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(1) No one other than the person’s parent or guardian may sell, give or otherwise make available any alcoholic liquor to a person under the age of 21 years. A parent or guardian may give or otherwise make alcoholic liquor available to a person under the age of 21 years only if the person is in a private residence and is accompanied by the parent or guardian. A person violates this subsection who sells, gives or otherwise makes available alcoholic liquor to a person with the knowledge that the person to whom the liquor is made available will violate this subsection. Notwithstanding section 5.990, a person who violates this subsection shall be subject to at least the mandatory minimum fine applicable to ORS 471.410(2).

(2) 

(a) A person who exercises control over private real property may not knowingly allow any other person under the age of 21 years who is not a child or minor ward of the person to consume alcoholic liquor on the property, or allow any other person under the age of 21 years who is not a child or minor ward of the person to remain on the property if the person under the age of 21 years consumes alcoholic liquor on the property. Notwithstanding section 5.990, a person who violates this subsection shall be subject to at least the mandatory minimum fine applicable to ORS 471.410(3)(a).

(b) This subsection:

(i) Applies only to a person who is present and in control of the location at the time of the consumption occurs;

(ii) Does not 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

(iii) Does not apply to a person who exercises control over a private residence if the liquor consumed by the person under the age of 21 years is supplied only by an accompanying parent or guardian.

(3) This section does not apply to sacramental wine given or provided as part of a religious rite or service.

(4) Nothing in this section prohibits any licensee from allowing a person who is visibly intoxicated from remaining on the licensed premises so long as the person is not sold, served or allowed to consume any alcoholic liquor.

(5) For the purposes of this section, the terms “licensee” and “licensed premises” have the meanings set out on ORS 471.001.

(6) Violation of subsection (2) of this section constitutes a violation.

[Amd. Sec. 1, Ord. No. 2011-219, Nov. 3, 2011.]