333-015-0058 Oregon Indoor Clean Air Act: Smoke Shop Ongoing Requirements for Certification (1) A smoke shop must meet the renewal criteria described in OAR 333-015-0059 at all times. The Authority may revoke certification if the smoke shop fails to meet the renewal criteria. (2) Each year, a smoke shop must submit to the Authority documentation of the smoke shop’s gross revenue for the past calendar year demonstrating that at least 75 percent of the smoke shop’s gross revenue for the past calendar year is derived from the sale of tobacco products or smoking instruments. The documentation must be received by the Authority by April 30. The documentation submitted must include: (a) A notarized, sworn statement on an Authority-provided form (available online or by calling the Tobacco Prevention and Education Program) attesting: (A) At least 75 percent of the smoke shop’s gross revenue is derived from the sale of tobacco products or smoking instruments; and (B) To the amount of sales in each product category, including cigarette sales for smoke shops B and smoke shops C that permit cigarette smoking on the premises. (b) An aggregated sales report for the past calendar year identifying the amount of sales in each product category, including cigarette sales for smoke shops B and smoke shops C that permit cigarette smoking on the premises. (3) A smoke shop must maintain documentation on file at the certified location that demonstrates that at least 75 percent of the smoke shop’s gross revenue for the past three calendar years is derived from the sale of tobacco products or smoking instruments. The Authority may inspect a smoke shop’s financial records to determine compliance with the Act and these rules. The smoke shop shall make such documentation available to the Authority upon request or during an inspection. (4) A smoke shop must maintain current contact information with the Authority. If the Authority is unable, despite a good-faith effort, to contact the smoke shop because the smoke shop’s mailing address, phone number, or other contact information are incorrect, then the Authority may suspend the smoke shop’s certification until correct contact information is provided. (5) Smoke shops B and smoke shops C may not allow the smoking of cigarettes unless at least 75 percent of its gross revenue is derived from the sale of cigarettes. (6) A smoke shop that ceases to operate at the certified location fails to meet ongoing certification requirements and certification shall be revoked. A smoke shop must notify the Authority immediately if the smoke shop will cease operating or is not operating. (7) A smoke shop may place a hold on its certification for up to six months by submitting a hold notification on a form provided by the Authority (available online or by calling the Tobacco Prevention and Education Program) to the Authority. (a) The hold is effective only when receipt is confirmed and the hold is approved by the Authority. (b) A smoke shop may only place a hold on its certification when it is remodeling its current certified location or it is transferring location. (c) The Authority shall not act to revoke a certificate under section (6) of this rule during a valid hold on the certification. If the smoke shop fails to begin operating at the end of the hold period, the Authority may revoke the certification under section (6) of this rule. (d) The smoke shop may apply for one 6-month extension that the Authority may grant in its discretion. 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