Chapter 600 Oregon Laws 2009

AN ACT

HB 2136

Relating to vending machines distributing tobacco products; amending ORS 167.402.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 167.402 is amended to read:

          167.402. (1) As used in this section, “vending machine” means a mechanical, electronic or similar device that, upon the insertion of tokens, money or another form of payment, dispenses tobacco products.

          [(1)] (2) [No person having authority over such placement shall locate a vending machine from which] A person may not sell or dispense tobacco products, as defined in ORS 431.840, [in any form are dispensed in any place legally accessible to persons under 18 years of age except taverns and cocktail lounges, industrial plants, as defined in ORS 308.408, hotels and motels.] from a vending machine, except in an establishment where the premises are posted as permanently and entirely off-limits to minors under rules adopted by the Oregon Liquor Control Commission.

          [(2)] (3) Violation of subsection [(1)] (2) of this section is a Class B violation. Each day of violation constitutes a separate offense.

Approved by the Governor June 26, 2009

Filed in the office of Secretary of State June 26, 2009

Effective date January 1, 2010

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