§ 10-17 Retail Electronic Cigarette Store Registration.
RCNY § 10-17
(a)Electronic cigarette use to vape nicotine is permitted in retail electronic cigarette 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 and in a form approved or provided by the Department. Applications must include: (A) the name and address of the store; (B) the name, address, phone number and email address of the store's owner; and (C) an affirmation from the store's owner that on-site electronic cigarette 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, electronic cigarette 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) copies of tax returns filed with the local, state and federal governments; and (B) 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 electronic cigarettes.
(b)Registered retail electronic cigarette 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 electronic cigarette 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 electronic cigarette stores.
(d)Maintaining a retail electronic cigarette store registration while failing to derive more than fifty (50) percent of total gross annual income from the on-site sale of electronic cigarettes 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)
