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, 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. (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, 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; 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, 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; (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, 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; (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; (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. Statutory/Other Authority: ORS 433.855 Statutes/Other Implemented: ORS 433.835 - 433.870 History: PH 23-2019, adopt filed 11/18/2019, effective 01/01/2020