Key Points
- New York City is accepting tobacco and electronic cigarette retail license lottery applications from November 2 through 5 p.m. local time on November 30, 2026.
- The official notice lists 55 available e-cigarette retail license slots across 23 community districts: 28 in Brooklyn, 15 in the Bronx, 11 in Manhattan and one in Queens. There are also 322 tobacco retail license slots across 41 districts.
- Invited applicants must meet all licensing requirements within 65 days. Formal e-cigarette license applications submitted between June 1 and November 30, 2026, cost $150, while those submitted between December 1 and December 31 cost $200.
- New York City's retail licenses remain subject to community district caps and flavor restrictions. Obtaining a city license does not constitute FDA marketing authorization for any particular vaping product.
2Firsts
November 3, 2026
New York City's Department of Consumer and Worker Protection (DCWP) opened applications on November 2, 2026, for a lottery covering tobacco and electronic cigarette retail dealer licenses. The application period closes at 5 p.m. New York local time on November 30.
According to DCWP's October 1 review, 55 electronic cigarette retail license slots are available across 23 community districts, including 28 in Brooklyn. Another 322 tobacco retail license slots are available across 41 community districts.
The openings arise where the number of existing licenses has fallen below the statutory cap for the relevant community district. Businesses must first enter the lottery and receive an invitation to apply before submitting a complete license application for review.
Brooklyn Accounts for 28 of 55 Vape Retail License Slots
New York City imposes separate community district caps on electronic cigarette and traditional tobacco retail dealer licenses.
DCWP reviews license availability every April and October to determine which districts have openings below their respective statutory caps.
According to the October 1, 2026, notice, available electronic cigarette retail license slots are distributed as follows:
| Borough | Community districts with openings | E-cigarette license slots |
|---|---|---|
| Brooklyn | 11 | 28 |
| Bronx | 7 | 15 |
| Manhattan | 4 | 11 |
| Queens | 1 | 1 |
| Staten Island | 0 | 0 |
| Total | 23 | 55 |
Brooklyn accounts for approximately 50.9% of the 55 available e-cigarette retail license slots.
Brooklyn Community Districts 1 and 4 each have five available slots, District 15 has four and District 3 has three.
The Bronx has 15 slots, including five in Community District 7. Of Manhattan's 11 slots, five are in Community District 12.
Queens has one opening in Community District 9, while Staten Island has no available e-cigarette retail license slots.
The distribution of traditional tobacco retail license openings differs:
| Borough | Community districts with openings | Tobacco license slots |
|---|---|---|
| Brooklyn | 17 | 149 |
| Bronx | 12 | 92 |
| Manhattan | 7 | 56 |
| Queens | 3 | 16 |
| Staten Island | 2 | 9 |
| Total | 41 | 322 |
The figures are calculated from DCWP's community district listings and reflect available license slots identified in the October 1 review.
They do not represent newly issued licenses or an equivalent number of retail stores preparing to open.
Lottery Closes November 30; Invited Businesses Have 65 Days to Meet Licensing Requirements
According to DCWP's application guidelines, businesses must submit lottery applications online and identify the license category corresponding to their proposed location.
Where both tobacco and electronic cigarette retail licenses are available in the same community district, applicants must submit separate lottery applications for each category.
After the application period closes, DCWP will assign eligible applications computer-generated random priority numbers.
Where applications exceed the number of available slots, DCWP will invite businesses to apply for licenses in the order of their assigned priority numbers.
Invited applicants must submit complete applications and satisfy all applicable licensing requirements within 65 days of receiving DCWP's offer.
For e-cigarette retail dealer licenses, the required documents include the basic license application, sales tax identification information, a New York State Vapor Products Dealer Certificate of Registration, proof of business and residential addresses, and the applicable license fee.
The 65-day requirement applies to the applicant's submission of documents and satisfaction of licensing conditions. It is not a deadline for DCWP to complete its review or issue the license.
The fee for a full two-year electronic cigarette retail dealer license is $200. DCWP's fee schedule specifies the following charges for formal applications submitted during the relevant periods in 2026:
| Formal application date | License fee | License expiration |
|---|---|---|
| June 1–November 30, 2026 | $150 | November 30, 2027 |
| December 1–31, 2026 | $200 | November 30, 2028 |
These fees apply to formal license applications, not to the November lottery entry itself. The applicable fee depends on when an invited business submits its formal application.
An invitation becomes void if the applicant fails to meet the requirements within 65 days, the proposed location already holds an active license of the relevant type, or the applicant otherwise fails to qualify.
Receiving a lottery invitation does not constitute the issuance of a license. Businesses must complete the formal application process, satisfy the requirements and obtain a license before conducting the corresponding retail activities.
Vape Retailers Remain Subject to Flavor Restrictions and FDA Marketing Authorization Requirements
New York City has imposed community district caps on electronic cigarette retail licenses since 2018 and separately regulates the products licensed businesses may sell.
Under rules effective July 1, 2020, stores holding electronic cigarette retail licenses may sell only tobacco-flavored or unflavored e-cigarettes, e-liquids and liquid nicotine products.
The restrictions apply to disposable, refillable and tank-based vaping products. Sales of electronic cigarettes and other tobacco products to people under 21 are also prohibited.
A New York City electronic cigarette retail dealer license is distinct from product marketing authorization granted by the U.S. Food and Drug Administration (FDA).
Even after receiving a city retail license, businesses must comply with applicable federal, New York State and New York City laws governing the products they sell.
A city retail license does not automatically permit the sale of vaping products that lack required FDA marketing authorization.
The current lottery therefore offers businesses an opportunity to seek retail operating licenses in designated community districts, while the products they may lawfully sell remain subject to separate authorization and flavor restrictions.
Community District Caps Continue to Shape Retail Market Access
New York City established its electronic cigarette retail licensing cap under Local Law 144 of 2017, with community district caps taking effect in 2018. The initial caps were set at 50% of the baseline number of licenses issued in each district, with the reduction designed to occur through attrition rather than immediate store closures. Existing license holders could continue renewing their licenses if they met applicable requirements.
The 55 slots opened in November 2026 reflect vacancies in districts where active license counts have fallen below their current statutory caps. The lottery does not represent an increase in the city's overall licensing limits.
DCWP reviews tobacco and electronic cigarette retail license availability twice a year and holds lotteries when openings arise.
Of the 55 electronic cigarette retail license slots in the current round, 54 are concentrated in Brooklyn, the Bronx and Manhattan. Queens has one opening, while Staten Island has none.
For businesses seeking to establish e-cigarette retail operations in New York City, an available license slot in the proposed community district is generally a prerequisite for obtaining a new license.
A New York State vapor products dealer registration alone does not allow a business to obtain a new city license in a district where the cap has already been reached, unless an applicable exception applies.
New York City provides exceptions for certain airport and park locations and specified business ownership changes, subject to separate licensing requirements.
The current lottery application period closes on November 30. The number of businesses ultimately licensed will depend on lottery invitations, formal applications, eligibility reviews and license issuance.
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