Oregon’s Indoor Clean Air Act contains exemptions that give privileges to certain businesses to allow smoking of tobacco products indoors. Businesses that receive these privileges are called certified smoke shops or certified cigar bars.
Smoke Shop Certification Cigar Bar Certification
Statute and Administrative Rules
Smoke Shop Certification Requirements
All smoke shops must be certified by the Oregon Health Authority (OHA) and must abide by specific requirements.
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All smoke shops must receive certification from OHA before permitting smoking on the premises.
- All required documentation must be included for OHA to consider the smoke shop for certification.
- Establishments that sell tobacco products must also comply with federal, state and local tobacco laws and regulations restricting the sale, distribution and marketing of tobacco products and inhalant delivery systems (inhalant delivery systems are products such as e-cigarettes).
There are
3 types of smoke shop certification allowed in Oregon. See below for details and forms.
[ORS 433.847(2)(a) and OAR 333-015-0056(4)(a)]
A business MAY QUALIFY for Type A Certification if it:
- 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;
- Prohibits persons under 21 years of age from entering the premises;
- Does not offer video lottery games as authorized under ORS 461.217, social gaming, or betting on the premises;
- Does not sell or offer food or beverages, including alcoholic beverages, for on-premises consumption;
- Does not allow consumption of alcoholic beverages on the premises;
- Has a maximum seating capacity of no more than four persons;
- 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; and
- Does not allow the smoking, aerosolizing or vaporizing of inhalants that are not tobacco products.
TO MAINTAIN Type A certification under these requirements, a certified smoke shop must comply with the following:
- Continuously meet the criteria under which the smoke shop was certified. OHA may revoke certification if the smoke shop ceases to meet the certification criteria.
- Allow OHA to make unannounced inspections of the business to determine compliance with the ICAA.
- Demonstrate that at least 75 percent of the smoke shop's gross revenue is derived from the sale of tobacco products or smoking instruments, by submitting to OHA a completed Annual Financial Documentation Form and sales report by April 30 each year. If OHA does not receive required financial documentation by April 30, OHA may take action to revoke or suspend your smoke shop certification or issue civil penalties.
- Post signs at each entrance and exit clearly stating that:
- Smoking is allowed on all or part of the premises;
- Anyone under the age of 21 is prohibited from entering the premises;
- It is unlawful to sell tobacco products or inhalant delivery systems to anyone under the age of 21;
- Cigarette smoking is prohibited on the premises, in a smoke shop where cigarette smoking is not allowed under these rules;
- Smoking, aerosolizing or vaporizing inhalants that are not tobacco products is prohibited; and
- On-premises consumption of alcohol is prohibited.
- Prohibit smoking, ashtrays, and outdoor smoking areas within 10 feet of entrances, exits, windows that open, ventilation intakes, and accessibility ramps leading to and from an entrance or exit.
- Maintain current contact information with OHA. If OHA is unable to contact a smoke shop because the smoke shop's contact information on file is out of date, the smoke shop's certification may be suspended until current contact information is provided. Use the Contact Information Update Form to submit updates.
Smoke shop certification may be REVOKED if:
- A smoke shop ceases to meet the renewal criteria [OAR 333-015-0059(1)].
- A smoke shop fails to submit required documentation in accordance with OAR 333-015-0058.
- A smoke shop fails to comply with or violates any requirement or obligation in the ICAA rules.
- A smoke shop ceases to operate at the certified location. A smoke shop must notify OHA immediately if the smoke shop will cease operating or is not operating [OAR 333-015-0058(6)].
[ORS 433.847(2)(b) and OAR 333-015-0056(4)(b)]
TO QUALIFY for Type B Certification, a smoke shop must both currently and on December 31, 2008, meet/have met the following requirements:
- Be primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, and derive at least 75 percent of its gross revenue from such sales;
- Prohibit persons under 21 years of age from entering the premises;
- Not offer video lottery games as authorized under ORS 461.217, social gaming, or betting on the premises;
- Not sell or offer food or beverages, including alcoholic beverages, for on-premises consumption;
- Not allow on-premises consumption of alcoholic beverages;
- Allow the smoking of cigarettes only if at least 75 percent of the gross revenues of the business result from the sale of cigarettes; and
- Either:
- Be a stand-alone business with no other businesses or residential property attached; OR
- Have 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.
TO MAINTAIN Type B Certification, a certified smoke shop must comply with these ongoing obligations:
- Continuously meet the criteria under which the smoke shop was certified. OHA may revoke certification if the smoke shop ceases to meet the certification criteria.
- Allow OHA to make unannounced inspections of the business to determine compliance with the ICAA.
- Demonstrate that at least 75 percent of the smoke shop's gross revenue is derived from the sale of tobacco products or smoking instruments, submit to OHA a completed Annual Financial Documentation Form and sales report by April 30 each year. If OHA does not receive required financial documentation by April 30, OHA may take action to revoke or suspend your smoke shop certification or issue civil penalties.
