor decoy upon request of law enforcement or an OLCC representative.

Or. Admin. Code § 845-009-0200

OLCC 11-2001(Temp), f. 12-14-01, cert. ef. 1-1-02 thru 6-29-02; OLCC 8-2002, f. 6-12-02 cert. ef. 6-30-02; OLCC 15-2004, f. 12-22-04, cert. ef. 1-1-05; OLCC 16-2021, minor correction filed 08/02/2021, effective 8/2/2021; OLCC 9-2023, temporary amend filed 12/18/2023, effective 1/2/2024 through 6/28/2024; OLCC 7-2024, amend filed 06/21/2024, effective 6/28/2024

Statutory/Other Authority: ORS 471.030, 471.040, 471.346 & 471.730 (1) & (5)

Statutes/Other Implemented: ORS 165.805, 471.346, 471.430, 471.534 & 471.567