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Oregon Revised Statutes

Or. Rev. Stat. § 431A.198 (2026)

Licensure; fees; rules; exemption

✓ current as of May 2026
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      431A.198 Licensure; fees; rules; exemption. (1) Except as provided in subsection (8) of this section, the Department of Revenue shall issue licenses to, and annually renew licenses for, a person that makes retail sales of tobacco products or inhalant delivery systems at qualified premises.

      (2) To be qualified for licensure under this section, a premises:

      (a) Must be a premises that is fixed and permanent;

      (b) May not be located in an area that is zoned exclusively for residential use; and

      (c) Must meet any qualification for engaging in the retail sale of tobacco products and inhalant delivery systems enacted as an ordinance by the governing body of a local public health authority under ORS 431A.218, provided that the department has knowledge of the qualification pursuant to an agreement entered into under ORS 431A.212.

      (3) For the purpose of licensing premises under this section, the department shall adopt rules establishing:

      (a) Procedures for applying for and renewing licenses; and

      (b) Licensure application, issuance and renewal fees.

      (4) An application submitted under this section and information related to applying for or renewing a license under this section is confidential and not subject to public disclosure under ORS 192.311 to 192.478. However, the department may share an application submitted under this section and information related to applying for or renewing a license under this section with the Department of Justice, the Oregon Health Authority or a local public health authority.

      (5) The Department of Revenue shall publish a list that includes the name of each person to which a license has been issued under this section, the address of each premises for which a license has been issued under this section and any other information that the department determines is relevant to the public with respect to the retail sale of tobacco products and inhalant delivery systems.

      (6) Fees established under subsection (3)(b) of this section must be reasonably calculated to cover but not exceed the costs incurred by the department in administering ORS 431A.190 to 431A.216.

      (7) All moneys collected under this section shall be deposited in the suspense account described in ORS 431A.206.

      (8) The department may not require a person that makes retail sales of tobacco products or inhalant delivery systems to obtain a license under this section if the person holds a license or other authorization issued by a city or local public health authority pursuant to ORS 431A.220. [2021 c.586 §5]

Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2024–2026 · leading case: 21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025).
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21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025). · cites it 42× “5 The latter statute, ORS 431A.198, provides for licenses issued by the Department of Revenue (DOR).”
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025). · cites it 42× “5 The latter statute, ORS 431A.198, provides for licenses issued by the Department of Revenue (DOR).”
Schwartz v. Washington Cnty., 375 Or. 227 (Or. 2026). · cites it 12× “194 provides: “A person may not make a retail sale of a tobacco product or an inhalant delivery system at or from a premises located in this state unless the person sells the tobacco product or inhalant delivery system at or from a premises licensed or otherwise authorized under…”
Schwartz v. Washington Cnty. (Or. Ct. App. 2024). · cites it 8× “220, ORS 431A.198, and ORS 431A.218, which, as explained below, includes provisions that permit cities and local public health authorities to continue their licensing programs if those programs were in place on or before January 1, 2021, and, in those juris- dictions, allows…”
Schwartz v. Washington Cnty. (Or. Ct. App. 2024). · cites it 8× “220, ORS 431A.198, and ORS 431A.218, which, as explained below, includes provisions that permit cities and local public health authorities to continue their licensing programs if those programs were in place on or before January 1, 2021, and, in those juris- dictions, allows…”
Or. Rev. Stat. § 431A.198(1): 1 case
Schwartz v. Washington Cnty., 375 Or. 227 (Or. 2026). “194 provides: “A person may not make a retail sale of a tobacco product or an inhalant delivery system at or from a premises located in this state unless the person sells the tobacco product or inhalant delivery system at or from a premises licensed or otherwise authorized under…”
Or. Rev. Stat. § 431A.198(2): 3 cases
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025). “5 The latter statute, ORS 431A.198, provides for licenses issued by the Department of Revenue (DOR).”
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025). “5 The latter statute, ORS 431A.198, provides for licenses issued by the Department of Revenue (DOR).”
Schwartz v. Washington Cnty., 375 Or. 227 (Or. 2026). “194 provides: “A person may not make a retail sale of a tobacco product or an inhalant delivery system at or from a premises located in this state unless the person sells the tobacco product or inhalant delivery system at or from a premises licensed or otherwise authorized under…”
Or. Rev. Stat. § 431A.198(2)(a): 3 cases
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025). “5 The latter statute, ORS 431A.198, provides for licenses issued by the Department of Revenue (DOR).”
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025). “5 The latter statute, ORS 431A.198, provides for licenses issued by the Department of Revenue (DOR).”
Schwartz v. Washington Cnty., 375 Or. 227 (Or. 2026). “194 provides: “A person may not make a retail sale of a tobacco product or an inhalant delivery system at or from a premises located in this state unless the person sells the tobacco product or inhalant delivery system at or from a premises licensed or otherwise authorized under…”
Or. Rev. Stat. § 431A.198(2)(b): 1 case
Schwartz v. Washington Cnty., 375 Or. 227 (Or. 2026). “194 provides: “A person may not make a retail sale of a tobacco product or an inhalant delivery system at or from a premises located in this state unless the person sells the tobacco product or inhalant delivery system at or from a premises licensed or otherwise authorized under…”
Or. Rev. Stat. § 431A.198(2)(c): 2 cases
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025). “5 The latter statute, ORS 431A.198, provides for licenses issued by the Department of Revenue (DOR).”
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025). “5 The latter statute, ORS 431A.198, provides for licenses issued by the Department of Revenue (DOR).”
Or. Rev. Stat. § 431A.198(8): 2 cases
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025). “5 The latter statute, ORS 431A.198, provides for licenses issued by the Department of Revenue (DOR).”
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025). “5 The latter statute, ORS 431A.198, provides for licenses issued by the Department of Revenue (DOR).”
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