(a) Violates ORS 431A.190 to 431A.216, a rule adopted under ORS 431A.190 to 431A.216 or any other state law or rule or federal law or regulation that governs the retail sale of tobacco products or inhalant delivery systems or state taxation;
(b) Violates an ordinance enacted by the governing body of a local public health authority or a rule adopted by a local public health authority that governs the retail sale of tobacco products or inhalant delivery systems; or
(c) Makes a false statement to the department.
(2) The department may only revoke, suspend or refuse to issue or renew a license pursuant to subsection (1)(b) of this section if a local public health authority:
(a) Has provided the person that holds or seeks the license, the individual who participates in the management of the premises for which the license has been or would be issued or the individual who is employed for the purpose of making retail sales at the premises with a process for contesting the violation that is substantially similar to the process provided under ORS 183.413 to 183.470; and
(b) Provides the department with a final order establishing that the person or individual is in violation of an ordinance that is substantially similar to the requirements for a final order under ORS 183.470.
(3) Except as provided by state tax law or as otherwise identified by the department by rule or order, a decision by the department to revoke, suspend or refuse to issue or renew a license under this section may be appealed as a contested case under ORS chapter 183.
(4) The department shall adopt rules to provide that, subject to subsection (2) of this section, a license issued under ORS 431A.198 must be suspended for an amount of time established by the department by rule if a person described in subsection (1) of this section is found to have committed an act described in subsection (1)(a) to (c) of this section three or more times. [2021 c.586 §7]