§ 10-16 Retail Tobacco Store Registration.
RCNY § 10-16
(a)Smoking tobacco, and using electronic cigarettes to vape nicotine, is permitted in retail tobacco stores that have registered with the Department in accordance with the following terms and conditions.
(i)Applications to register must be submitted on paper or electronically in a form approved or provided by the Department. Applications must include: (A) the name and address of the store; (B) name, address, phone number and email address of the store's owner; and (C) an affirmation from the store's owner that on-site tobacco product sales generate more than fifty (50) percent of the store's total annual gross sales, or, for stores that have been in operation for less than one (1) year, that based on the store's inventory and business plan, tobacco sales will likely generate more than fifty (50) percent of the store's total annual gross sales.
(ii)Applicants must submit to the Department, within five (5) days of demand, supporting documentation, including but not limited to: (A) a current retail license to sell cigarettes issued by the Department of Consumer Affairs pursuant to § 20-202 of the Administrative Code; (B) copies of tax returns filed with the local, state and federal governments; (C) reports or other documents that demonstrate compliance with all applicable federal, state and local laws governing the taxation, sale and distribution of tobacco products; and (D) documentation, including sales records, internal accounting reports, or analyses of inventory, sales and wholesale purchases, demonstrating that more than fifty (50) percent of the store's total gross annual income was derived from the on-site sale of tobacco products.
(b)Registered retail tobacco stores must update their application to reflect any change in the information entered on the application for registration no later than ten (10) business days after any such change.
(c)Registered retail tobacco stores must maintain written or electronic records of inventory, annual sales and purchases, for each product offered for sale, and submit such records to the Department within five (5) days of a demand for such records. The Department may review such records to verify the total annual gross sales of registered retail tobacco stores.
(d)Maintaining a retail tobacco store registration while failing to derive more than fifty (50) percent of total gross annual income from the on-site sale of tobacco products is a violation of these rules and grounds for revocation of the store's registration. (Amended City Record 7/7/2022, eff. 8/6/2022)
