
Attention NYC Vape Shops and E-Cigarette Retailers:
Deadline to Apply for New Mandatory License
April 25, 2018 is the Deadline to Apply for New Mandatory License
With the rise of local ordinances impacting the ability to market and sell e-cigarettes and vape products,
New York City (NYC) is the latest city to have quietly ushered in two new requirements vape shops and
retailers of tobacco products must comply with, and have given just a short time frame to do so.
REQUIREMENT #1:
Mandatory License for NYC E-Cigarette Retailers
NYC is giving a 4-month window
for retailers of e-cigarettes
to apply for the now mandatory
license from its Department of
Consumer Affairs (DCA). The
city’s definition of an e-cigarette
includes any refill, cartridge, and any other component
of an electronic cigarette. NYC therefore considers sales of
e-liquid and accessories to be included in its definition for
“electronic cigarette sales.”
Known as the “Electronic Cigarette Retail Dealer” license,
the application was released with little to no fanfare from the
DCA itself only in January 2018, and applications will be accepted
only through April 25, 2018. The DCA has dubbed
this as the “Initial Application Period” as the ability to obtain
one after will be restricted due to the city’s intention to cap
the number of licenses it issues by geographic districts.
Specifically targeting e-cigarette retailers, that is, both vape
shop owners as well as other retail establishments which sell
electronic cigarettes, all such retailers must apply and provide
information regarding their business and its owners together
with the application. Significantly, in order to obtain an Electronic
Cigarette Retail Dealer license, you must certify that
you were selling electronic cigarettes on or before August 28,
2017 and may be asked to submit proof of sales as of this date.
Other pertinent details include:
License Term: 2 years
License Fee: $200
Mandatory Date to Have a License: August 23, 2018
NYC is doing this both to keep track of the entities selling these
products in addition to creating a system to limit the number of
those selling the products within a given community district.
Following the closing date of the Initial Application Period,
from April 26th to August 22nd, DCA will process the applications
it has received.
While acceptance of the application is not guaranteed, the consequences
of failing to obtain a license are serious since all stores
that sell electronic cigarettes in NYC must have one after August
23, 2018 and without it, the city prohibits the sale of such merchandise
as such activity is considered illegal.
REQUIREMENT #2:
Registration for E-Cig Use in a Vape Shop
The second requirement is for the registration of a “Retail Electronic
Cigarette Store” with the NYC Department of Health
and Mental Hygiene pursuant to the New York Smoke-Free
Air Act. With this registration, the use of electronic cigarettes
is permitted in a retail electronic cigarette store. Without it,
smoking inside a vape shop would be considered illegal.
A Retail Electronic Cigarette Store is defined under New York
law as a retail store devoted primarily to the sale of electronic
cigarettes, and in which the sale of other products is merely incidental,
i.e., where such sales generate less than 25% of the shop’s
total annual gross sales. It should be noted that this requirement
is also mandatory for any NYC based “retail tobacco store.”
More information about each of these may be found at the
NYC Dept. of Consumer Affairs website and the NYC Department
of Health and Mental Hygiene, both of which may
be accessed through www.nyc.gov.