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Benton County, OR Business Licensing & Operations: Tobacco Retail License (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License required
Per location, retail tobacco/vape sales
Renewal deadline
Annually by June 30
School buffer
No license within 1,000 feet of a school
Competitor buffer
No license within 1,000 feet of another retailer
Unlicensed-sale fine
$1,000 per day (§ 17.060(3))
Enforcing agency
Benton County Health Department Director

Summary

Every retailer selling tobacco or vape products in unincorporated Benton County must hold a county license for each sales location, renewed annually by June 30, and no license may issue within 1,000 feet of a school. Selling without one under BCC § 17.015 draws a $1,000-per-day fine under § 17.060(3).

These county ordinances apply to unincorporated areas of Benton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(1)It shall be a violation of BCC Chapter 17 for a retailer to sell any tobacco products unless that retailer holds and maintains a valid license from the County for each location in which tobacco products are sold. All such licenses shall be renewed annually on or before June 30. ... (4)No license may be issued to authorize tobacco retailing at any location within 1,000 feet of a school, as measured by the shortest distance traveled from any entrance of the proposed location for tobacco retailing to the parcel boundary of the school, provided, however, that the prohibition contained in this subsection (4) shall not apply to any tobacco retailer operating lawfully on the date immediately prior to this ordinance becoming effective. ... (3)Any retailer violating Section 17.015 shall be subject to a fine of $1,000 per day for each violation.

Full Breakdown

015 makes it a violation for a retailer to sell any tobacco product, a term Chapter 17 defines broadly to include electronic smoking devices such as e-cigarettes and vape pens, without holding a valid county license for each location where sales occur; licenses must be renewed every year by June 30. The section bars issuing a license for a non-fixed location such as a kiosk or vehicle, or for a temporary event like a farmer's market or fair. No license may issue within 1,000 feet of a school, measured from the retail entrance to the school's parcel boundary, or within 1,000 feet of another existing tobacco retailer, though both distance rules exempt retailers already operating lawfully before the ordinance took effect.

025. 060, can levy escalating civil penalties for other violations: $1,000 for a first offense, $2,000 plus a 45-day suspension for a second within 60 months, $3,500 plus revocation for a third, and $5,000 plus revocation for a fourth or later violation. 060(3), separate from that escalating schedule. 070.

Violations & Fines

Selling tobacco products, including vape and e-cigarette products, at a Benton County location without a valid county license is a violation of § 17.015, punishable by a fine of $1,000 per day under § 17.060(3); other Chapter 17 violations carry civil penalties starting at $1,000 for a first offense and rising to $5,000 with license revocation for repeat violations within 60 months.

Frequently Asked Questions

Do vape shops need a license in Benton County?
Yes. BCC § 17.005 defines 'tobacco product' to include electronic smoking devices such as e-cigarettes and vape pens, so any retailer selling those items in unincorporated Benton County must hold a county tobacco retail license under § 17.015 for each location.
How close to a school can a tobacco retailer be in Benton County?
No license may be issued for a location within 1,000 feet of a school, measured from the retail entrance to the school's parcel boundary, under § 17.015(4). Retailers already operating lawfully before the ordinance took effect are exempt from that buffer.
What happens if I sell tobacco without a county license?
Selling tobacco products without a valid Benton County license violates § 17.015 and triggers a fine of $1,000 per day for each violation under § 17.060(3), on top of any other enforcement the Health Department Director pursues.
Can a Benton County tobacco license be suspended?
Yes. Under § 17.060, a second violation within 60 months brings a $2,000 fine and 45-day suspension, a third brings a $3,500 fine and revocation, and the licensee can appeal by requesting a hearing in writing within 10 days under § 17.070.

Sources & Official References

Other rules in Benton County

All Benton County rules

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