(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:

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Terms Used In Oregon Statutes 431A.216

  • Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(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

(b) Makes a false statement to the department.

(2) A civil penalty imposed under this section may not exceed $1,000 per violation.

(3) Amounts collected by the department under this section shall be deposited in the General Fund.

(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) 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]

 

(Local Regulation)