OAR 333-015-0061
Oregon Indoor Clean Air Act: Transfer of Ownership or Location

(1) A smoke shop B or smoke shop C may apply to transfer ownership. Smoking is not permitted on the premises of a smoke shop operating under different ownership until the Authority issues an updated certification to the new owner in accordance with this rule.
(2) To apply to transfer to a new owner, the smoke shop B or smoke shop C must submit the following documentation to the Authority:
(a) A completed application for transfer of ownership on a form provided by the Authority (available online or by calling the Tobacco Prevention and Education Program) identifying the new proposed owner of the smoke shop;
(b) Registration with the Oregon Secretary of State, Corporation Division where applicable; and
(c) A notarized, sworn statement attesting that the business will continue to meet the certification renewal requirements described in OAR 333-015-0059 (Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification) under the new ownership.
(3) The Authority shall recognize a transfer of ownership of a smoke shop B or smoke shop C and issue an updated certification if the applicant complies with section (2).
(4) The Authority may deny a transfer of ownership of a smoke shop B or smoke shop C if:
(a) The applicant fails to satisfy section (2) of this rule;
(b) The proposed owner has a history of noncompliance with the Act or these rules; or
(c) The applicant provides information that is false or deliberately misleading.
(4) Within 120 days of the Authority issuing an updated certification under section (3) of this rule, the new owner must submit to the Authority updated financial documentation required in OAR 333-015-0058 (Oregon Indoor Clean Air Act: Smoke Shop Ongoing Requirements for Certification) for the first 90 days of operation under the updated certification, including but not limited to a sales report demonstrating that at least 75 percent of the smoke shop’s gross revenue during the first 90 days of operation was derived from the sale of tobacco products or smoking instruments.
(5) A smoke shop B or smoke shop C may apply to transfer location. Smoking is not permitted on the premises of a smoke shop operating at a new location until the Authority issues an updated certification recognizing the new location in accordance with this rule.
(a) To apply to transfer location, the smoke shop must submit the following documentation to the Authority:
(A) A completed application for transfer of location on a form provided by the Authority (available online or by calling the Tobacco Prevention and Education Program);
(B)(i) A copy of the deed or rental lease for the new location, indicating that the business does not occupy more than 3,500 square feet; or
(ii) If the new location occupies more than 3,500 square feet, documentation demonstrating that the location where the shop was originally certified occupied more than 3,500 square feet and the square footage of the new location is no more than 110 percent of the square footage of the original certification location;
(C) A notarized, sworn statement attesting that:
(i) The smoke shop will cease to operate in the old location; and
(ii) The smoke shop, as operated in the new location meets the certification renewal requirements described in OAR 333-015-0059 (Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification) as applicable;
(b) The Authority shall recognize a transfer of location of a smoke shop B or smoke shop C and issue an updated certification if:
(A) The smoke shop submits all of the documentation required by subsection (5)(a) of this rule to the Authority;
(B)(i) The new location does not occupy more than 3,500 square feet; or
(ii) The new location is no more than 110 percent of the square footage of the original smoke shop location if the new location occupies more than 3,500 square feet;
(C) The smoke shop ceases to operate in the original location; and
(D) The smoke shop, as operated in the new location meets the certification renewal requirements described in OAR 333-015-0059 (Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification) as applicable.
(6) The Authority may deny a transfer of location of a smoke shop B or smoke shop C if the applicant:
(a) Fails to satisfy section (5) of this rule; or
(b) Provides information that is false or deliberately misleading.
(7) A smoke shop A may not apply to transfer and must submit a new application under OAR 333-015-0056 (Oregon Indoor Clean Air Act: Smoke Shop Application for Certification) to operate a new location or under new ownership.

Source: Rule 333-015-0061 — Oregon Indoor Clean Air Act: Transfer of Ownership or Location, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-015-0061.