- Post signs at each entrance and exit clearly stating that:
- Smoking is allowed on all or part of the premises;
- Anyone under the age of 21 is prohibited from entering the premises;
- It is unlawful to sell tobacco products or inhalant delivery systems to anyone under the age of 21;
- Cigarette smoking is prohibited on the premises, in a smoke shop where cigarette smoking is not allowed under these rules;
- Smoking aerosolizing or vaporizing inhalants that are not tobacco products is prohibited; and
- On-premises consumption of alcohol is prohibited.
- Prohibit smoking, ashtrays, and outside smoking areas within 10 feet of entrances, exits, windows that open, ventilation intakes, and accessibility ramps leading to and from an entrance or exit.
- Maintain current contact information with OHA. If OHA is unable to contact a smoke shop because the smoke shop's contact information on file is out of date, then the smoke shop's certification may be suspended until current contact information is provided. Use the Contact Information Update Form to submit updates.
- Renew its certification every five years from the date of original certification, pursuant to OAR 333-015-0059.
- To transfer certification or change locations, refer to the procedures in OAR 333-015-0061.
Smoke shop certification may be REVOKED if:
- A smoke shop ceases to meet the renewal criteria [OAR 333-015-0059(1)].
- A smoke shop fails to submit required documentation in accordance with OAR 333-015-0058.
- A smoke shop fails to comply with or violates any requirement or obligation in the ICAA rules.
- A smoke shop ceases to operate at the certified location. A smoke shop must notify OHA immediately if the smoke shop will cease operating or is not operating [OAR 333-015-0058(6)]. A smoke shop may place a hold on its certification for up to 6 months by submitting a Hold Notification Form. A smoke shop may only place a hold on its certification when it is remodeling its current certificated location or it is transferring location. If the smoke shop fails to begin operating at the end of the hold period, OHA may revoke the certification [OAR 333-015-0058(7)].
If OHA revokes or refuses to renew a Type B or Type C certification, OHA may not issue a new Type B or Type C certification to the smoke shop [OAR 333-015-0059(7)].
[ORS 433.847(2)(c) and OAR 333-015-0056(4)(c)]
TO QUALIFY for Type C Certification, a business must have been certified by OHA on or before December 31, 2012 as a smoke shop under ORS 433.835, as in effect immediately before June 30, 2011 and:
- Be primarily engaged in the sale of tobacco products and smoking instruments, and derive at least 75 percent of its gross revenue from such sales;
- Prohibit persons under 21 years of age from entering the premises;
- Not offer video lottery games as authorized under ORS 461.217, social gaming, or betting on the premises;
- Not sell or offer alcoholic beverages for on-premises consumption;
- Not allow on-premises consumption of alcoholic beverages;
- Allow the smoking of cigarettes only if at least 75 percent of the gross revenues of the business result from the sale of cigarettes; and
- Be a stand-alone business with no other businesses or residential property attached to the premises.
TO MAINTAIN Type C certification under these requirements, a certified smoke shop must comply with these ongoing obligations:
- Continuously meet the criteria under which the smoke shop was certified. OHA may revoke certification if the smoke shop ceases to meet the certification criteria.
- Allow OHA to make unannounced inspections of the business to determine compliance with the ICAA.
- Demonstrate that at least 75 percent of the smoke shop's gross revenue is derived from the sale of tobacco products or smoking instruments, by submitting to OHA a completed Annual Financial Documentation Form and sales report by April 30 each year. If OHA does not receive required financial documentation by April 30, OHA may take action to revoke or suspend your smoke shop certification or issue civil penalties.
- Post signs at each entrance and exit clearly stating that:
- Smoking is allowed on all or part of the premises;
- Anyone under the age of 21 is prohibited from entering the premises;
- It is unlawful to sell tobacco products or inhalant delivery systems to anyone under the age of 21;
- Cigarette smoking is prohibited on the premises, in a smoke shop where cigarette smoking is not allowed under these rules;
- Smoking, aerosolizing or vaporizing inhalants that are not tobacco products is prohibited; and
- On-premises consumption of alcohol is prohibited.
- Prohibit smoking, ashtrays, and outdoor smoking areas within 10 feet of entrances, exits, windows that open, ventilation intakes, and accessibility ramps leading to and from an entrance or exit.
- Maintain current contact information with OHA. If OHA is unable to contact a smoke shop because the smoke shop's contact information on file is out of date, then the smoke shop's certification may be suspended until current contact information is provided. Use the Contact Information Update Form to submit updates.
- Renew its certification every five years from the date of original certification, pursuant to OAR 333-015-0059.
- To transfer certification or change locations, refer to procedures in OAR 333-015-0061.
Smoke shop certification may be REVOKED if:
- A smoke shop ceases to meet the renewal criteria [OAR 333-015-0059(1)].
