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(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, 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 and 431A.175; (I) Prohibits smoking, aerosolizing or vaporizing of inhalants that are not tobacco products; (J) Posts signs required under OAR 333-015-0040(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(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, 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(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(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, 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, 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(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 to 433.875 or a violation of any rule adopted under ORS 433.835 to 433.875. (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. 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