Underage Drinking
Underage Drinking Starts With An Excuse
Underage
Drinking Starts With An Excuse Prom and graduation are two of the biggest memory-making events in a teenager’s life. Many parents get involved by helping pick out special clothes or extending curfew for the night. One area where parents can make the greatest impact is setting firm expectations against underage drinking. The campaign, “Underage Drinking doesn’t start with a drink. It starts with an excuse,” focuses on things some parents may say to justify their teens’ drinking behavior. Sixteen-year-old Lexi Spencer knew not to drive, but made the mistake of riding in a car with someone who was too intoxicated to be driving. This video is a testimonial by the people whose lives were profoundly affected by her death and the circumstances surrounding the incident. Along with Lexi's mother, it is the teens who speak out, who struggle with the hard-learned lessons of underage drinking. All of their lives have been forever changed by the loss of their classmate and friend. 
:30Buzzed driving is Druck Driving 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. (Editor's note: Parents can legally introduce their underage chidren to alcohol. Research is clear the damage the introduction of alcohol does to the brain before 25. This has got to stop.) 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:
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
Oregon's Alcohol Laws and Minors (2 page 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! In the News Stopping
Underage Drinking New
campaign Parents
Warned on Kids Drinking
(Nov. 22, 2010) Official Notification to Businesses Effective Dec. 3, 2010, the OLCC has approved a rule change that allows wholesalers/distributors to exchange the seven banned alcoholic energy drinks containing caffeine for other malt beverage products of equivalent value. The seven products affected by the ban include Core High Gravity HG Green, Core High Gravity HG Orange, Lemon Lime Core Spiked, Moonshot, Four Loko, Joose, and Max. It is up to the wholesalers/distributors and the retailers to make arrangements for exchanges of these seven products. If you have any questions regarding
this matter, please contact Jesse Sweet, Wholesale and
Manufacturing Specialist at 503-872-5250 or jesse.sweet@state.or.us
Download this notice (pdf)
(2007) Parents warned of look-alike
alcohol energy drinks The seven products affected by the ban include Core High Gravity HG Green, Core High Gravity HG Orange, Lemon Lime Core Spiked, Moonshot, Four Loko, Joose, and Max. It is up to the wholesalers/distributors and the retailers to make arrangements for exchanges of these seven products. If you have any questions regarding
this matter, please contact Jesse Sweet, Wholesale and
Manufacturing Specialist at 503-872-5250 or jesse.sweet@state.or.us
Download this notice (1 sage pdf)
1:20Dirve like you give a #&%! What you need to know about underage drinking Source: www.oregon.gov/olcc/pages/alcohol_and_minors.aspx
45 States That Allow
Underage (under 21) Alcohol Consumption [Editor's Note: The information below is not in any way intended to be legal advice or to encourage alcohol consumption by people under the age of 21. The laws presented include only state laws regarding underage consumption of alcohol. We have excluded county and city ordinances that may further restrict underage drinking as well as laws against people furnishing alcohol to underage people. While reasonable efforts have been made to ensure the accuracy of the data provided, do not rely on this information without first checking current applicable law.] I. Eight Exceptions
to the Minimum Legal Drinking Age (MLDA) of
21
II. State-by-State
Guide to Underage Alcohol Consumption Laws and
Exceptions
III. Explanation of the
Eight Exceptions to the MLDA
I. Eight Exceptions to the Minimum Legal Drinking Age (MLDA) of 21
Alabama Section 28-1-5 Alaska AS 04.16.050; AS
04.16.151 Arizona 4-226; 4-244;
4-249 Arkansas Although underage consumption
of alcohol is not explicitly prohibited in the law,
underage possession of alcohol is prohibited
without exceptions. According to the Alcohol Policy
Information System (APIS), "Possession and
consumption are closely linked because consumption
generally requires possession." Source: Alcohol Policy
Information System (APIS) website (accessed May 21,
2010)3-3-203 California Applies to an underage person
reporting a medical need due to alcohol consumption
for either himself or herself, or another person.
