Current through Register Vol. 63, No. 9, September 1, 2024
(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.
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
