76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2384
House Bill 2601
Sponsored by Representative SCHAUFLER (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies definition of 'smoke shop' for purposes of Oregon
Indoor Clean Air Act to include businesses that are attached to
other businesses or residential property. Allows smoking in
certain private clubs.
A BILL FOR AN ACT
Relating to smoking; amending ORS 433.835 and 433.850.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 433.835 is amended to read:
433.835. As used in ORS 433.835 to 433.875:
(1) 'Cigar bar' means a business that:
(a) Has on-site sales of cigars as defined in ORS 323.500;
(b) Has a humidor on the premises;
(c) Allows the smoking of cigars on the premises but prohibits
the smoking of all other tobacco products in any form including,
but not limited to, loose tobacco, pipe tobacco, cigarettes as
defined in ORS 323.010 and cigarillos as defined by the Oregon
Health Authority by rule;
(d) Has been issued and operates under a full on-premises sales
license issued under ORS 471.175;
(e) Prohibits persons under 21 years of age from entering the
premises and posts notice of the prohibition;
(f) Does not offer video lottery games as authorized under ORS
461.217;
(g) Has a maximum seating capacity of 40 persons;
(h) Has a ventilation system that is certified by the assistant
to the State Fire Marshal described in ORS 476.060 for the
jurisdiction in which the cigar bar is located as adequate to
remove the cigar smoke in the cigar bar and vents the smoke from
the cigar bar in a manner that prevents the smoke from entering
any other establishment; and
(i) Requires all employees to read and sign a document that
explains the dangers of exposure to secondhand smoke.
(2) 'Enclosed area' means all space between a floor and a
ceiling that is enclosed on three or more sides by permanent or
temporary walls or windows, exclusive of doors or passageways,
that extend from the floor to the ceiling.
(3) 'Place of employment' means every enclosed area under the
control of a public or private employer that employees frequent
during the course of employment, including but not limited to
work areas, employee lounges, vehicles that are operated in the
course of an employer's business that are not operated
exclusively by one employee, rest rooms, conference rooms,
classrooms, cafeterias, hallways, meeting rooms, elevators and
stairways. 'Place of employment' does not include a private
residence unless it is used as a child care facility as defined
in ORS 657A.250 or a facility providing adult day care as defined
in ORS 410.490.
(4) 'Public place' means any enclosed area open to the public.
(5) 'Smoke shop' means a business that:
(a) Is 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;
(b) Prohibits persons under 18 years of age from entering the
premises;
(c) Does not offer video lottery games as authorized under ORS
461.217, social gaming or betting on the premises; { + and + }
(d) Does not sell or offer on-premises consumption of alcoholic
beverages { + . + } { - ; and - }
{ - (e) Is a stand-alone business with no other businesses or
residential property attached to the premises. - }
(6) 'Smoking instrument' means any cigar, cigarette, pipe or
other smoking equipment.
SECTION 2. ORS 433.850 is amended to read:
433.850. (1) An employer shall provide a place of employment
that is free of tobacco smoke for all employees.
(2) Notwithstanding subsection (1) of this section:
(a) The owner or person in charge of a hotel or motel may
designate up to 25 percent of the sleeping rooms of the hotel or
motel as rooms in which smoking is permitted.
(b) Smoking of noncommercial tobacco products for ceremonial
purposes is permitted in spaces designated for traditional
ceremonies in accordance with the American Indian Religious
Freedom Act, 42 U.S.C. 1996.
(c) Smoking is permitted in a smoke shop.
(d) Smoking is permitted in a cigar bar that generated on-site
retail sales of cigars of at least $5,000 for the calendar year
ending December 31, 2006.
{ + (e) Smoking is permitted in a private club, as described
in ORS 471.175, that has been issued and operates under a full
on-premises sales license as provided in ORS 471.175. + }
(3) An employer, except in those places described in subsection
(2) of this section, shall post signs that provide notice of the
provisions of ORS 433.835 to 433.875.
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