OAR 333-015-0059
Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification

(1) Smoke shop Type B Certifications and Type C Certifications are effective for five years. To apply to renew a certification, the smoke shop must submit and the Authority must receive a complete application including any supporting documentation at least 60 days prior to the expiration of its current certification.
(2) To renew certification, smoke shop B must submit the following to the Authority:
(a) A complete renewal 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 smoke shop currently:
(A) Is 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.
(B) Prohibits persons under 21 years of age from entering the premises;
(C) Does not offer video lottery games as authorized under ORS 461.217 (Video lottery game regulation), social gaming, or betting on the premises;
(D) Does not sell or offer food or beverages, including alcoholic beverages, for on-premises consumption.
(E) Does not allow on-premises consumption of alcoholic beverages;
(F) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes.
(c) Documentation of the business’s sales, broken down by category of product;
(d) Either of the following:
(A) Documentation, such as a building map or photographs, demonstrating that the business presently is a stand-alone business with no other businesses or residential property attached; or
(B) Documentation that the business 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 a current certificate of occupancy and official documentation from the building authority with jurisdiction that the business was approved as a smoking lounge;
(e) Evidence, such as photographs, of signs required under OAR 333-015-0040 (Oregon Indoor Clean Air Act: Signs).
(f) Any other documentation, as specified in the application form, necessary to demonstrate compliance with the Act or these rules.
(3) The Authority shall renew a Type B Certification if the applicant:
(a) Submits all of the information and documentation required by section (2) of this rule;
(b) Is 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;
(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) Provides evidence of either of the following:
(A) The business presently is a stand-alone business with no other businesses or residential property attached; or
(B) The business 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 a current certificate of occupancy and official documentation from the building authority with jurisdiction that the business was approved as a smoking lounge;
(h) Posts signs required under OAR 333-015-0040 (Oregon Indoor Clean Air Act: Signs); and
(i) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes.
(4) To renew certification, a smoke shop C must submit the following to the Authority at least 60 days prior to the expiration of its current certification:
(a) A complete renewal 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 smoke shop currently:
(A) Is primarily engaged in the sale of tobacco products and smoking instruments, and derived at least 75 percent of its gross revenue from such sales;
(B) Prohibits persons under 21 years of age from entering the premises;
(C) Does not offer video lottery games as authorized under ORS 461.217 (Video lottery game regulation), social gaming, or betting on the premises;
(D) Does not sell or offer alcoholic beverages for on-premises consumption;
(E) Does not allow on-premises consumption of alcoholic beverages; and
(F) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes.
(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);
(e) Documentation, such as a building map or photographs, demonstrating that the business presently is a stand-alone business with no other businesses or residential property attached; and
(f) Any other documentation, as specified in the application form, necessary to demonstrate compliance with the Act or these rules.
(5) The Authority shall renew a smoke shop C if the business:
(a) Submits all of the information and documentation required by section (4) of this rule;
(b) Is primarily engaged in the sale of tobacco products and smoking instruments, and derived 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 alcoholic beverages for on-premises consumption;
(f) Does not allow on-premises consumption of alcoholic beverages;
(g) Posts signs required under OAR 333-015-0040 (Oregon Indoor Clean Air Act: Signs);
(h) Presently is a stand-alone business with no other businesses or residential property attached to the premises; and
(i) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes.
(6) The Authority may revoke or refuse to renew a certification if a smoke shop:
(a) Fails to meet certification renewal requirements described in this rule at any time;
(b) Fails to submit required documentation in accordance with OAR 333-015-0058 (Oregon Indoor Clean Air Act: Smoke Shop Ongoing Requirements for Certification);
(c) Fails to comply with or violates any requirement or obligation in the Act or these rules; or
(d) Ceases to operate.
(7) If the Authority revokes or refuses to renew a Type B or Type C Certification, the Authority may not issue a new Type B or Type C Certification to the smoke shop.
(8) The Authority may deny an application for smoke shop certification or revoke a smoke shop certification and prohibit an applicant from reapplying for up to two years if the applicant:
(a) Provides information that is false or deliberately misleading; or
(b) Violates the Act or these rules.
(9) The Authority may reject a renewal application that is:
(a) Not timely submitted. The application must be received by the Authority at least 60 days prior to the expiration of the current certification.
(b) 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.

Source: Rule 333-015-0059 — Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-015-0059.

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 333-015-0059’s source at or​.us