On May 23, 2012, ProCon.org received an email from
John Carr, Public Information Officer at California
ABC (Department of Alcoholic Beverage Control),
confirming that possession and consumption of
alcoholic beverages by minors is illegal in
California: "Current Law states that a person must
be 21 years of age to consume or purchase alcohol,
it is illegal for anyone under the age of 21 to
drink or purchase alcohol. Section 25658 of the
California Business and Professions Code states:
(a) Except as otherwise provided in subdivision
(c), every person who sells, furnishes, gives, or
causes to be sold, furnished, or given away any
alcoholic beverage to any person under 21 years of
age is guilty of a misdemeanor. (b) Except as
provided in Section 25667, any person under 21
years of age who purchases any alcoholic beverage,
or any person under 21 years of age who consumes
any alcoholic beverage in any on-sale premises, is
guilty of a misdemeanor." 11999-11999.3;
25657-25667 Colorado Owner of property must be
aware of the underage drinking. The law permits a student who
"tastes but does not imbibe an alcohol beverage
only while under the direct supervision of an
instructor who is at least twenty-one years of age
and employed by a post-secondary school; Is
enrolled in a university or a post-secondary school
accredited or certified by an agency recognized by
the United States department of education, a
nationally recognized accrediting agency or
association, or the 'Private Occupational Education
Act of 1981', article 59 of title 12, C.R.S.; Is
participating in a culinary arts, food service, or
restaurant management degree program; and tastes
but does not imbibe the alcohol beverage for
instructional purposes as a part of a required
course in which the alcohol beverage, except the
portion the student tastes, remains under the
control of the instructor." 18-13-122 Connecticut Although underage consumption
of alcohol is not explicitly prohibited in the law,
underage possession of alcohol is prohibited.
According to the Alcohol Policy Information System
(APIS), "Possession and consumption are closely
linked because consumption generally requires
possession." Source: Alcohol Policy Information
System (APIS) website (accessed May 21, 2010) A
minor may possess alcohol only "while accompanied
by a parent, guardian or spouse of the minor, who
has attained the age of twenty-one." Sec. 30-1;
30-89 Delaware "Delaware's exception
includes 'members of the same family' and allows
consumption if in 'private home of any of said
members.'" Source: "State Profle of Underage
Drinking Laws: Delaware," Alcohol Policy
Information System (APIS) website (accessed May 21,
2010) Title 4 Chapter 9SB 116 District of
Columbia DC Official Code § 7-401
Section 325-1002 Florida The law permits "the tasting
of alcoholic beverages by a student who is at least
18 years of age" as part of a course at an
accredited post-secondary educational institution,
but the student may not "consume or imbibe" the
alcohol. 562.111 Georgia Hawaii § 281-101.5 Idaho 23-949 Illinois The law permits a student 18
years of age or older who "tastes, but does not
imbibe, alcoholic liquor for instructional purposes
up to, but not exceeding, 6 times per class as a
part of a required course in which the student
temporarily possesses alcoholic liquor for tasting,
not imbibing, purposes only in a class setting on
the campus and, thereafter, the alcoholic liquor is
possessed and remains under the control of the
instructor." 235 ILCS 5/6-20 Indiana IC 7.1-1-3-25; 7.1-5-7-7;
7.1-5-1-6.5 Iowa 123.3; 123.47 Kansas Kansas statute 41-727 states:
"This section shall not apply to the possession and
consumption of cereal malt beverage by a person
under the legal age for consumption of cereal malt
beverage when such possession and consumption is
permitted and supervised, and such beverage is
furnished, by the person's parent or legal
guardian." Kansas statute 41-727a authorizes
specific people to use minors to determine
compliance with Kansas liquor laws. 41-727a41-2701 Kentucky 244.085KRS Ch. 244 Sec.
1 Louisiana The law states that "public
possession" of alcohol includes at a club, which is
"de facto open to the public." Underage public
possession and consumption of alcohol is not
prohibited if the underage person is accompanied by
a parent or guardian who is at least 21 years old.
§93.10; 93.12 Maine §2051 Maryland Underage possession and
consumption of alcohol is allowed if "the
individual possessing or consuming the alcoholic
beverage and the adult who furnished the alcoholic
beverage to the individual or allowed the
individual to possess or consume the alcoholic
beverage are members of the same immediate family."
§10–114 Massachusetts In a Mar. 24, 2017, phone
call with ProCon.org, the Executive Director of the
Massachusetts Alcoholic Beverages Control
Commission confirmed that there is no exception for
underage drinking on alcohol-selling premises, even
with parental consent. Although underage consumption
of alcohol is not explicitly prohibited in the law,
underage possession of alcohol is prohibited unless
the underage person is accompanied by a parent or
legal guardian or if the person is over the age of
18 and possesses alcohol in the course of
employment. According to the Alcohol Policy
Information System (APIS), "Possession and
consumption are closely linked because consumption
generally requires possession." Source: Alcohol
Policy Information System (APIS) website (accessed
May 21, 2010) Chapter 138: Section 34C Michigan 436.1703 Minnesota Consumption is permitted only
"in the household of the defendant's parent or
guardian and with the consent of the parent or
guardian." 340A.503Subdivision 8 Mississippi Underage people who are at
least 18 years old are allowed to consume light
wine or beer with the consent and presence of their
parent or legal guardian. Underage people who are
at least 18 and serving in the US armed services
"may lawfully possess and consume light wine or
beer on military property where the consumption of
light wine or beer is allowed." § 67-1-81;
67-3-54; 67-3-70 Missouri The law permits a student 18
years of age or older who is enrolled in a culinary
course at an accredited college or university "to
taste, but not consume or imbibe, any beer, ale,
porter, wine, or other similar malt or fermented
beverage as part of the required curriculum."
