Topics
A to Z
Data &
 Statistics
Forms &
Publications
News &
Advisories
Licensing &
Certification
Rules &
Regulations
Public Health
Directory
Print this Article   Bookmark and Share
Smoke Shop and Cigar Bar Certification
On this page:

Smoke Shop Certification

Cigar Bar Certification


Smoke Shop Certification

Applications and Forms

Applying for Smoke Shop Certification

All smoke shops must be certified by the Oregon Health Authority (OHA) and abide by specific requirements before permitting smoking on the premises. Establishments that sell tobacco products must also comply with federal law and regulations restricting the sale, distribution and marketing of cigarettes and smokeless tobacco products.

There are three sets of smoke shop certification criteria. Select the appropriate category below.

  1. New Smoke Shop Certification Requirements
  2. Alternative Smoke Shop Certification Requirements for Businesses Existing on December 31, 2008
  3. Grandfathered Smoke Shop Certification Requirements for Businesses that Applied Prior to June 30, 2011

 

New Smoke Shop Certification Requirements

[ORS 433.847(2)(a) and OAR 333-015-0068(5)(a)]

A business may qualify for smoke shop certification if it:

  • Is primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, with at least 75 percent of the gross revenue of the business resulting from such sales.
  • Prohibits persons under 18 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, offer or allow on-premises consumption of food or beverages, including alcoholic beverages.
  • Is a stand-alone business with no other businesses or residential property attached to the premises.
  • Has a maximum seating capacity of four persons.
  • Would allow smoking only for the purpose of sampling tobacco products for making retail purchase decisions, in a manner that complies with ORS 180.486 and 431.840.

 

To maintain smoke shop 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. The Oregon Health Authority (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.
  • Submit a completed Annual Financial Documentation Form every year, within 30 days of the calendar date on which certification was originally granted, to demonstrate that at least 75 percent of the smoke shop’s gross revenue is derived from the sale of tobacco products or smoking instruments.
  • Post signs at each entrance and exit clearly stating that smoking is allowed on all or part of the premises and that anyone under the age of 18 is prohibited from entering 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.
  • Maintain up-to-date 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 up-to-date contact information is provided. Use the Contact Information Update Form to submit updates.
  • To transfer certification or change locations, refer to the procedures in OAR 333-015-0068(9) and (10).

 

Smoke shop certification may be revoked if:

  • The smoke shop goes out of business. A smoke shop owner must notify OHA within 30 days if the smoke shop ceases operation because it has gone out of business.
  • The smoke shop commits any violation of the ICAA [ORS 433.835 to 433.990(5)] or related rules [OAR 333-015-0025 to 333-015-0090].

 

Alternative Smoke Shop Certification Requirements for Businesses Existing on December 31, 2008

[OAR 333-015-0068(5)(b)]

To qualify for this type of smoke shop certification, a smoke shop must, on December 31, 2008, and presently, have met/meet the following requirements:

  • Be primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, with at least 75 percent of the gross revenues of the business resulting from such sales.
  • Prohibit persons under 18 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, offer or allow on-premises consumption of food or beverages, including alcoholic beverages.
  • Either:
    • Be a stand-alone business with no other businesses or residential property attached; or
    • Have a ventilation system that exhausted/exhausts smoke from the business and was/is designed and terminated in accordance with the state building code standards for the occupancy classification in use.

 

To maintain certification under the alternative smoke shop certification requirements for businesses existing on December 31, 2008 a certified smoke shop must comply with these ongoing obligations:

  • Continuously meet the criteria under which the smoke shop was certified. The Oregon Health Authority (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.
  • Submit a completed Annual Financial Documentation Form every year, within 30 days of the calendar date on which certification was originally granted, to demonstrate that at least 75 percent of the smoke shop’s gross revenue is derived from the sale of tobacco products or smoking instruments intended for off-premises consumption or use.
    • The spreadsheet must include the total revenue from cigarette sales if the smoke shop permits cigarette smoking on the premises.
  • 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 18 is prohibited from entering the premises, and, in smoke shops not authorized by OHA to permit cigarette smoking, cigarette smoking is prohibited on the premises.
  • Prohibit cigarette smoking on the premises unless at least 75 percent of its gross revenue, as reflected in financial documentation submitted to OHA, is derived from the sale of cigarettes.
  • 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. Outdoor seating and dining areas within 10 feet must be clearly marked as non-smoking.
  • Maintain up-to-date 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 up-to-date 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 333-015-0068(8).
  • To transfer certification or change locations, refer to the procedures in OAR 333-015-0068(9) and (10).Use the Smoke Shop B Application for Transfer of Smoke Shop Certification with Ownership to transfer certification to a new owner of the smoke shop.

