1. (1) A business must apply to the Authority for certification before allowing cigar smoking on its premises.

2. (2) A business must apply for certification on a form prescribed by the Authority and include the following information and documentation:

   1. (a) A copy of the business’s full on-premises liquor sales license issued by the Oregon Liquor Control Commission under ORS 471.175;
   2. (b) A site map of the premises that denotes maximum seating capacity and includes a detailed seating chart;
   3. (c) A copy of the business’s certificate of occupancy and official documentation from the building authority with jurisdiction that the business was approved as a smoking lounge;
   4. (d) Using the form provided by the Authority, proof that all employees have read and signed a document explaining the dangers of exposure to secondhand smoke (this form is available online or by calling the Tobacco Prevention and Education Program); and
   5. (e) Documentation demonstrating to the satisfaction of the Public Health Director that the cigar bar generated on-site retail sales of cigars of at least $5,000 in the calendar year 2006.

3. (3) Application Review:

   1. (a) The Authority shall review application materials within 30 days of receipt and determine whether the application is complete.
   2. (b) Within 10 days of declaring an application complete, the Authority shall deny or grant the application. The Authority shall grant a business certification if, upon review of the application materials, the Authority finds that sufficient documentation has been provided to demonstrate compliance with section (2) of this rule. In lieu of denying an application, the Authority may request additional information from the applicant to determine compliance with section (2) of this rule.
   3. (c) The Authority may deny an application for cigar bar certification if the Authority issued a civil penalty against an applicant for any violation of the Act or these rules within 12 months prior to application.

   4. (d) The Authority may deny an application for cigar bar certification or revoke a cigar bar certification and prohibit an applicant from reapplying for up to two years if the applicant or cigar bar:

      1. (A) Provides information that is false or deliberately misleading; or
      2. (B) Violates the Act or these rules.

4. (4) Ongoing Requirements for Certification:

   1. (a) If a cigar bar was certified before February 1, 2012, and has not provided the information or documentation required under section (2) of this rule, the cigar bar must furnish the missing information or documentation upon request by the Authority to remain certified.
   2. (b) A certified cigar bar must meet the definition of a cigar bar, as defined in ORS 433.835(1) and OAR 333-015-0030(5), at all times. The Authority may revoke certification if the business no longer meets the definition of a cigar bar.
   3. (c) A cigar bar must submit a completed form, as described in subsection (2)(d) of this rule, to the Authority by December 31 of each calendar year for every new employee hired during that year.
5. (5) Cigar bar certification is only valid for the business location authorized by the Authority.
6. (6) Certification may be revoked if a cigar bar ceases operation. The certificate holder must notify the Authority that the cigar bar is no longer in operation within 30 days of ceasing to operate.

Statutory/Other Authority

ORS 433.855

Statutes/Other Implemented

ORS 433.835 - 433.870

History

PH 23-2019, amend filed 11/18/2019, effective 01/01/2020
PH 2-2012, f. & cert. ef. 2-1-12
PH 12-2008, f. 8-15-08, cert. ef. 1-1-09