You must have an Electronic Cigarette Retail Dealer license to sell electronic cigarettes directly to consumers. The New York City Department of Consumer and Worker Protection (DCWP) issues this license.
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.
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 the current community district caps, 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.
Monitor nyc.gov/dcwp for updates about community district caps.
NYC Department of Consumer and Worker Protection (DCWP)
42 Broadway, Lobby
New York, NY 10004
For further assistance, please call 311 and ask for: Electronic Cigarette Retail Dealer License