Electronic Cigarette Retail Dealer License

You need a license to sell electronic cigarettes. The New York City Department of Consumer and Worker Protection (DCWP) gives this license.

An electronic cigarette is a device with a battery. It heats liquid, gel, herb or other substances to make vapor for inhaling, even if it has no nicotine. Any part of the device, such as a cartridge or refill, is also an electronic cigarette.

Do not apply if your business has a pharmacy.
NYC law does not allow pharmacies or businesses that contain pharmacies to get this license.

Important: community district caps

These caps started on April 26, 2018. To see the current caps, go to NYC Open Data at opendata.cityofnewyork.us and search for "electronic cigarette dealer."

You can apply only if:

• Licenses are available in your community district.

• A business with this license is sold, someone buys 10% or more of the shares or there is a change in partnership. You can apply for a new license at the same place if there is a current, active license in "good standing" at the address AND you apply within 30 days of the sale or change.*

• Your business is in certain airports or parks that do not have caps.*

• You have an active license at your newsstand and want to keep both licenses under the same business name.

• You have a newsstand license that was transferred after the death or disability of the prior license holder and you want to keep the location's license in your name. The existing license must be in good standing.

*If you meet one of these exceptions, you must submit the Electronic Cigarette Retail Dealer Cap Exception Certification and supporting documents.

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

• Business certificate: You need the right Business Certificate for your business type.
  
  You do not need to submit this document with your application, but DCWP may ask for it.

  • Sole proprietors using a name other than your own must have a Business/Assumed Name Certificate.
  • Partnerships must have a Partnership Certificate and, if needed, an Assumed Name Certificate.
  • Corporations, limited partnerships, limited liability companies or limited liability partnerships must register and stay active with the New York State Division of Corporations. Check your status at www.dos.ny.gov/corps.

• Basic license application: You must complete the Basic License Application. This application needs:

  • Business information, including identification numbers (EIN, SSN or ITIN)

  • Contact information for the business location and owner

  • History of criminal and/or civil charges for business owners, partners, shareholders and officers

  • Any DCWP license history for individuals named on the application and their relatives

• Electronic cigarette retail dealer cap exception certification: Complete the Electronic Cigarette Retail Dealer Cap Exception Certification, if needed.
  
  Note: If you submitted a lottery application and DCWP invited you to apply for a license, you do not need to submit this certification and supporting documents.

• Sales tax identification number: Provide your sales tax identification number OR application confirmation number.
  
  To apply for a Certificate of Authority to collect sales tax, visit www.businessexpress.ny.gov.

• Vapor Products Dealer Certificate of Registration: Provide your New York State Department of Taxation and Finance Vapor Products Dealer Certificate of Registration.
  
  For more information, visit tax.ny.gov/bus/vpt.

• Proof of business address: Provide proof of your 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)
  • Current lease or deed
  • Current rent or mortgage bill
  • 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: Provide proof of home address for each individual listed on the license application.
  
  Submit a copy of ONE of the following documents in the individual's name:

  • Utility bill, dated within the last 90 days (for example, telephone, gas, electric, cable or water)

  • Correspondence from any government agency

  • Current lease or deed

  • Current rent or mortgage bill

  • 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
    • A letter signed by the homeowner or leaseholder stating that the individual lives at the address

• Granting authority to act affirmation: If someone else will prepare and file the application for you, complete the Granting Authority to Act Affirmation.
  
  Note: The applicant must sign the license application and all related forms.

• License fee: Pay the license fee based on the date you file your application. Here is a table to help you understand the fees and license expiration dates.

Accepted payment methods:

• Pay by check or money order payable to DCWP
• Pay by credit card (Visa, Mastercard, American Express and Discover). You will be charged a nonrefundable 2 percent convenience fee.

• Notification by mail: You will get a letter within two weeks after the Department of Consumer and Worker Protection (DCWP) gets all your papers.

  • If your application is approved, DCWP will send you a license.
  • If your application is denied, DCWP will tell you why.

• If any information in your approved application changes: You must tell the Department of Consumer and Worker Protection (DCWP). You can do this by:

  • Calling 311
  • Visiting the DCWP Licensing Center

• It is a good idea to call 311 to check if you need to visit a center for any specific change. You can only visit the Licensing Center if you have a disability and need to make an in-person visit. You can read this flyer to learn how to make an appointment.

  Compliance: Follow all New York City laws and rules. This includes the Consumer Protection Law and Rules. You can find them on the Public Access Portal.

• Review requirements: Review the requirements for the license and gather all materials before clicking the Apply online button. You will be redirected to a new web page where you will need a registered account with the City of New York to submit an online application.

• Print confirmation page: After submitting an application online, print a copy of the confirmation page. This page lists the additional steps and materials needed to complete the application. These materials are also listed above and must be submitted within five business days of filing the application online if they were not uploaded as part of the online application submission.

• Complete forms: Complete the required application forms and gather all necessary documentation identified in the section above.

• Schedule appointment: You can only visit the Licensing Center if you have a disability and need to make an in-person visit. You can read this flyer to learn how to make an appointment.

Reminder: If you are applying for a license because you meet one of the exceptions to the cap, DCWP must receive your complete application within 30 days of the qualifying event.

• Before your license expires: DCWP will mail you a license renewal application and instructions.
• If you plan to keep operating: You must send your renewal application at least 15 days before your license expires.

• Before your license expires: DCWP will mail you a license renewal application and instructions.

• If you plan to keep operating: You must send your renewal application, required documents and fees at least 15 days before your license expires.

• You must make an appointment: You can only visit the Licensing Center if you have a disability and need to make an in-person visit. You can read this flyer to learn how to make an appointment.

• Before your license expires: DCWP will mail you a license renewal application and instructions.
• If you plan to keep operating: You must send your renewal application, required documents and fees at least 15 days before your license expires.
• Mail these materials: You can mail these materials using the orange return envelope to the DCWP Licensing Center.
  
  NYC Department of Consumer and Worker Protection (DCWP)
  Licensing Center
  42 Broadway
  New York, NY 10004
  Email: tobaccounit@dcwp.nyc.gov