OAR 333-015-0056
Oregon Indoor Clean Air Act: Smoke Shop Application for Certification

(1) A business must be certified by the Authority prior to allowing smoking on the premises.
(2) To obtain certification as a smoke shop, a business must agree to allow the Authority or LPHA to make unannounced inspections of the business to determine compliance with the Act.
(3) Smoke shop certification is only valid for the business location authorized by the Authority.
(4) Application Criteria:
(a) Type A Certification. A business may apply for smoke shop Type A Certification by submitting the following to the Authority:
(A) A complete application form prescribed by the Authority (available online or by calling the Tobacco Prevention and Education Program).
(B) A notarized, sworn statement attesting that the business:
(i) Is primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, and derives at least 75 percent of its gross revenue from such sales;
(ii) Prohibits persons under 21 years of age from entering the premises;
(iii) Does not offer video lottery games as authorized under ORS 461.217 (Video lottery game regulation), social gaming, or betting on the premises;
(iv) Does not sell or offer food or beverages, including alcoholic beverages, for on-premises consumption;
(v) Does not allow on-premises consumption of alcoholic beverages;
(vi) Has a maximum seating capacity of no more than four persons;
(vii) Allows the smoking of tobacco product samples only for the purpose of making retail purchase decisions, in a manner that complies with ORS 180.486 (Prohibited conduct) and 431A.175 (Definitions); and
(viii) Does not allow the smoking, aerosolizing or vaporizing of inhalants that are not tobacco products.
(C) Documentation of the business’s sales, broken down by category of product;
(D) Evidence, such as photographs, of signs required under OAR 333-015-0040 (Oregon Indoor Clean Air Act: Signs)(5).
(E) A building map and photographs of the premises demonstrating that the business is a stand-alone business;
(F) A site map and photographs of the premises that denotes maximum seating capacity and includes a detailed seating chart; and
(G) Any other documentation, as specified in the application form, necessary to demonstrate compliance with the Act or these rules.
(b) Type B Certification. A business existing on December 31, 2008, may apply for smoke shop Type B Certification by submitting the following documentation to the Authority:
(A) A complete application form prescribed by the Authority (available online or by calling the Tobacco Prevention and Education Program).
(B) Proof of registration with the Oregon Secretary of State, Corporation Division, since 2008 or, if not required to be registered, tax documentation proving that the business has been in operation since 2008;
(C) A notarized, sworn statement attesting that both currently and on December 31, 2008, the business:
(i) Was primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, and derived at least 75 percent of its gross revenue from such sales;
(ii) Prohibited persons under 21 years of age from entering the premises;
(iii) Did not offer video lottery games as authorized under ORS 461.217 (Video lottery game regulation), social gaming, or betting on the premises;
(iv) Did not sell or offer food or beverages, including alcoholic beverages for on-premises consumption; and
(v) Did not allow on-premises consumption of alcoholic beverages.
(D) Documentation of the business’s sales, broken down by category of product;
(E) Either of the following:
(i) Documentation, such as a building map or photographs, demonstrating that on December 31, 2008, the business was a stand-alone business with no other businesses or residential property attached; or
(ii) Documentation demonstrating that on December 31, 2008, it had a ventilation system that exhausted smoke from the business and was designed and terminated in accordance with the state building code standards for the occupancy classification in use. Such documentation must include either:
(I) A certificate of occupancy that was current on December 31, 2008, and official documentation from the building authority with jurisdiction of the occupancy classification for which the business was approved; or
(II) If the documentation described in subparagraph (4)(b)(E)(ii)(I) of this rule is unavailable, a current certificate of occupancy, proof that the business’s ventilation system was installed in 2008 or earlier, and official documentation from the building authority with jurisdiction that the business was approved as a smoking lounge;
(F) Either of the following:
(i) Documentation, such as a building map or photographs, demonstrating that the business currently is a stand-alone business with no other businesses or residential property attached; or
(ii) A current certificate of occupancy and official documentation from the building authority with jurisdiction that the business was approved as a smoking lounge;
(G) Evidence, such as photographs, of signs required under OAR 333-015-0040 (Oregon Indoor Clean Air Act: Signs)(5).
(H) Any other documentation, as specified in the application form, necessary to demonstrate compliance with the Act or these rules.
(c) Type C Certification. A business certified by the Authority on or before December 31, 2012 as a smoke shop under ORS 433.835 (Definitions for ORS 433.835 to 433.875), as in effect immediately before June 30, 2011, may apply for smoke shop Type C Certification by submitting the following documentation to the Authority:
(A) A complete application form prescribed by the Authority (available online or by calling the Tobacco Prevention and Education Program).
(B) A notarized, sworn statement attesting that the business:
(i) Was certified by the Authority on or before December 31, 2012 as a smoke shop under ORS 433.835 (Definitions for ORS 433.835 to 433.875), as in effect immediately before June 30, 2011;
(ii) Allows smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;
(iii) Is primarily engaged in the sale of tobacco products and smoking instruments, with at least 75 percent of the gross revenues of the business resulting from such sales;
(iv) Does not:
(I) Sell or offer alcoholic beverages for on-premises consumption;
(II) Allow on-premises consumption of alcoholic beverages; or
(III) Offer video lottery games as authorized under ORS 461.217 (Video lottery game regulation), social gaming, or betting on the premises.
(v) Prohibits persons under 21 years of age from entering the premises; and
(vi) Is a stand-alone business with no other businesses or residential property attached to the premises.
(C) Documentation of the business’s sales, broken down by category of product, including cigarette sales
(D) Evidence, such as photographs, of signs required under OAR 333-015-0040 (Oregon Indoor Clean Air Act: Signs)(5); and
(E) Any other documentation, as specified in the application form, necessary to demonstrate compliance with the Act or these rules.

