Electronic Cigarette Retail Dealer

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Electronic Cigarette Retail Dealer License Application Checklist

IMPORTANT

DO NOT SUBMIT THIS APPLICATION IF YOUR BUSINESS IS OR CONTAINS A PHARMACY.
NYC law prohibits pharmacies and businesses that contain pharmacies from obtaining Electronic Cigarette Retail Dealer licenses.

***Important: Community District Caps***

Community district caps for Electronic Cigarette Retail Dealer licenses took effect April 26, 2018. For a list of community district caps and the number of active licenses in each community district, visit NYC Open Data at opendata.cityofnewyork.us and search “electronic cigarette dealer.”

You can submit this application only if:
  • Licenses are available in your community district.*
  • A business with an Electronic Cigarette Retail Dealer license is sold, someone acquires 10% or more of the shares of the corporation, or there is a change in partnership. You (the new business) may apply for a new license at the same location as long as there is a current, active license in “good standing” at the address AND you apply for a new license within 30 days of the sale or change.
  • Your business is located in certain airports or parks that are not subject to the community district caps.
  • You have an active Electronic Cigarette Retail Dealer license at your newsstand location and would like to hold both licenses under the same business name.
  • You hold a Newsstand license that was transferred following the death or disability of the prior license holder and would like to hold the location’s Electronic Cigarette Retail Dealer license in your name. The existing Electronic Cigarette Retail Dealer license must be in good standing.

*When licenses are available, DCWP will conduct a lottery. Monitor nyc.gov/dcwp for information, including the process to apply for a lottery.

If you meet one of these exceptions to the cap, you must submit the Electronic Cigarette Retail Dealer Cap Exception Certification and supporting documentation. Download the Electronic Cigarette Retail Dealer Cap Exception Certification form.

Note: DCWP will not issue a license to operate at any residential location.

Monitor nyc.gov/dcwp for updates about community district caps.

Who Must Have an Electronic Cigarette Retail Dealer License?

You must have an Electronic Cigarette Retail Dealer license to sell electronic cigarettes directly to consumers.

An electronic cigarette is a battery-operated device that delivers vapor for inhaling by heating liquid, gel, herb, or other substances, regardless of whether it contains nicotine. Any component part, such as a cartridge or refill, is considered to be an electronic cigarette.

This description is only a general explanation of who must have an Electronic Cigarette Retail Dealer license.

License Requirements

The Department of Consumer and Worker Protection (DCWP) will deny your application if you fail to provide the required documents and information:

Basic License Application

Download Basic License Application
Enter the electronic cigarette dealer company address as the “Address Where You Operate Your Business.”

Apply Online! Review requirements and click the link at the bottom of the page to submit your application.

Sales Tax identification Number OR Application Confirmation Number

To apply for a Certificate of Authority to collect sales tax, visit www.businessexpress.ny.gov.

Electronic Cigarette Retail Dealer Cap Exception Certification and Supporting Documentation, if applicable

The form lists required supporting documentation for relevant exceptions.
Download the Electronic Cigarette Retail Dealer Cap Exception Certification form.
You may email supporting documentation to onlineappsdocs@dcwp.nyc.gov.

Note:If you applied for a lottery and received an offer to apply, you do not need to submit this form.

New York State Department of Taxation and Finance Vapor Products Dealer Certificate of Registration

For more information about Vapor Products Dealer Certificate of Registration, visit www.tax.ny.gov/bus/vpt.

Proof of Business Address

Submit a copy of ONE of the following documents in the name of either the business or an individual listed on the license application:

  • Utility bill, dated within the last 90 days (e.g., telephone, gas, electric, cable, or water) OR
  • Current lease or deed OR
  • Current rent or mortgage bill OR
  • Insurance document or insurance bill that shows your business address OR
  • Correspondence from any government agency that shows your business address OR
  • Current (active) license or permit or certificate issued by a City/State/Federal government agency that shows your business address OR
  • Bank or credit card statement, dated within the last 90 days
    *Please redact account information.*

Proof of Home Address

Each individual listed on the license application must provide a copy of ONE of the following documents in the individual's name:

  • Utility bill, dated within the last 90 days (e.g., telephone, gas, electric, cable, or water) OR
  • Correspondence from any government agency that shows home address OR
  • Current lease or deed OR
  • Insurance document or insurance bill that shows home address OR
  • Current (active) license or permit or certificate issued by a City/State/Federal government agency that shows home address OR
  • College or school correspondence that shows home address OR
  • Current rent or mortgage bill OR
  • Driver's license OR
  • Municipal ID card OR
  • Bank or credit card statement, dated within the last 90 days
    *Please redact account information.*

For an individual who lives at another person’s address, provide:

  • ONE Proof of Home Address (see above) with the leaseholder’s or homeowner’s name AND
  • A letter signed by the homeowner or leaseholder stating that the individual lives at the address

Granting Authority to Act Affirmation

Required if someone other than the license applicant will prepare and submit this application. The applicant must sign the license application and all related forms. Download Granting Authority to Act Affirmation.

License Fee

License Period: 2 years

Expiration Date: November 30

License Fee: $200 for full 2 years

If You File Your Application Between These Dates:

  • From December 1 to December 31 in an odd year:
    • Pay $200 for a license expiring November 30 of the next odd year
  • From January 1 to May 31 in an even year:
    • Pay $200 for a license expiring November 30 of the next odd year.
  • From June 1 to November 30 in an even year:
    • Pay $150 for a license expiring November 30 of the next odd year.
  • From December 1 to December 31 in an even year:
    • Pay $200 for a license expiring November 30 of the next even year.
  • From January 1 to May 31 in an odd year:
    • Pay $200 for a license expiring November 30 of the next even year.
  • From June 1 to November 30 in an odd year:
    • Pay $150 for a license expiring November 30 of the next even year.

Pay by:

  • Credit card (Visa, MasterCard, American Express, Discover Card only) (Online or in person)
    You will be charged a nonrefundable 2% Convenience Fee.
  • eCheck (Online)
  • Check or money order payable to DCWP (In person or by mail)

Important Message about Business Certificate

You must have the applicable Business Certificate based on your business’s legal structure. Although DCWP does not require submission of your Business Certificate in order to process your application, DCWP may request this document under section 20-104 of the New York City Administrative Code.

Sole Proprietors

Sole proprietors operating under a name other than your own must have a Business/Assumed Name Certificate.

Partnerships

Partnerships must have a Partnership Certificate and, if applicable, an Assumed Name Certificate for your business.

Corporations, Limited Partnerships, Limited Liability Companies, or Limited Liability Partnerships

Corporations, Limited Partnerships, Limited Liability Companies, or Limited Liability Partnerships must register and remain active with the New York State Division of Corporations. You can check your status at www.dos.ny.gov/corps.

Additional City or State Permits/Licenses/Clearances You May Need

Tobacco Retail Dealer

You must have an Tobacco Retail Dealer license to sell electronic cigarettes in New York City. Electronic Cigarette Retail Dealer licenses are also subject to community district caps.

Submit Your License Application to DCWP

You can submit your license application online or in person at the DCWP Licensing Center.

  • ONLINE OPTION: After reviewing requirements above, click the Apply Online button below to login or create an account to start your online license application.

Apply Online Button. You will be redirected to a new page

Questions? We’re here to help!

Email: TobaccoUnit@dcwp.nyc.gov

Phone: (212) 436-0406. (Monday - Friday, 8 a.m. – 4 p.m.)

Free Interpretation Services are available on-site. To request a disability-related accommodation, visit our Accommodations page.

Additional Resources for Electronic Cigarette Retail Dealers

  • For the laws and rules that may affect your business, visit our Laws page.
  • Download Inspection Checklist: Electronic Cigarette Retail Dealers.
  • If your business received a violation for selling cigarettes, tobacco, electronic cigarettes, or other prohibited products to a person under 21, your business will receive:
    • 2 points on your New York State retail dealer’s record OR
    • 1 point on your New York State retail dealer’s record if the employee who made the illegal sale held a valid certificate of completion of a New York State Certified Tobacco Sales Training course.

      Please complete and submit this Tobacco Sales Training Program Affirmation Form, which will be reviewed by DCWP.
  • For resources to help your business open, operate, and grow, visit nyc.gov/business.

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Note: Whether you apply to register to vote or not, it will not affect the assistance DCWP will provide to you.