2015 ORS 471.130¹
Requiring statement of age or identification from certain purchasers

(1) All licensees and permittees of the Oregon Liquor Control Commission, before selling or serving alcoholic liquor to any person about whom there is any reasonable doubt of the person’s having reached 21 years of age, shall require such person to produce one of the following pieces of identification:

(a) The person’s passport.

(b) The person’s motor vehicle operator’s license, whether issued in this state or by any other state, so long as the license has a picture of the person.

(c) An identification card issued under ORS 807.400 (Issuance).

(d) A United States military identification card.

(e) Any other identification card issued by a state that bears a picture of the person, the name of the person, the person’s date of birth and a physical description of the person.

(2) If a person does not have identification as described in subsection (1) of this section, the permittee or licensee shall require such person to make a written statement of age and furnish evidence of the person’s true age and identity. The written statement of age shall be on a form furnished or approved by the commission, including but not limited to the following information:

______________________________________________________________________________

Date ______

I am 21 years of age or over. ______

Signature

:RF9.Description of evidence in support of age and identity:

___Identification No. (if any) ___

___Identification No. (if any) ___

:RF9.(Fill in information pertaining to any two or more pieces of evidence submitted by the person.)

:RF9.I hereby certify that I have accurately recorded identification of the evidence submitted to complete this form.

___________________

Signature of permittee or licensee

ORS 165.805 (Misrepresentation of age by a minor) provides as follows:

:RF9.165.805 (Misrepresentation of age by a minor). (1) A person commits the crime of misrepresentation of age by a minor if:

:RF9.(a) Being less than a certain, specified age, the person knowingly purports to be of any age other than the person’s true age with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or

:RF9.(b) (Not applicable.)

:RF9.(2) Misrepresentation of age by a minor is a Class C misdemeanor.

______________________________________________________________________________ [Amended by 1955 c.525 §1; 1961 c.687 §4; 1967 c.171 §1; 1967 c.577 §7; 1979 c.313 §1; 1983 c.338 §939; 1995 c.44 §1; 1999 c.526 §1; 2001 c.785 §6; 2003 c.225 §1]

Notes of Decisions

Knowledge of the prospective purchaser's age is not re­quired for suspension of a license to sell liquor for viola­tion of this sec­tion. Plaid Pantries, Inc. v. Ore. Liquor Control Comm., 16 Or App 199, 517 P2d 1192 (1974)

One of purposes of this sec­tion is to protect safety and health of people of state, including per­sons who may be killed or injured by inebriated mi­nors. Davis v. Billy's Con-Teena, Inc., 284 Or 351, 587 P2d 75 (1978)

Where complaint alleged that tavern owners sold kegs of beer to two mi­nors without requiring proof of age, and that decedent was killed by automobile driven by an­oth­er mi­nor who consumed beer from the kegs and became intoxicated, allega­tion was sufficient to state cause of ac­tion of negligence per se for viola­tion of this sec­tion. Davis v. Billy's Con-Teena, Inc., 284 Or 351, 587 P2d 75 (1978)

Law Review Cita­tions

23 WLR 93, 102 (1987)

Chapter 471

Atty. Gen. Opinions

Employ­ment by OLCC of staff member as "hearings advocate" at certain OLCC contested case hearings, (1983) Vol 44, p 1

Law Review Cita­tions

16 WLR 479 (1979)


1 Legislative Counsel Committee, CHAPTER 471—Alcoholic Liquors Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors471.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 471, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano471.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.