Electronic Cigarette Retail Dealer

Electronic Cigarette Retail Dealer License Application Checklist

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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***
Effective August 23, 2018, it will be illegal to sell electronic cigarettes in NYC without an Electronic Cigarette Retail Dealer license.

Eligibility: To obtain an Electronic Cigarette Retail Dealer license, you must certify that you were selling electronic cigarettes as of August 28, 2017.

Initial Application Period (January 25 - April 25, 2018): DCA will begin accepting applications on January 25, 2018. DCA will stop accepting applications on April 25, 2018.

Community District Caps:

April 26 - August 22, 2018:
  • DCA will process applications received during the Initial Application Period.
  • DCA will set caps (limits) on the number of Electronic Cigarette Retail Dealer licenses by community district. The cap will be 50% of the number of licenses issued for Electronic Cigarette Retail Dealers in each community district during the Initial Application Period.

August 23, 2018: DCA will accept new applications only if the number of licenses in the applicant’s community district is under the cap.


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 a liquid, gel, herb, or other substance, 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. Refer to the Licensing Law/Rules Handout.

Quick List of Requirements to Apply for an Electronic Cigarette Retail Dealer License

See Requirements section for detailed descriptions. Make sure you provide all requirements; otherwise, your application is incomplete. DCA can only consider complete applications for license issuance.

Basic License Application
Electronic Cigarette Self-Certification (to be completed by Owner)
Sales Tax Identification Number OR Application Confirmation Number
Proof of Business Address
Proof of Home Address
Granting Authority to Act Affirmation (if applicable)
License Fee

Submitting your application does not mean your license is automatically approved.

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

You must have a Tobacco Retail Dealer license to sell cigarettes and other tobacco products, such as cigars, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, shisha, or dissolvable tobacco products.

Important Message about Business Certificate

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

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

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 must register and remain active with the New York State Division of Corporations. DCA will verify active status prior to license issuance. You can check your status at www.dos.ny.gov/corps.

Requirements

DCA will deny your application if you do not submit these required documents and information:

  • Basic License Application.
    Online submission: After reviewing the application requirements, please click the Apply Online link at the bottom of the Web page to submit your application.
    In-person submission: Download the Basic License Application.
  • Electronic Cigarette Self-Certification (download).
    The owner (e.g., sole proprietor, general partner, director, corporate officer, or shareholder owning 10% or more of company stock) must complete the Self-Certification.
  • Sales Tax Identification Number OR Application Confirmation Number.
    To apply for a Certificate of Authority in order to collect sales tax, visit www.businessexpress.ny.gov.
  • 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
    • Current (active) license or permit issued by New York State or another New York City government agency that shows your business address
  • 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 OR
    • Current lease or deed OR
    • Current rent or mortgage bill OR
    • Driver's license
    • Municipal ID card

    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 (download).
    Required if someone other than the license applicant will prepare and submit this application. Note: The applicant must sign the license application and all related forms.
  • 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: You Will Pay: Your License Will Expire:
From December 1 to December 31 in an odd year $200 November 30 of Odd Years
(next odd year)
From January 1 to May 31 in an even year $200 November 30 of Odd Years
From June 1 to November 30 in an even year $150 November 30 of Odd Years
From December 1 to December 31 in an even year $200 November 30 of Even Years
(next even year)
From January 1 to May 31 in an odd year $200 November 30 of Even Years
From June 1 to November 30 in an odd year $150 November 30 of Even Years

Pay by:
  • Check or money order payable to DCA. (In person)
  • Credit card (Visa, MasterCard, American Express, Discover Card only). You will be charged a nonrefundable 2.49% Convenience Fee. (In person or online)

Application Filing Process

IN PERSON

File in person at the DCA Licensing Center or NYC Small Business Support Center.
DEPARTMENT OF CONSUMER AFFAIRS (DCA) LICENSING CENTER
42 Broadway, Lobby
New York, NY 10004
Monday-Friday: 9:00 a.m.-5:00 p.m.
Wednesday: 8:30 a.m.-5:00 p.m.
NYC SMALL BUSINESS
SUPPORT CENTER

90-27 Sutphin Blvd, 4th Floor
Jamaica, NY 11435
Monday- Friday: 9:00 a.m.-5:00 p.m.

Free Interpretation Services are available on-site. To request a disability-related accommodation, please call DCA’s Americans with Disabilities Act (ADA) Coordinator at (212) 436-0155 or visit our Accommodations page.

ONLINE

  1. Review requirements for the license and gather all materials before clicking the button below to submit your application online using a laptop or desktop computer.
  2. If you haven’t registered an account with the City of New York, you will need to register an account before you can proceed to the online application.
  3. After you submit the online application, follow the instructions on the confirmation page. DCA cannot process incomplete applications.
  4. Important: If you need to file another license application, return to the DCA Business Toolbox to read requirements and proceed to the online application.
NOTE: Online Application Link will be active on January 25, 2018 when Initial Application Period begins.

Additional Resources for Electronic Cigarette Retail Dealers

  • Read the information sheet about the new Tobacco Laws and Licenses, including Tobacco Retail Dealer licenses.
  • For resources to help your business open, operate, and grow, visit nyc.gov/business.

Get Voter Information
Note: Whether you apply to register to vote or not, it will not affect the assistance DCA will provide to you.

Page updated 10/2017.