Customer operation of gasoline dispensing device in low-population county
(1) As used in this section, "low-population county" means a county that, based on a certificate of population prepared under ORS 190.510 (Definitions for ORS 190.510 to 190.610) to 190.610 (State census program), has a population of not more than 40,000.
(2) Notwithstanding ORS 480.330 (Operation of gasoline dispensing device by public prohibited) and 480.340 (Coin-operated or self-service gasoline pumps prohibited), if a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail is located in a low-population county, the owner or operator may, after 6 p.m. and before 6 a.m.:
(a) Permit a person other than the owner, operator or employee to use or manipulate a device for dispensing liquids into the fuel tank of a motor vehicle or other retail container;
(b) Permit the use of an installed coin-operated or self-service dispensing device for the liquids; and
(c) Allow the use of an automatic nozzle to dispense the liquids without the owner, operator or employee being in the immediate vicinity of the tank or container being filled.
(3) A dispensary described in this section is not subject to any provisions of ORS 480.315 (Policy) to 480.385 (Civil penalty for gasoline dispensing law violations) regulating nonretail facilities.
(4) If a county ceases to be a low-population county on or after January 1, 2016, dispensaries located within the county may operate as described in subsection (2) of this section notwithstanding the change in county population. [2015 c.525 §2]
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