Or. Admin. R. 150-323-0500 - Tobacco Products and Inhalant Delivery System Retail Licensure: Application, Renewal, Fee

(1) Definitions

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

(b) "Annual DOR license application fee" means the fee adopted by the department in this rule to be paid by a retailer of tobacco products or inhalant delivery systems at the time that the retailer submits an application under this rule.

(c) "Application" includes the application form and any additional documentation or information requested by the department from a retailer to verify compliance with local law prior to issuance of a tobacco retail license.

(d) "Department" means the Oregon Department of Revenue.

(e) "Initial application" means the first application for a tobacco retail license from a retailer for the premises included in the application.

(f) "Local fee" means a fee adopted by a city or governing body of a local public health authority adopted by an ordinance to be paid by a retailer.

(g) "Local law" includes any ordinance or code enacted by the governing body of a local public health authority regulating the qualifications for engaging in the retail sale of tobacco products or of inhalant delivery systems.

(h) "Local tobacco retail license" means a valid license issued by a city or governing body of a local public health authority to a retailer for periods beginning on or after January 1, 2022.

(i) "Oregon Health Authority fee" means the fee adopted by the Oregon Health Authority to be paid by a retailer at the same time the annual DOR license application fee is paid.

(j) "Renewal application" means an application for a license from a retailer for the premises included in the application other than an initial application.

(k) "Retailer" means a person or entity, as that term is defined in ORS 60.001, that sells for consideration, offers for retail sale, holds for sale, or exchanges or offers to exchange tobacco products or inhalant delivery systems or that distributes free or low-cost samples of tobacco products or inhalant delivery systems from a premises.

(l) "Tobacco retail license" or "annual tobacco retail license" means a license issued by the department to a retailer for the sale of tobacco products or inhalant delivery systems.

(m) "Tobacco retail license fee" means the fee adopted by the department in this rule, any applicable Oregon Health Authority fee, and any local fee adopted by a city or governing body of a local public health authority where a retailer is located.

(2) Tobacco Retail License Initial Application

(a) An application for a tobacco retail license shall be submitted to the department on behalf of each retailer that is not subject to a local tobacco retail license issued by a city or governing body of a local public health authority. A retailer may not engage in the retail sale of tobacco products prior to receiving a tobacco retail license from the department.

(b) The department will not consider an application for a tobacco retail license complete until the department receives the payment of the tobacco retail license fee in full for each premises included on the application and any documentation required to be submitted to the department by the retailer to demonstrate compliance with local law regulating the qualifications for engaging in the retail sale of tobacco products or inhalant delivery systems.

(A) If a retailer submits an application for a tobacco retail license without payment of the tobacco retail license fee in full for each premises on the application the department will notify the retailer that the application is incomplete.

(B) If the retailer does not remit full payment of the tobacco retail license fee for each premises on the application within 14 calendar days from the date of the notice, the department will consider the application incomplete and refund any amount paid.

(C) A retailer required to possess a tobacco retail license may not engage in the retail sale of tobacco products or inhalant delivery systems on or after January 1, 2022, until the department approves the completed application of the retailer and issues a tobacco retail license to the retailer.

(c) Completed applications for a tobacco retail license that are received prior to January 1, 2022, and approved by the department, will be effective from January 1, 2022, through December 31, 2022. Completed applications for a tobacco retail license received on or after January 1, 2022, will be effective for a one-year period from the date the completed application is received, reviewed, and approved by the department through the end of the calendar month of the issuance date.

(3) Annual DOR License Application Fee.The annual DOR license application fee for applications effective beginning on or after January 1, 2022, is $230. The department shall review the annual DOR license fee amount annually.

(4) Tobacco Retail License Renewal Application. A retailer may apply for a renewal of their annual tobacco retail license beginning the first day of the calendar month of expiration. A retailer must submit the full tobacco license fee in effect at the time of renewal.

(5) Annual DOR License Application Fee Nonrefundable. If the Department issues a tobacco retail license to a retailer, then that annual DOR license application fee is nonrefundable. If the Department denies an initial or renewal application for a tobacco retail license, and that denial becomes final, then the Department will refund that annual DOR license application fee.

Notes

Or. Admin. R. 150-323-0500

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