Oregon Bulletin
June 1, 2011
Rule
Caption: Amendments clarify that smoking
includes non-tobacco substances.
Adm.
Order No.: LOTT 2-2011
Filed with Sec. of
State: 4-29-2011
Certified to be
Effective: 5-1-11
Notice Publication
Date: 4-1-2011
Rules Amended: 177-040-0005, 177-045-0000, 177-045-0010
Subject: The Oregon State Lottery amended the above referenced
rules to clarify that Lottery tickets and shares may not be sold in an
environment where Lottery employees, representatives, or agents are exposed to
secondhand smoke from the smoking of any substance, and not just from the
smoking of tobacco.
Rules Coordinator: Mark W. Hohlt—(503) 540-1417
177-040-0005
Criteria Precluding Entering Into
a Contract
The Lottery will not enter into a retailer contract
when an applicant:
(1) Age: Is under 18 years of age.
(2) Exclusivity: Will be engaged exclusively in
the business of selling Lottery tickets or shares.
(3) Lottery Employee: Is an employee of the
Lottery.
(4) Supplier/Manufacturer: Is or will be owned
or controlled by any entity or any subsidiary or parent corporation thereof,
that is a supplier of instant tickets or a manufacturer of computer equipment
used to determine winners in Lottery games.
(5) Unauthorized Entity: Is a corporation or
other form of business that is not incorporated in Oregon or authorized to do
business in Oregon.
(6) Smoking: Operates a business where selling
Lottery tickets or shares would expose Oregon State Lottery employees,
representatives, or agents, or Lottery equipment, terminals, tickets, or shares
to a smoking environment, as defined in OAR 177-045-0000.
Stat. Auth.: OR Const. Art. XV,
Sec. 4(4)
Stats. Implemented: ORS 461
Hist.: SLC 3-1985(Temp), f. &
ef. 1-15-85; SLC 8-1985, f. & ef. 6-21-85; LC 4-1990, f. & cert. ef.
4-3-90; LOTT 2-1998, f. & cert. ef. 5-28-98; LOTT 6-2000, f. 7-26-00, cert.
ef. 8-1-00; LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT
22-2002, f. & cert.. ef. 11-25-02; LOTT 12-2008, f. 12-23-08, cert. ef.
1-1-09; LOTT 2-2011, f. 4-29-11, cert. ef. 5-1-11
177-045-0000
Definitions
For purposes of OAR chapter 177, division 45, the
following definitions apply except as otherwise specifically provided in OAR
chapter 177 or unless the context requires otherwise:
(1) “Equipment” means all equipment placed by
the Lottery or a Lottery vendor on a retailer’s premises including, but not
limited to, Video LotterySM game terminals and all equipment necessary for their operation,
player-operated vending machines, validation terminals, Lottery sales
terminals, display equipment, and interior and exterior signage.
(2) “Player-operated vending machine” means an
electrical, electronic, or electro-mechanical device that dispenses Scratch-itSM or other Oregon Lottery® tickets
directly to a consumer upon payment of the appropriate purchase price.
(3) “Occurrence” means an accident, incident, or
a series of accidents or incidents arising out of a single event or originating
cause and includes all resultant or concomitant losses. Each loss by
earthquake, flood, freeze, or windstorm will constitute a single occurrence. If
more than one earthquake or flood occurs within any 72-hour period, the State
of Oregon will determine the moment when the time period began.
(4) “Premises” has that definition as used in
OAR 177-040-0000(6).
(5) “Secondhand smoke” means the smoke created
by burning or carrying any lighted pipe, cigar, hookah, narghile, sheesha,
goza, cigarette, or tobacco product of any kind, or any other weed, plant, or
combustible substance, and the smoke exhaled by an individual who engages in smoking.
(6) “Smoking environment” means that portion of
a retailer’s business where smoking of tobacco, any controlled substance as
defined in ORS 475.005, including marijuana for medical purposes, or any other
substance which is burned and is intended to be introduced into the human body
by inhalation, occurs, or secondhand smoke is or may be present.
Stat. Auth.: ORS 461 & OR
Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.200
Hist.: LOTT 16-2001(Temp), f.
& cert. ef. 12-3-01 thru 5-24-02; LOTT 5-2002, f. & cert. ef. 3-25-02;
LOTT 1-2004(Temp), f. & cert. ef. 1-5-04 thru 6-25-04; LOTT 9-2004, f.
& cert. ef. 5-26-04; LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09; LOTT
6-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 2-2011, f. 4-29-11, cert. ef.
5-1-11
177-045-0010
Equipment Management Generally
(1) General Equipment Management: The Director
of the Lottery shall manage Lottery equipment pursuant to ORS 461.200. The
Director may place or remove Lottery equipment on a retailer’s premises when in
the judgment of the Director it is in the best interests of the Lottery. The
Lottery may discontinue or remove existing equipment, or may implement new or
replacement equipment at any time and for any reason the Director determines is
in the best interests of the Lottery.
(2) Retailer’s Sales: A retailer’s sales, or in
the case of an applicant, estimated sales, of Lottery tickets and shares are
the prime factor considered by the Director in managing Lottery equipment.
(3) Equipment Inspection: The Lottery may
access, inspect, furnish, repair, place, replace, upgrade, modify, add, or
remove Lottery equipment at a retailer’s premises at any time during regular
business hours.
(4) Obsolete and Defective Equipment: The
Lottery may replace obsolete or defective equipment with new, used, or
refurbished replacement equipment.
(5) Test Equipment: With the consent of the
retailer, the Lottery may deploy equipment on the retailer’s premises to test
the equipment. The Director or the Director’s designee shall determine how long
the equipment will remain and the conditions of the test.
(6) Other Laws: This rule does not preclude the
Lottery from removing any or all of its equipment pursuant to any other
applicable law, rule, or contract provision.
(7) Smoking Prohibition: The Lottery will not
place its equipment, terminals, tickets, or shares, in any smoking environment.
The Lottery does not permit its employees, representatives, or agents to enter
into, or to place Lottery equipment, terminals, tickets, or shares, or
advertising in any smoking environment.
Stat. Auth.: ORS 461 & OR
Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.200
Hist.: LOTT 16-2001(Temp), f.
& cert. ef. 12-3-01 thru 5-24-02; LOTT 5-2002, f. & cert. ef. 3-25-02;
LOTT 1-2004(Temp), f. & cert. ef. 1-5-04 thru 6-25-04; LOTT 9-2004, f.
& cert. ef. 5-26-04; LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09; LOTT
2-2011, f. 4-29-11, cert. ef. 5-1-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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