ORS 433.835¹
Definitions for ORS 433.835 to 433.875

As used in ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title):

(1) "Enclosed area" means all space between a floor and a ceiling that is enclosed on all sides by solid walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling, including all space therein screened by partitions that do not extend to the ceiling.

(2) "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, rest rooms, conference rooms, classrooms, cafeterias and hallways. "Place of employment" does not include a private residence unless it is used as a child care facility as defined in ORS 657A.250 (Definitions for ORS 657A.030 and 657A.250 to 657A.450), a facility providing adult day care as defined in ORS 410.490 (Duties of department) or a health care facility as defined in ORS 442.015 (Definitions).

(3) "Public place" means any enclosed indoor area open to and frequented by the public, except those public places subject to ORS 441.815 (Smoking of tobacco in certain hospital rooms prohibited), including but not limited to restaurants, as defined in ORS 624.010 (Definitions for ORS 624.010 to 624.121), retail stores, banks, commercial establishments, educational facilities, nursing homes, auditoriums, arenas, meeting rooms and grocery stores.

(4) "Smoking instrument" means any cigar, cigarette, pipe or other smoking equipment. [1981 c.384 §2; 2001 c.990 §1]

Note: The amendments to 433.835 (Definitions for ORS 433.835 to 433.875) by section 1, chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13, chapter 602, Oregon Laws 2007. The text that is effective on and after January 1, 2009, is set forth for the user’s convenience.

433.835 (Definitions for ORS 433.835 to 433.875). As used in ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title):

(1) "Cigar bar" means a business that:

(a) Has on-site sales of cigars as defined in ORS 323.500 (Definitions for ORS 323.500 to 323.645);

(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 (Definitions for ORS 323.005 to 323.482) and cigarillos as defined by the Department of Human Services by rule;

(d) Has been issued and operates under a full on-premises sales license issued under ORS 471.175 (Full on-premises sales license);

(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 (Video lottery game regulation);

(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 (Local officers and constables as assistants to State Fire Marshal) 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 (Definitions for ORS 657A.030 and 657A.250 to 657A.450) or a facility providing adult day care as defined in ORS 410.490 (Duties of department).

(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 (Video lottery game regulation), social gaming or betting on the premises;

(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.

Notes of Decisions

Local govern­ments are not preempted from adopting more stringent limita­tions on smoking than mandated under statewide standards. Oregon Restaurant Associa­tion v. City of Corvallis, 166 Or App 506, 999 P2d 551 (2000)

1 Legislative Counsel Committee, CHAPTER 433—Disease and Condition Control; Mass Gatherings; Indoor Air, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors433.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 433, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­433ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information