What is Retail Tobacco Specialty Business?

• The sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment;
• 20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;
• 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;
• the commercial establishment:
  • holds itself out as a retail tobacco specialty business; and
  • causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business;
• any flavored electronic cigarette product is sold; or
• the retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products
  

Where can I have a Retail Tobacco Specialty Business?

A retail tobacco specialty business may not be within:

1) 1,000 feet of a community location* OR
2) 600 feet of another retail tobacco specialty business OR
3) 600 feet of property used or zoned for agricultural or residential use

*Types of Community Locations:

• public or private K-12 school
• licensed child-care or preschool
• trade or technical school
• church
• public library
• public playground
• public park
• youth center or other place used primarily for youth oriented activities
• public recreational facility
• public arcade
• homeless shelter
  

Note: Approval of a location may still be subject to more specific zoning requirements or ordinances from the city.

How do I measure from location to location?

The proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of a location without regard to intervening structures or zoning districts.