2011 Oregon Revised Statutes
ORS Volume 11, Chapters 431 - 470
ORS Chapter 433
433.835 Definitions for ORS 433.835 to 433.875.


OR Rev Stat § 433.835 (through Leg Sess 2011) What's This?

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 exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; 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 is certified with the authority as a smoke shop pursuant to the rules adopted under ORS 433.847.

(6) Smoking instrument means any cigar, cigarette, pipe or other smoking equipment. [1981 c.384 2; 2001 c.990 1; 2007 c.602 1; 2009 c.595 684; 2011 c.601 1]

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