- A smoke shop fails to submit required documentation in accordance with OAR 333-015-0058.
- A smoke shop fails to comply with or violates any requirement or obligation in the ICAA rules.
- A smoke shop ceases to operate at the certified location. A smoke shop must notify OHA immediately if the smoke shop will cease operating or is not operating [OAR 333-015-0058(6)]. A smoke shop may place a hold on its certification for up to 6 months by submitting a Hold Notification Form. A smoke shop may only place a hold on its certification when it is remodeling its current certificated location or it is transferring location. If the smoke shop fails to begin operating at the end of the hold period, OHA may revoke the certification [OAR 333-015-0058(7)].
If OHA revokes or refuses to renew a Type B or Type C certification, OHA may not issue a new Type B or Type C certification to the smoke shop [OAR 333-015-0059(7)].
Type A Certification (Smoke Shop A)
New Certification Requirements [OAR 333-015-0056(a)]
Type B Certification (Smoke Shop B)
Type C Certification (Smoke Shop C)
Please send request for MS-Word version of any of these Forms at
ICAA.certification@dhsoha.state.or.us.
E-mail all completed applications and forms to ICAA.certification@dhsoha.state.or.us. All required documentation and all supporting documents must be submitted as one PDF document (attachment).
Cigar Bar Certification Requirements
All cigar bars must be certified by the Oregon Health Authority (OHA) and must abide by specific requirements.
-
All cigar bars must receive certification from OHA before permitting cigar smoking on the premises.
- All required documentation must be included for OHA to consider the cigar bar for certification.
- Establishments that sell tobacco products must also comply with federal, state and local tobacco laws and regulations restricting the sale, distribution and marketing of tobacco products and inhalant delivery systems (inhalant delivery systems are products such as e-cigarettes).
TO QUALIFY as a cigar bar, a business must:
- Apply to OHA and receive certification before allowing cigar smoking on the premises.
- Have on-site sales of cigars.
- Have generated on-site retail sales of cigars of at least $5,000 for the calendar year ending December 31, 2006.
- Operate under a full on-premises liquor sales license issued by the Oregon Liquor Control Commission.
- Have a humidor on the premises.
- Prohibit the smoking of all tobacco products other than cigars.
- Prohibit persons under 21 years of age from entering the premises and post notice of the prohibition at each entrance and exit.
- Post signs at each entrance and exit stating that smoking is allowed on all or part of the premises.
- Not offer video lottery games.
- Have a maximum seating capacity of 40 persons.
- Have a ventilation system that exhausts smoke from the business and that is designed and terminated in accordance with the state building code standards for the occupancy classification in use.
- Require all employees to read and sign a form published by the Public Health Division (Certified Cigar Bar Secondhand Smoke Form) that explains the dangers of exposure to secondhand smoke.
TO APPLY for certification, submit the following documentation to OHA in one packet:
- A completed OHA Application for Cigar Bar Certification.
- A copy of the business's full on-premises liquor sales license issued by the Oregon Liquor Control Commission under ORS 471.175.
- A copy of the floor plan submitted to the Oregon Liquor Control Commission for the business's full on-premises liquor sales license. The floor plan must include a detailed seating chart denoting a maximum seating capacity of no more than 40 persons.
- A copy of the business's certificate of occupancy and official documentation from the building authority with jurisdiction showing that the business was approved as a smoking lounge.
- A completed and signed Certified Cigar Bar Secondhand Smoke Document, which explains the dangers of exposure to secondhand smoke, for each employee.
- Documentation demonstrating that the cigar bar generated on-site retail sales of cigars of at least $5,000 in the calendar year 2006. Documentation may include cash register tapes, inventory receipts, and purchase orders.
Please include a separate application packet for each cigar bar and keep a copy of all application materials for your records.
TO MAINTAIN cigar bar certification, a certified cigar bar must:
- Provide any missing information or documentation required under OAR 333-015-0025 to 333-015-0085 upon request by OHA.
- Meet the definition of a cigar bar, as defined in ORS 433.835 and OAR 333-015-0030, at all times. OHA may revoke cigar bar certification if the business no longer meets the definition of a cigar bar.
- Submit a completed Certified Cigar Bar Secondhand Smoke Form to OHA by December 31 of each calendar year for every new employee hired during that year.
- Post signs at each entrance and exit clearly stating that:
- Smoking is allowed on all or part of the premises;
- Smoking, aerosolizing or vaporizing of inhalants that are not cigars is prohibited; and
- Anyone under the age of 21 is prohibited from entering the premises.
- Prohibit smoking of non-cigar tobacco products on the premises.
- Prohibit smoking, ashtrays, and outdoor smoking areas within 10 feet of entrances, exits, windows that open, ventilation intakes, and accessibility ramps leading to and from an entrance or exit. Outdoor seating and dining areas within 10 feet must be clearly marked as non-smoking.