Electronic Cigarette Retail Dealer

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.*

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

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 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.

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. DCWP can only consider complete applications for license issuance.

Basic License Application
Electronic Cigarette Retail Dealer Cap Exception Certification and Supporting Documentation (if applicable)
Sales Tax Identification Number OR Application Confirmation Number
Vapor Products Dealer Certificate of Registration with New York State Department of Taxation and Finance
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 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 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. You can check your status at dos.ny.gov/corps.

Requirements

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

Basic License Application.
Download the Basic License Application.

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

Note: If you submitted a lottery application and DCWP sent you a letter inviting you to apply for a license in your community district, you do not need to submit the Electronic Cigarette Retail Dealer Cap Exception Certification and Supporting Documentation.

Sales Tax Identification Number OR Application Confirmation Number.
To apply for a Certificate of Authority in order to collect sales tax, visit businessexpress.ny.gov.

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 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
- 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, if applicable.
Download the Affirmation.
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 DCWP.
Credit card (Visa, MasterCard, American Express, Discover Card only). You will be charged a nonrefundable Convenience Fee.

Application Filing Process

File Online

Review requirements and gather all materials.
Click the Apply Online button below to login or create an account to start your online license application.

Important: If you need to file another license application, return to the Apply for a DCWP License page to read requirements and proceed to the next online application.

File In Person
Schedule an appointment to file in person at the DCWP Licensing Center or NYC Small Business Support Center

DCWP LICENSING CENTER
42 Broadway, Lobby
New York, NY 10004
By Appointment Only Hours:
Monday-Thursday: 8 a.m. – 4 p.m.
Last appointment: 3:30 p.m.

NYC SMALL BUSINESS SUPPORT CENTER
90-27 Sutphin Blvd, 4th Floor
Jamaica, NY 11435
By Appointment Only Hours:
Monday-Thursday: 8 a.m. – 4 p.m.
Last appointment: 3:30 p.m.

By Email: LicensingAppointments@dcwp.nyc.gov
By Phone*: Call (212) 436-0441. (Monday - Friday, 8 a.m. - 4 p.m.)

*This number is to schedule an appointment for in-person service only. For general questions, email onlineappsdocs@dcwp.nyc.gov.

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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