Or. Admin. Code § 177-045-0000

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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) "Concentration of Video Lottery retailers" means:

(a) More than three Video Lottery retailers in a strip mall that has seven or fewer retail spaces or storefronts;

(b) More than four Video Lottery retailers in a strip mall that has eight to nine retail spaces or storefronts;

(c) More than five Video Lottery retailers in a strip mall that has ten to eleven retail spaces or storefronts; or

(d) More than six Video Lottery retailers in a strip mall that has twelve or more retail spaces or storefronts.

(2) "Convenience store" means a retail business which offers a relatively limited line of high-volume products, and the majority of the products are for consumption off the premises.

(3) "Equipment" means all equipment placed by the Lottery or a Lottery vendor on a retailer's premises including, but not limited to, Video Lottery 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.

(4) "Grocery store" means a retail business at which food and foodstuffs are regularly and customarily sold in a bona fide manner for consumption off the premises, and shall include supermarkets and one-stop shopping centers which contain a grocery section in addition to offering other wares, goods, and services.

(5) "Movie theater" means a business or premises where movies or motion pictures are shown for patrons, whether in a traditional stadium seating style or otherwise. Movie theater does not include other areas of the same business or premises that are physically separated by a floor to ceiling wall, partition, curtain, or other means, from the movie theater area, and where food and alcoholic beverages are sold and served for consumption on the premises.

(6) "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.

(7) "Player-operated vending machine" means an electrical, electronic, or electro-mechanical device that dispenses Scratch-it or other Oregon Lottery tickets directly to a consumer upon payment of the appropriate purchase price.

(8) "Premises" has that definition as used in OAR 177-040-0000(6).

(9)

(a) "Restricted visibility" means Video Lottery game terminals cannot be seen from areas outside the business or from areas inside the business where minors are permitted to linger, except in an incidental or negligible way. Under certain circumstances, Oregon Liquor and Cannabis Commission rules may permit minors in the same area as a properly placed Video Lottery game terminal. This rule is not intended to override any OLCC exception.

(b) "Incidental or negligible way" includes, but is not limited to:

(A) The Video Lottery game terminals may be glimpsed through an open doorway by passersby, except that minors may not be permitted to linger in the open doorway;

(B) The Video Lottery game terminals may be seen by persons intentionally looking closely through a sight restricted window, door, curtain or other object intended to restrict visibility; or

(C) The Video Lottery game terminals may be seen by persons passing by the Video Lottery play area to get to restrooms, except that minors may not be permitted to linger in an area from which the Video Lottery game terminals can be seen.

(10) "Same or commingled ownership" means two or more businesses offering Video Lottery that are:

(a) Owned or operated by the same person;

(b) Owned or operated by different persons, and at least one of those persons has a financial interest in, will either directly or indirectly benefit financially from, or has or will have the ability to exercise control over two or more of the businesses; or

(c) Owned or operated by a person who has an association with the owners or operators of one or more businesses, such as, but not limited to, a landlord, an immediate family member, or current or former business associate, and the association is such that the Director determines there is a reasonable probability that the person has a financial interest in, will either directly or indirectly benefit financially from, or has or will have the ability to exercise control of one or more of the other business(es) sufficient to constitute ownership for purposes of this rule.

(11) "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.

(12) "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.

(13) "Strip mall" means an open area retail shopping complex consisting of stores, restaurants or other businesses in adjacent spaces or storefronts in one or more buildings that may have a sidewalk in front, with each space or storefront opening onto a common parking area. A strip mall may generally be identified by its location along a road or arterial with access by way of a common driveway(s) and the uniform architectural characteristics of the building or buildings, such as design, paint and trim colors, and direct access to each business from the common parking area. A strip mall may also be identified by a name, by a common landlord, or by a description or site plan as part of a lease agreement. For purposes of this definition, "strip mall" does not include a nearby freestanding building that only contains one business, even if the building shares a common parking lot.

Or. Admin. Code § 177-045-0000

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; LOTT 6-2012, f. 10-26-12, cert. ef. 11-4-12; LOTT 9-2018, amend filed 10/01/2018, effective 10/17/2018; LOTT 13-2021, minor correction filed 08/02/2021, effective 8/2/2021

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)

Statutes/Other Implemented: ORS 461.200