OAR 333-015-0057
Oregon Indoor Clean Air Act: Smoke Shop Application Review

(1) The Authority may reject an application if the application is incomplete. An application may be considered incomplete if the application form is incomplete or any information or documents required under these rules is not submitted.
(2) Type A Certification Applications.
(a) The Authority shall grant a smoke shop Type A Certification if the applicant:
(A) Submits all of the documentation required under OAR 333-015-0056 (Oregon Indoor Clean Air Act: Smoke Shop Application for Certification)(4)(a), including the notarized sworn statement, and any other documentation required by the Authority;
(B) 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;
(C) Prohibits persons under 21 years of age from entering the premises;
(D) Does not offer video lottery games as authorized under ORS 461.217 (Video lottery game regulation), social gaming, or betting on the premises;
(E) Does not sell or offer food or beverages, including alcoholic beverages, for on-premises consumption;
(F) Does not allow on-premises consumption of alcoholic beverages;
(G) Has a maximum seating capacity of no more than four persons;
(H) 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);
(I) Prohibits smoking, aerosolizing or vaporizing of inhalants that are not tobacco products;
(J) Posts signs required under OAR 333-015-0040 (Oregon Indoor Clean Air Act: Signs)(5); and
(K) The proposed premises is a stand-alone business with no other businesses or residential property attached to the premises.
(b) The Authority shall deny an application for Type A Certification if it fails to satisfy any requirement in subsection (2)(a) of this rule.
(3) Type B Certification Applications.
(a) The Authority shall grant a smoke shop Type B Certification if the applicant:
(A) Submits all of the documentation required under subsection OAR 333-015-0056 (Oregon Indoor Clean Air Act: Smoke Shop Application for Certification)(4)(b), including the notarized sworn statement and completed application form, and any other documentation required by the Authority;
(B) The applicant is a business that has operated since 2008;
(C) 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; and
(iv) Did not sell or offer food or beverages, including alcoholic beverages, for on-premises consumption.
(v) Did not allow on-premises consumption of alcoholic beverages.
(D) Either of the following:
(i) On December 31, 2008, the applicant business was a stand-alone business with no other businesses or residential property attached; or
(ii) On December 31, 2008, the applicant business 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.
(E) Either of the following:
(i) The applicant business presently is a stand-alone business with no other businesses or residential property attached; or
(ii) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use or the applicant business is currently approved as a smoking lounge;
(F) Posted signs required under OAR 333-015-0040 (Oregon Indoor Clean Air Act: Signs)(5).
(b) The Authority shall deny an application for Type B Certification if it fails to satisfy any requirement in subsection (3)(a) of this rule.
(4) Type C Certification Applications.
(a) The Authority shall grant a smoke shop Type C Certification if the applicant:
(A) Submits all of the documentation required under OAR 333-015-0056 (Oregon Indoor Clean Air Act: Smoke Shop Application for Certification)(4)(c), including the notarized sworn statement, and any other documentation required by the Authority;
(B) The applicant business 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;
(C) The business 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;
(D) The applicant business allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;
(E) Does not:
(i) Sell or offer alcoholic beverages for on-premises consumption;
(ii) Allow on-premises consumption of alcoholic beverages; and
(iii) Offer video lottery games as authorized under ORS 461.217 (Video lottery game regulation), social gaming, or betting on the premises.
(F) Prohibits persons under 21 years of age from entering the premises.
(G) Is a stand-alone business with no other business or residential property attached to the premises.
(H) Posted signs required under OAR 333-015-0040 (Oregon Indoor Clean Air Act: Signs)(5).
(b) The Authority shall deny an application for Type C Certification if it fails to satisfy any requirement in subsection (4)(a) of this rule.
(5) The Authority may refuse to issue or renew an application for smoke shop certification and prohibit an applicant from reapplying for up to two years if the applicant provides information that is false or deliberately misleading.
(6) Subject to ORS chapter 183, the Authority may refuse to issue or renew a certification to a smoke shop for a violation of any provision of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) or a violation of any rule adopted under ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title).
(7) If the Authority revokes the certification or denies the renewal of a smoke shop B or smoke shop C certification, the Authority may not issue a new smoke shop B or smoke shop C certification to the smoke shop.

Source: Rule 333-015-0057 — Oregon Indoor Clean Air Act: Smoke Shop Application Review, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-015-0057.

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 333-015-0057’s source at or​.us