 

Smoke shop certification may be revoked if:

    • The smoke shop goes out of business. A smoke shop owner must notify OHA within 30 days if the smoke shop ceases operation because it has gone out of business.
    • The smoke shop commits any violation of the ICAA [ORS 433.835 to 433.990(5)] or related rules [OAR 333-015-0025 to 333-015-0090].

 

Grandfathered Smoke Shop Certification Requirements for Businesses that Applied Prior to June 30, 2011

[OAR 333-015-0068(5)(c)]

To qualify for this type of smoke shop certification, a business must have applied to OHA for smoke shop certification prior to June 30, 2011, and:

  • Be certified by the Oregon Health Authority (OHA) as a smoke shop on or before December 31, 2012, under ORS 433.835(5) as in effect immediately before June 30, 2011.
  • Be primarily engaged in the sale of tobacco products and smoking instruments, with at least 75 percent of the gross revenues of the business resulting from such sales.
  • Prohibit persons under 18 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 on-premises consumption of alcoholic beverages.
  • Be a stand-alone business with no other businesses or residential property attached to the premises.
  • Not allow smoking of cigarettes, unless at least 75 percent of the gross revenue of the business results from the sale of cigarettes.

 

To maintain smoke shop 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.
  • Submit a completed Annual Financial Documentation Form every year, within 30 days of the calendar date on which certification was originally granted, to demonstrate that at least 75 percent of the smoke shop’s gross revenue is derived from the sale of tobacco products or smoking instruments.
    • The spreadsheet must include the total revenue from cigarette sales if the smoke shop permits cigarette smoking on the premises.
  • 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 18 is prohibited from entering the premises, and  in smoke shops not authorized by OHA to permit cigarette smoking, cigarette smoking is prohibited on the premises.
  • Prohibit cigarette smoking on the premises unless at least 75 percent of its gross revenue, as reflected in financial documentation submitted to OHA, is derived from the sale of cigarettes.
  • 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.
  • Maintain up-to-date 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 up-to-date contact information is provided. Use the Contact Information Update Form to submit changes.
  • Renew its certification every five years from the date of original certification, pursuant to OAR 333-015-0068(8).
  • To transfer certification or change locations, refer to the procedures in OAR 333-015-0068(9) and (10). Use the Smoke Shop C Application for Transfer of Smoke Shop Certification with Ownership to transfer certification to a new owner of the smoke shop.

 

Smoke shop certification may be revoked if:

  • The smoke shop goes out of business. A smoke shop owner must notify OHA within 30 days if the smoke shop ceases operation because it has gone out of business.
  • The smoke shop commits any violation of the ICAA [ORS 433.835 to 433.990(5)] or related rules [OAR 333-015-0025 to 333-015-0090].

 

Smoke Shop Applications and Forms

Smoke Shops Certified before June 30, 2011: Please use forms under "Smoke Shop C" below.

Smoke Shop A
New Certification Requirements [OAR 333-015-0068(5)(a)]

 

Smoke Shop B
Alternative Certification Requirements for Businesses Existing on December 31, 2008 and applying for certification after June 30, 2011 [OAR 333-015-0068(5)(b)]

  1. To apply for certification, submit the following documentation to OHA in one packet:
  2. A completed OHA Application for Cigar Bar Certification.
  3. A copy of the business’s full on-premises liquor sales license issued by the Oregon Liquor Control Commission under ORS 471.175.
  4. 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.
  5. 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.
  6. A completed and signed Certified Cigar Bar Secondhand Smoke Document, which explains the dangers of exposure to secondhand smoke, for each employee. You may call the Tobacco Prevention and Education Program at (971) 673-0984 to have one mailed to you.
  7. 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.

     

    To maintain cigar bar certification, a certified cigar bar must:

    • Provide any missing information or documentation required under OAR 333-015-0025 - 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 and that 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.

    Cigar Bar Application and Forms

     

    Mail all completed applications and forms to:

    Tobacco Prevention and Education Program
    Attn: ICAA Cigar Bar Certification
    Oregon Health Authority, Public Health Division
    800 NE Oregon St., Ste. 730
    Portland, OR 97232

     

    Back to top