1. (1) The Department of Revenue may impose a civil penalty against a person that holds or seeks a license issued under ORS 431A.198 if the person that holds or seeks the license, an individual who participates in the management of the premises for which the license has been or would be issued or an individual who is employed for the purpose of making retail sales at the premises:

   1. (a) Violates ORS 431A.190 to 431A.216, a rule adopted under ORS 431A.190 to 431A.216 or any other state law or rule or federal law or regulation that governs the retail sale of tobacco products or inhalant delivery systems or state taxation; or
   2. (b) Makes a false statement to the department.
2. (2) A civil penalty imposed under this section may not exceed $1,000 per violation.
3. (3) Amounts collected by the department under this section shall be deposited in the General Fund.
4. (4) Except as provided by state tax law or as otherwise identified by the department by rule or order, an imposition of a civil penalty under this section may be appealed as a contested case under ORS chapter 183.
5. (5) If a civil penalty is imposed under this section, a civil penalty may not be imposed for the commission of the same act under ORS 431A.178 or pursuant to an ordinance or rule adopted under ORS 431A.218.

[2021 c.586 §8]