311.325; 312.010; 312.407 Montana Applies only to alcoholic
beverages "provided in a nonintoxicating quantity."
16-6-305; 45-5-624 Nebraska Underage consumption of
alcohol must be in the underage person's permanant
place of residence. 53-168.06; 53-180.02 Nevada NRS 202.020 New Hampshire Underage consumption of
alcohol is prohibited with no
exceptions. Anyone underage "who is
intoxicated by consumption of an alcoholic
beverage, shall be guilty of a violation..."
Underage possession of alcohol is prohibited,
except when the under age person is working as a
server, host, bartender, etc. on licensed,
alcohol-selling premises. 179:10; 179:23 New Jersey Underage consumption of
alcohol is not prohibited in private places.
2C:33-15; 2C:33-16; 2C:33-17 New Mexico 60-7B-1 New York Article 5 §
65-c220-78 North Carolina § 18B-103; §
18B-302§ 90-96.2; § 18B-302.2 North Dakota Chapter 5-01 Ohio 4301.69 Oklahoma Underage consumption of
alcohol is not prohibited in private places.
"Although Oklahoma law contains no prohibition
against underage consumption of alcoholic beverages
generally, the state does prohibit consumption of
'low-point beer' (defined as containing not more
than 3.2 percent ABW) by persons under twenty-one
unless under the direct supervision of a parent or
guardian. This exception does not allow persons
under twenty-one to consume such beverages on
premises licensed to dispense low-point beer. Okla.
Stat. tit. 37, § 246." Source: "State Profile
of Underage Drinking Laws," Alcohol Policy
Information System (APIS) website (accessed May 21,
2010) §21-1215; 37-163.2; 37-24637 O.S. 2011
Section 8 Oregon Exception can also apply to
work for a non-government employer "for the purpose
of investigating possible violations by
[other] employees... of laws prohibiting
sales of alcoholic beverages to persons who are
under the age of 21 years." 471.430 Pennsylvania 18 Pa.C.S.A. §
6308 Rhode Island § 3-8-10 South Carolina The law permits a student 18
years of age or older who is enrolled in an
approved culinary course at an accredited college
or university to "taste, but not consume or imbibe,
any beer, ale, porter, wine, or other similar malt
or fermented beverage as part of the required
curriculum." "No provision of law prohibiting the
use or possession of beer, wine, or alcoholic
beverages by minors shall apply to any minor in the
home of his parents or guardian or to any such
beverage used for religious ceremonies or purposes
so long as such beverage was legally purchased."
Section 63-19-2440 – 63-19-2440 South Dakota 35-9-2 Tennesee 1-3-113 Texas Underage consumption of
alcohol is allowed if it is in the visible presence
of the minor's adult parent, guardian or spouse.
Title 4 Chapter 106S.B. No. 1331 Utah 32A-12-209SB 233 Vermont Must be 18 or older and for
culinary school. Title 7 Chapter 1 §2-3; Title
7 Chapter 21 §656HB 65 Virginia § 4.1-200; 4.1-304;
4.1-305 Washington RCW 66.44.270 West Virginia The code does not prohibit a
person from furnishing alcohol to a person under
the age of 21 if the recipient is a blood relative
or relative by marriage, but it is illegal for the
underage recipient to consume the alcohol.
