Retail tobacco store
What is a retail tobacco store license?
A Denver City Council ordinance prohibits the sale of tobacco products to anyone younger than 21 years old. This includes nicotine products, vape products such as e-cigarettes and smokeless tobacco products. The law also requires all businesses that sell tobacco products to get a retail tobacco store license.
Basic information
All businesses that sell tobacco products must have a license
To learn more about the regulations for tobacco retailers and the "Tobacco 21 (T21)" program, visit the Department of Public Health and Environment's website.
Proximity restrictions
The ordinance requires all businesses that sell tobacco products to be at least 1,000 feet from schools, city-owned recreation centers, and city-owned outdoor pools.
- Are there any proximity restrictions related to the retail tobacco store license?
- Yes, the retail tobacco store location may not be within 1,000 feet of any school (public or private), city-owned recreation center, or city-owned pool.
- The measurement for proximity is a straight line from the retail tobacco store's nearest portion of the building to the property line of a school, city-owned recreation center, or city-owned pool.
- Measurements are conducted by the CBH Tobacco Program. If the retail tobacco store license application is within 1,000 feet of a school, city-owned recreation center, or a city-owned pool and cannot provide proof of tobacco sales prior to January 1, 2021, the Tobacco Program will deny the retail tobacco store license application. You will be issued a letter of denial and information on the next steps.
- Are there any exemptions to the proximity restrictions?
- These proximity restrictions shall not apply to any application for a retail tobacco store license submitted on or before January 1, 2021, or to an applicant who can produce to the satisfaction of the Director of Department of Licensing and Consumer Protection documentation that the sale of tobacco products occurred at the subject location prior to January 1, 2021.
- Proof of tobacco sales includes tax documents, sales receipts, or other documentation deemed sufficient by the director.
- DLCP will not accept an affidavit stating that the retail tobacco store sold tobacco products prior to January 1, 2021, a zoning use permit, or a sales tax license as a valid form of proof of tobacco sales.
- The Department of Licensing and Consumer Protection will verify tobacco proof of tobacco sales and accept the proof of sales document. You will need to upload this document to your retail tobacco store application for DLCP to verify the document.
Does a Hookah retailer have to close at midnight?
No, they do not have to close but cannot sell hookah and sheesha tobacco for onsite consumption.
Can onsite consumption of hookah and sheesha tobacco take place other than inside the building after 12 midnight?
No, there cannot be any consumption on the premise, public right of ways (sidewalks, tree lawns, and alleyways) or adjacent to the hookah facility.
When is the earliest I can allow on site consumption of hookah and sheesha at my facility?
You can allow on consumption of hookah and sheesha after 7 a.m.