Or. Admin. Code § 150-323-0510

Current through Register Vol. 63, No. 11, November 1, 2024

Section 150-323-0510 - Tobacco Products and Inhalant Delivery System Retail Licensure: Premises Requiring License

(1) Definitions

(a) The definitions in Oregon Laws 2021, chapter 586, section 1, and OAR 150-323-0500 apply to the terms used in this rule, in addition to the following definitions.

(b) "Unique Address" means the physical location of the premises where tobacco products or inhalant delivery systems are sold and may be designated by a street number and name, unit, rural route number, or other designation as recognized by the United States Postal Office.

(c) "Business" means a person engaging in the retail sale of tobacco products or inhalant delivery systems, or partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.

(d) "Premises" means the real property, as designated by a unique address, on which a business that makes retail sales of tobacco products or inhalant delivery systems is located.

(2) Tobacco Retail License Required

(a) A retailer must apply for a separate tobacco retail license for each premises where tobacco products or inhalant delivery systems are sold by that retailer.

(b) If more than one business that engages in the retail sale of tobacco products or inhalant delivery systems is located at a shared premises each business must apply for a separate tobacco retail license.

(3) Tobacco Retail License Location Fixed and Permanent.A retailer may not sell tobacco products or inhalant delivery systems from a premises other than the premises listed on the application for the tobacco retail license. A retailer may not transfer a retail tobacco license from one premises to another premises or to another retailer.

(4) Tobacco Retail License Display.A retailer must display the tobacco retail license conspicuously in a location and in such a fashion that the tobacco retail license can be seen from an area accessible by the public.

(5) Suspension or Other Notice

(a) A retailer that receives a warning notice, a notice of sales restriction, a notice of license suspension, or any other notice from the department shall post such notice conspicuously in a location and in such a fashion that the notice can be seen from an area accessible by the public.

(b) A retailer must stop selling tobacco products during the period that the retailer's tobacco retail license is suspended or otherwise restricted by the department. A retailer must remove all tobacco products and inhalant delivery systems from view of the public during such time as the retailer's tobacco retail license is suspended or otherwise restricted by the department, if the license suspension or other restriction exceeds a period of 14 days.

Or. Admin. Code § 150-323-0510

REV 14-2021, adopt filed 11/23/2021, effective 12/1/2021

Statutory/Other Authority: ORS 305.100 & Chapter 586, 2021 Oregon Laws Section 5

Statutes/Other Implemented: Chapter 586, 2021 Oregon Laws Section 5; Section 6