By law, the City set caps (limits) on the number of Tobacco Retail Dealer Licenses that could be issued by community district. Community district caps for Tobacco Retail Dealer Licenses took effect February 24, 2018.
View a list of the current community district caps on NYC Open Data.
When the number of licenses falls below the cap in a community district, the Department of Consumer and Worker Protection (DCWP) will announce an open filing period to submit applications through the Tobacco Retail Dealer License Lottery.
You can submit a license application only if:
- You applied for the lottery and received an offer to apply for a Tobacco Retail Dealer license.
- A business with a Tobacco 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.
If you meet one of the exceptions to the cap, you must submit the Tobacco Retail Dealer Cap Exception Certification and supporting documentation with your license application.
Regardless of the cap, DCWP still accepts renewal applications from businesses who already have the license.
Exempt Locations
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
Pharmacies
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 in the city.
