By law, the City set caps (limits) on the number of Electronic Cigarette Retail Dealer Licenses that could be issued by community district. Community district caps for Electronic Cigarette Retail Dealer Licenses took effect April 26, 2018.
There are currently no licenses available in any community district. For a list of the current community district caps, visit NYC OpenData and search for “electronic cigarette dealer.”
When the number of licenses falls below the cap in a community district, the Department of Consumer Affairs (DCA) will announce an open filing period to submit applications.
Currently, you can submit a license application only if:
- A business with a Electronic Cigarette Retail Dealer License is sold, someone acquires more than 10% 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.
- Licenses become available in your community district.
If you meet exception 1 or 2 to the cap, you must submit the Electronic Cigarette Retail Dealer Cap Exception Certification and supporting documentation.
Regardless of the cap, DCA still accepts renewal applications from businesses who already have the license.
These airports and parks are not subject to the community district caps:
- Bronx Park
- Central Park
- Flushing Meadows Park
- Forest Park
- Gateway National Recreation Area
- JFK Airport
- LaGuardia Airport
- Pelham Bay Park
- Prospect Park
- Van Cortlandt Park
You can't apply if your business is or contains a pharmacy. New York City law prohibits pharmacies and businesses that contain pharmacies from obtaining licenses to sell tobacco products and electronic cigarettes in the city.