§60-3A-24 Wisconsin Underage consumption of
alcohol is allowed if accompanied by parent or
legal guardian. 125.02; 125.07 Wyoming Underage consumption of
alcohol is not prohibited when in a private
location or if it is done in the physical presence
of a parent or legal guardian. 12-6-101 Source:
drinkingage.procon.org/view.resource.php?resourceID=002591 III. Explanations of the Eight Exceptions to the MLDA: 1. on private non alcohol-selling premises, with parental consent: Underage consumption of alcohol in some states is allowed on private, non alcohol-selling premises as long as the under age person has the consent and/or is accompanied by the physical presence of a parent or legal guardian. Private, non alcohol-selling premises include residential homes, private properties not open to the general public, etc. In some states underage consumption of alcohol is also allowed on private, non alcohol-selling premises when the under age person is accompanied by a spouse who is at least 21. Each state sets its own specific requirements for what is considered legal. 2. on private, non alcohol-selling premises, without parental consent: Underage consumption of alcohol in some states is not prohibited on private, non alcohol-selling premises, although it may be illegal for adults to provide alcohol to underage people in those states. Each state sets its own specific requirements for what is considered legal. 3. for religious purposes: Underage consumption of alcohol in some states is allowed for religious purposes. Some states require that the alcohol be provided by an official religious representative and/or limit the type of alcohol allowed. Each state sets its own specific requirements for what is considered legal. 4. for medical purposes: Underage consumption of alcohol in some states is allowed for medical purposes. Each state sets its own specific requirements for what is considered legal. 5. for government work related purposes: Underage consumption of alcohol in some states is not prohibited when it is related to government or law enforcement assignments. Such assignments can include governmental research into under age drinking, working under cover, etc. Each state sets its own specific requirements for what is considered legal. 6. for educational purposes: Underage consumption of alcohol in some states is allowed when it is for educational purposes related to culinary school. Each state sets its own specific requirements for what is considered legal. 7. when reporting medical need due to under age drinking for another minor: In some states, a minor will not be penalized for consuming alcohol if he/she is discovered to have been drinking alcohol through his/her reporting a medical emergency for another under age drinker. Each state sets its own specific requirements for what is considered legal. 8. on alcohol-selling premises, with parental approval: In some states, underage consumption of alcohol is allowed on an alcohol-selling premise, such as a restaurant or a bar, if the alcohol is furnished to the minor by a legal guardian and if the minor is in the presence of his or her legal guardian. People who view this page may also like: International
Guide to Minimum Drinking Ages
Should the
Drinking Age Be Lowered from 21 to a Younger Age? Proponents of lowering the minimum legal drinking age (MLDA) from 21 argue that it has not stopped teen drinking, and has instead pushed underage binge drinking into private and less controlled environments, leading to more health and life-endangering behavior by teens. Opponents of lowering the MLDA argue that teens have not yet reached an age where they can handle alcohol responsibly, and thus are more likely to harm or even kill themselves and others by drinking prior to 21. They contend that traffic fatalities decreased when the MLDA increased. Bar graph of current, binge, and heavy alcohol use among persons aged 12 to 20, by gender in 2007 The repeal of alcohol prohibition by the 21st Amendment on Dec. 5, 1933 allowed each state to set its own alcohol consumption laws. [3]At that time, most states established the MLDA for alcohol at 21 years of age, although two states set an MLDA of 21 for men and 18 for women: Illinois (1933-1961) and Oklahoma (1933-1976). The 1976 US Supreme Court case Craig v. Boren ruled 7-2 that this age difference violated the Equal Protection Clause of the 14th Amendment. Following the July 1, 1971 passage of the 26th Amendment, which lowered the legal voting age from 21 to 18 years of age, 30 US states lowered their MLDA to 18, 19, or 20; by 1982, only 14 states still had an MLDA of 21.[3] Reports in the 1970's showing that teenage car accidents increased in states where the MLDA had been lowered from 21 prompted Congress to pass the National Minimum Drinking Age Act of 1984. [4] Bar graph showing 77% of Americans opposed to lowering the drinking age to 18 nationwide, polled July 12-15, 2007. (Click to enlarge image) Although the Act did not require a national MLDA of 21, it effectively mandated it by stipulating that some federal transportation funds would be withheld from states that failed to make 21 their minimum age for purchasing and publicly possessing alcohol.[3] Since 1984, all states that had previously lowered their MLDA from 21 have all raised their MLDA back to 21. South Dakota and Wyoming were the last states to do so in 1988. [3] The consumption of alcohol by people under 21 is generally illegal across the United States, however, 45 states have set exceptions that allow underage consumption of alcohol in certain circumstances. For example, underage drinking is allowed in 29 states if done on private premises with parental consent, 25 states if for religious purposes, and 11 states if for educational purposes. Proportion of 83 countries' MDLAs (if any) from ages 14 to 21. See source for the list of countries included and their drinking ages. While the MLDA is 21 in all 50 states, in 47 of 50 states age 18 is the "age of majority," which entails having the rights and responsibilities of adulthood. [41] Every state sets its own age of majority that often corresponds with the age at which one can vote, join the military, serve in jury duty, sign contracts, marry, apply for loans, make decisions regarding medical treatments, and be prosecuted as an adult. Alabama (age 19), Mississippi (21), and Nebraska (age 19) are three states that have an "age of majority" above 18, although certain rights such as the right to vote remain at 18 in these states. [41] The discrepancy between the MLDA and
the age of majority--and its many responsibilities and
authorities--along with continued incidents of alcohol abuse
reported on college campuses have fueled debate on whether
or not setting the MLDA at 21 is fair, smart, and
effective. |
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