Source: Rule 333-015-0056 — Oregon Indoor Clean Air Act: Smoke Shop Application for Certification, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-015-0056.

333–015–0025
Oregon Indoor Clean Air Act: Authority and Purpose 333–015–0030
Oregon Indoor Clean Air Act: Definitions 333–015–0035
Oregon Indoor Clean Air Act: General Provision 333–015–0040
Oregon Indoor Clean Air Act: Signs 333–015–0045
Oregon Indoor Clean Air Act: Ashtrays 333–015–0056
Oregon Indoor Clean Air Act: Smoke Shop Application for Certification 333–015–0057
Oregon Indoor Clean Air Act: Smoke Shop Application Review 333–015–0058
Oregon Indoor Clean Air Act: Smoke Shop Ongoing Requirements for Certification 333–015–0059
Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification 333–015–0061
Oregon Indoor Clean Air Act: Transfer of Ownership or Location 333–015–0062
Oregon Indoor Clean Air Act: Vehicles 333–015–0064
Oregon Indoor Clean Air Act: Outdoor Smoking Areas 333–015–0066
Oregon Indoor Clean Air Act: Cigar Bars 333–015–0070
Oregon Indoor Clean Air Act: Oregon Health Authority Responsibilities 333–015–0075
Oregon Indoor Clean Air Act: Complaint Response 333–015–0078
Oregon Indoor Clean Air Act: Violations 333–015–0080
Oregon Indoor Clean Air Act: Public Places which Oregon Health Authority, Public Health Authority Regularly Inspects 333–015–0082
Oregon Indoor Clean Air Act: Public Places Regulated by Other State Agencies or Local Governments 333–015–0085
Oregon Indoor Clean Air Act: Penalties 333–015–0090
Effective Date 333–015–0100
Oregon Menu Labeling Act: Authority and Purpose 333–015–0105
Oregon Menu Labeling Act: Definitions 333–015–0110
Oregon Menu Labeling Act: General Provisions 333–015–0115
Oregon Menu Labeling Act: Written Formats for Nutrition Information 333–015–0120
Oregon Menu Labeling Act: Nutrition Labeling of Variable Menu Items 333–015–0125
Oregon Menu Labeling Act: Nutrition Labeling of Combination Meal Menu Items 333–015–0130
Oregon Menu Labeling Act: Nutrition Information for Shared Menu Items or Shared Combination Meal Menu Items 333–015–0135
Oregon Menu Labeling Act: Acceptable Methods for Determining Typical Nutrient Values for Required Nutrition Information 333–015–0140
Oregon Menu Labeling Act: Verifiable and Accurate Information 333–015–0145
Oregon Menu Labeling Act: Nutrition Information for Self-Service Items 333–015–0150
Oregon Menu Labeling Act: Trans Fat 333–015–0155
Oregon Menu Labeling Act: Rounding Rules 333–015–0160
Oregon Menu Labeling Act: Alcoholic Beverages 333–015–0165
Oregon Menu Labeling Act: Disclaimers and Additional Nutrition Information 333–015–0200
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Definitions 333–015–0205
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Notice Posting Requirement 333–015–0210
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Location of Tobacco Products Within a Retail Store 333–015–0215
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Enforcement 333–015–0220
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Biennial Report 333–015–0300
Packaging and Labeling: Purpose, Scope and Effective Date 333–015–0305
Packaging and Labeling: Definitions 333–015–0310
Labeling Requirements for Liquid Nicotine Containers 333–015–0320
Labeling Requirements for Prefilled Inhalant Delivery Systems 333–015–0325
Labeling Requirements for Fillable Inhalant Delivery Systems 333–015–0340
Packaging Requirements for Liquid Nicotine Containers 333–015–0345
Packaging Requirements for Non-nicotine Liquid Containers 333–015–0350
Packaging Requirements for Prefilled Inhalant Delivery Systems 333–015–0355
Packaging Requirements for Fillable Inhalant Delivery Systems 333–015–0357
Packaging Attractive to Minors 333–015–0360
Verification of Packaging that is Child-Resistant 333–015–0365
Enforcement: Inspections 333–015–0370
Enforcement: Violations 333–015–0375
Civil Penalties
Last Updated

Jun. 8, 2021

Rule 333-015-0056’s source at or​.us