Tobacco Retail License Program
Tobacco Retail License Program
Any business that wants to sell tobacco, vaping, and/or nicotine products in Benton County must get a tobacco retail license from the County Health Department. Many different types of businesses may have an interest in selling tobacco, including but not limited to:
- convenience stores,
- bars,
- hotels,
- restaurants,
- gas stations, and
- music venues.
The County holds all of them to the same licensing standard.
In addition to tracking where tobacco is being sold, the County also checks that retailers comply with laws regulating the sale of tobacco. This helps reduce youth access to tobacco in our community and makes stores healthier places for everyone to shop.
On this page:
Tobacco Retail Education
It is the responsibility of business owners to make sure that all employees are following tobacco regulations. A full training manual laying out rules and responsibilities is available here:
Click here to find this training in more languages
Tobacco Retail Requirements
In order to sell tobacco, vaping, or nicotine products, businesses have to meet various requirements laid out by Both the County and the State.
A license will not be issued
- For a moveable location (e.g., kiosk, food truck, etc.).
- For a temporary event (e.g., farmers’ market, fair, etc.).
- At a location within 1,000 feet of a school.
- At a location within 1,000 feet of another tobacco retailer.
- Upon a transfer:
- from one location to another (same business).
- from one business to another (same location).
Eligible businesses will
- Have a fixed and permanent location, an appropriate distance from schools and other retailers.
- Apply for a separate license at each location, even if the locations are all run as one business.
- Renew their license every year, before June 30.
Licensed Retailers must
- Keep current licenses displayed in a place where customers and staff can see it easily.
- Use legal forms of ID to verify that tobacco products are not sold to underage buyers.
- Learn and adhere to rules on how products can be displayed, accessed, and promoted.
- Stay aware of any changes to these rules going forward
- Submit to annual inspections and comply with any findings.
Click here to review recent changes to Tobacco Retail License laws
Effective 1/1/2024
IDS Child-resistant packaging requirements
IDS Child-resistant packaging FAQ document
Effective 7/1/2024
Click here for the full text of the Tobacco Retail License laws
- Benton County Code
- Chapter 17: “Sale of Tobacco”
- Oregon Administrative Rules
- Chapter 333: Public Health Division
- Division 15: […] Retail Sale of Tobacco Products and Inhalant Delivery Systems
- Chapter 333: Public Health Division
Inspections and Enforcement
Inspections
Benton County Health Department goes to each location at least twice per year in order to conduct surprise inspections. Annual inspections may include:
- In-store compliance inspections
- checking for compliance with all federal, state, and local laws regulating the display and sale of tobacco, vaping, and nicotine products
- In-store minimum legal sales age inspections
- checking to make sure retailers are not selling tobacco, vaping, and nicotine products to people under 21 years of age
- Complaint of violation inspections
- verifying and responding to complaints or reports from the public of law violations related to tobacco, vaping, and nicotine product sales
Penalties, fines, or loss of license may occur if an inspector is not allowed to complete their inspection.
Penalties
If an inspector finds a retailer is out of compliance with any federal, state, or local tobacco retail laws, they will be subject to fines, penalties, or revocation of licensure. Subsequent violations within a 60-month period may incur more severe penalties.
| Violation | Penalty |
|---|---|
| 1st violation | -$1,000 fine |
| 2nd violation (within a 60-month period of the 1st violation) | -$2,000 fine and license suspended for 45 days -The tobacco retailer may not sell tobacco products and must remove all tobacco products from all retail areas while the license is suspended |
| 3rd violation (within a 60-month period of the 1st violation) | -$3,500 fine and license revoked -The former licensee shall not be eligible to reapply for a license for 6 months from the date the licenses was revoked -The tobacco retailer may not sell tobacco products and must remove all tobacco products from all retail areas while the license is revoked |
| 4th violation or any subsequent violation (within a 60-month period of the 1st violation) | -$5,000 fine and license revoked |
A retailer may be subject to multiple civil penalties at a single inspection if the County Health Department finds multiple violations.
In the case of an illegal sale of a tobacco product during a minimum sale age inspection, a retailer may be assessed a fine, license suspension or revocation without a remediation plan.
Any retailer that sells tobacco without a license shall be subject to a fine of $1,000 per day for each day the violation occurs.
Applications and Renewals
Each year, retailers need to renew their tobacco retail license and pay the annual fee on or before June 30. Retailers must submit an application and fee for each business location that they operate. Retailers that sell tobacco, vape, or nicotine products without a tobacco retailer license may be subject to civil penalties.
Fees
For July 1, 2023 through June 30, 2024, the Tobacco Retail License Fee is $560.
Benton County Health Department reviwes the fee every year to cover the cost of the administration, implementation, and enforcement of the tobacco retail license program to state standards.
Application Form
Click here to view and download the application form
Two ways to Submit
Mail your Tobacco Retail License application by mail, along with the license fee payment to:
Benton County Health Department
ATTN: Tobacco Retail License Program
PO Box 3020
Corvallis, OR 97339
Drop off your Tobacco Retail License application in person, along with the license fee payment at:
Please make checks payable to:
Benton County Health Department