For the purposes of this chapter, the following definitions shall apply:
A. 
"Electronic smoking device"
means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use of inhalation of which may resemble smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or under any other product name or descriptor and any cartridge or other component of the device.
B. 
"License"
means a license issued by the city of Philomath for the retail sale of tobacco products.
C. 
"Licensee"
means the holder of a valid license for the retail sale of tobacco products.
D. 
"Minor"
means any person under 21 years of age.
E. 
"School"
means any public or private elementary, middle, junior high or high school.
F. 
"Self-service displays"
means open display of tobacco products that the public has access to without the intervention of a store employee.
G. 
"Tobacco product"
means any product that contains tobacco or is derived from tobacco and is intended to be introduced into the human body. "Tobacco product" includes any electronic smoking device. "Tobacco product" does not mean any product that the United States Food and Drug Administration has approved as a tobacco use cessation product.
H. 
"Vendor-assisted"
means only a store employee has access to the tobacco product and assists the customer by supplying the tobacco products. The customer does not take possession of the tobacco product until after it is purchased.
(Ord. 683 § 1, 2000; Ord. 837 § 1, 2018)
A. 
It shall be a violation of this chapter for a retailer to sell tobacco products unless that retailer holds a valid license from the city of Philomath for each location in which tobacco products are sold. All such licenses shall be renewed annually on or before March 1st.
B. 
Any license issued in accordance with the provisions of this chapter shall remain the property of the city, and upon expiration, revocation, or suspension, it shall be returned to the city. If a license is lost or destroyed, it may be replaced upon the payment by the applicant of a fee as set forth in PMC § 5.30.030.
C. 
No license may be issued to authorize tobacco retailing at a non-fixed location. For the purposes of this section, a "non-fixed location" means any retail business whose physical location is not permanent, including, but not limited to, any retail business that is operated from a kiosk, other transportable structure, or a motorized or nonmotorized vehicle.
D. 
No license may be issued to authorize tobacco retailing at a temporary event. For example, a tobacco retail license will not be issued for use at a farmer's market or fair.
E. 
No license may be issued to authorize tobacco retailing at any location within 1,000 feet of a school, as measured by the shortest distance traveled from any entrance of the proposed location for tobacco retailing to the parcel boundary of the school; provided, however, that the prohibition contained in this subsection (E) shall not apply to any tobacco retailer operating lawfully on the date immediately prior to the ordinance codified in this chapter becoming effective.
F. 
No license may be issued to authorize tobacco retailing at a location which is within 1,000 feet of a location occupied by another tobacco retailer, as measured by the shortest distance traveled from any entrance of the proposed location to any entrance of the existing location; provided, however, that the prohibition contained in this subsection (F) shall not apply to existing tobacco retailers operating lawfully on the date immediately prior to the ordinance codified in this chapter becoming effective.
G. 
Any exemption granted to a tobacco retailer pursuant to this section shall cease to apply if the tobacco retailer fails to timely renew the tobacco retailer license pursuant to subsection (A) of this section.
(Ord. 683 § 2, 2000; Ord. 837 § 1, 2018)
No tobacco retailer's license shall be issued or continue to be valid unless the holder thereof has paid the fees as required by this chapter.
(Ord. 683 § 3, 2000; Ord. 837 § 1, 2018)
It shall be a violation of this chapter for a retailer to sell tobacco products to minors under 21 years of age.
(Ord. 683 § 5, 2000; Ord. 837 § 1, 2018)
It shall be a violation of this chapter for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of self-service displays or any means other than vendor-assisted sales.
(Ord. 683 § 6, 2000; Ord. 837 § 1, 2018)
It shall be a violation of this chapter for a licensee to violate any local, state, or federal law applicable to tobacco products or tobacco retailing in the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license is issued.
(Ord. 837 § 1, 2018)
It shall be a violation of this chapter for any person or employer to discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this chapter.
(Ord. 683 § 7, 2000; Ord. 837 § 1 2018)
A. 
Any licensee who violates any provision of this chapter other than PMC § 5.30.020 shall be assessed penalties and/or have their license suspended as follows:
1. 
In the case of a first violation within two years of any previous violation, the licensee shall be fined $500.00 and shall be notified in writing of penalties levied for further violations.
2. 
In the case of a second violation within two years of any previous violation, the licensee shall be fined $1,000, and the license shall be suspended and the suspended retailer shall be ineligible to apply for a new license for 45 days after the effective date of the suspension.
3. 
In the case of three or more violations within two years of any previous violation, the licensee shall be fined $1,500, and the license shall be revoked and the revoked retailer shall be ineligible to apply for a new license for six months after the effective date of the revocation.
B. 
Failure to pay a fine levied under this section within 30 days of the date that the fine becomes effective shall result in the suspension of the licensee's license until such fines are paid.
C. 
During any suspension or revocation of a license under this section, the retailer so suspended may not sell tobacco products and must remove all tobacco products from all retail areas. In addition, any new application for a license while a retailer's license is suspended under this chapter shall be denied.
(Ord. 683 § 8, 2000; Ord. 837 § 1, 2018)
A. 
Unless otherwise provided, prior to the revocation or suspension of a license issued under this chapter, the city manager or his/her designee shall provide a notice to the holder of said license. The notice shall contain the following information:
1. 
The name and title of the person issuing the notice;
2. 
The date on which the fine, suspension, or revocation will become effective;
3. 
The reason for the fine, revocation, or suspension;
4. 
That the licensee may request a hearing regarding the fine, revocation, or suspension;
5. 
That the request for a hearing must be made in person or in writing and received by the city manager within 10 days after receipt of the notice of penalty;
6. 
That failure to request a hearing within 10 days after receipt of the notice or by the notice's return by the postal service shall act as a waiver of the right to a hearing and the fine, revocation, or suspension will, if applicable, become effective on the date included in the notice.
(Ord. 683 § 10, 2000; Ord. 837 § 1, 2018)
A. 
Upon request for a hearing as provided in PMC § 5.30.100, a hearing shall be held before the city council. The hearing shall be conducted at a regular council meeting within 25 days after the request for hearing is filed with the city. The hearing can be set for a later day if the applicant or licensee so requests.
B. 
At the hearing, the applicant or licensee may contest the fine, suspension, revocation or denial.
C. 
If the city council finds that the applicant is not eligible for a license, the city council shall declare the license application denied. If the city council finds that the fine, suspension, or revocation is in accordance with this chapter, then that fine, suspension, or revocation shall take effect immediately. The action of the city council is final.
D. 
If the applicant or licensee does not appear at the scheduled hearing, the city council may move to deny, fine, revoke, or suspend the licensee or applicant.
(Ord. 683 § 11, 2000; Ord. 837 § 1, 2018)
The fees applicable to the processing of a tobacco retailer's license shall be paid by the applicant at the time the application is presented to the city and shall be set by council resolution.
(Ord. 683 § 12, 2000; Ord. 837 § 1, 2018)
A. 
Enforcement of this chapter by the city of Philomath is on hiatus until such time as the council amends this section.
B. 
For the duration of the hiatus, the city council adopts the provisions of Benton County ordinances that apply to the sale of tobacco products and these Benton County ordinances may be enforced by Benton County within the city limits, in the manner provided by an intergovernmental agreement for such enforcement entered into by the city and Benton County.
(Ord. 864 § 1, 2022)