333‑015‑0025
Oregon Indoor Clean Air Act: Authority and Purpose 333‑015‑0030
Oregon Indoor Clean Air Act: Definitions 333‑015‑0035
Oregon Indoor Clean Air Act: General Provision 333‑015‑0040
Oregon Indoor Clean Air Act: Signs 333‑015‑0045
Oregon Indoor Clean Air Act: Ashtrays 333‑015‑0056
Oregon Indoor Clean Air Act: Smoke Shop Application for Certification 333‑015‑0057
Oregon Indoor Clean Air Act: Smoke Shop Application Review 333‑015‑0058
Oregon Indoor Clean Air Act: Smoke Shop Ongoing Requirements for Certification 333‑015‑0059
Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification 333‑015‑0061
Oregon Indoor Clean Air Act: Transfer of Ownership or Location 333‑015‑0062
Oregon Indoor Clean Air Act: Vehicles 333‑015‑0064
Oregon Indoor Clean Air Act: Outdoor Smoking Areas 333‑015‑0066
Oregon Indoor Clean Air Act: Cigar Bars 333‑015‑0070
Oregon Indoor Clean Air Act: Oregon Health Authority Responsibilities 333‑015‑0075
Oregon Indoor Clean Air Act: Complaint Response 333‑015‑0078
Oregon Indoor Clean Air Act: Violations 333‑015‑0080
Oregon Indoor Clean Air Act: Public Places which Oregon Health Authority, Public Health Authority Regularly Inspects 333‑015‑0082
Oregon Indoor Clean Air Act: Public Places Regulated by Other State Agencies or Local Governments 333‑015‑0085
Oregon Indoor Clean Air Act: Penalties 333‑015‑0090
Effective Date 333‑015‑0100
Oregon Menu Labeling Act: Authority and Purpose 333‑015‑0105
Oregon Menu Labeling Act: Definitions 333‑015‑0110
Oregon Menu Labeling Act: General Provisions 333‑015‑0115
Oregon Menu Labeling Act: Written Formats for Nutrition Information 333‑015‑0120
Oregon Menu Labeling Act: Nutrition Labeling of Variable Menu Items 333‑015‑0125
Oregon Menu Labeling Act: Nutrition Labeling of Combination Meal Menu Items 333‑015‑0130
Oregon Menu Labeling Act: Nutrition Information for Shared Menu Items or Shared Combination Meal Menu Items 333‑015‑0135
Oregon Menu Labeling Act: Acceptable Methods for Determining Typical Nutrient Values for Required Nutrition Information 333‑015‑0140
Oregon Menu Labeling Act: Verifiable and Accurate Information 333‑015‑0145
Oregon Menu Labeling Act: Nutrition Information for Self-Service Items 333‑015‑0150
Oregon Menu Labeling Act: Trans Fat 333‑015‑0155
Oregon Menu Labeling Act: Rounding Rules 333‑015‑0160
Oregon Menu Labeling Act: Alcoholic Beverages 333‑015‑0165
Oregon Menu Labeling Act: Disclaimers and Additional Nutrition Information 333‑015‑0200
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Definitions 333‑015‑0205
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Notice Posting Requirement 333‑015‑0210
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Location of Tobacco Products Within a Retail Store 333‑015‑0215
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Enforcement 333‑015‑0220
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Biennial Report 333‑015‑0300
Packaging and Labeling: Purpose, Scope and Effective Date 333‑015‑0305
Packaging and Labeling: Definitions 333‑015‑0310
Labeling Requirements for Liquid Nicotine Containers 333‑015‑0320
Labeling Requirements for Prefilled Inhalant Delivery Systems 333‑015‑0325
Labeling Requirements for Fillable Inhalant Delivery Systems 333‑015‑0340
Packaging Requirements for Liquid Nicotine Containers 333‑015‑0345
Packaging Requirements for Non-nicotine Liquid Containers 333‑015‑0350
Packaging Requirements for Prefilled Inhalant Delivery Systems 333‑015‑0355
Packaging Requirements for Fillable Inhalant Delivery Systems 333‑015‑0357
Packaging Attractive to Minors 333‑015‑0360
Verification of Packaging that is Child-Resistant 333‑015‑0365
Enforcement: Inspections 333‑015‑0370
Enforcement: Violations 333‑015‑0375
Civil Penalties
Last Updated

Jun. 8, 2021

Rule 333-015-0061’s source at or​.us