§ 2-452 Application Process for Available Licenses within Community Districts.
RCNY § 2-452
(a)On the first business day in April and the first business day in October of each year, the Department will publish the following information for each community district in the City: (i) the community district cap; (ii) the number of current Electronic Cigarette Retail Dealer licenses; and (iii) the number of available Electronic Cigarette Retail Dealer licenses.
(b)(1) For each community district where Electronic Cigarette Retail Dealer licenses are available as of the first business day of April in a given year, the Department will accept requests to apply for an Electronic Cigarette Retail Dealer license from the first business day in May until 5:00 p.m. on the last business day in May of such year.
(2)For each community district where Electronic Cigarette Retail Dealer licenses are available as of the first business day of October in a given year, the Department will accept requests to apply for an Electronic Cigarette Retail Dealer license from the first business day in November until 5:00 p.m. on the last business day in November of such year.
(3)The Department will reject any duplicate requests to apply.
(c)At the close of each request period, in each community district where Electronic Cigarette Retail Dealer licenses are available, the Department will randomly select from among the requesters businesses that may apply for an Electronic Cigarette Retail Dealer license and invite such businesses to apply for such license. The number of businesses selected shall be equal to the number of licenses available in that community district. An invitation to apply is only valid for the business randomly selected by the Department and may not be transferred to another business.
(d)Once notified by the Department, selected businesses will have 65 days from the date of notification to submit a complete application for an Electronic Cigarette Retail Dealer license. If a complete application is not received by the Department within 65 days, or the application is otherwise denied, the opportunity to apply will be forfeited, and the Department will offer the opportunity to apply to another business in the same community district that is randomly selected from the pool of requesters, and that business will have 65 days to submit a complete application.
(e)When the Department has issued all available licenses within each community district, the application process will be closed, and the remaining request pool will be voided. A request from any given request period will not be valid in a subsequent request period.
(f)Any license issued that causes the number of licenses in a community district to exceed the community district's retail dealer cap will be considered to be issued in error and voided.
(g)Any license issued as a result of deceptive or misleading application materials will be considered to be issued in error and voided. (Added City Record 1/11/2019, eff. 2/10/2019; amended City Record 1/20/2023, eff. 2/19/2023)
