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Bergenfield, NJ Business Licensing & Operations: Tobacco Retail License (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Annual license fee
$400
License expires
May 31 each year
Minimum age to buy/sell
21 years old
First offense penalty
At least $1,000
Second offense
At least $2,000 plus revocation
Issuing agency
Bergenfield Health Department

Summary

Bergenfield requires a separate $400 annual Health Department license before any retailer may sell vapor products, on top of any tobacco or food license. Borough Code § 344-26J bans self-service vape displays, flavored products, and sales to anyone under 21.

No person shall sell, market, offer for sale or distribute vapor products without first obtaining a retail vapor product license from the Health Department. ... A retail vapor product license is separate from and in addition to any retail food or other licenses issued by the Borough of Bergenfield and the Health Department. ... Annual retail vapor product license fee: $400 ... Licenses issued under the provisions of this article, unless suspended or revoked by the Health Department, shall expire annually on the last day of May.

Full Breakdown

Section 344-26J of the Sanitary Code regulates vape and e-cigarette retail alongside the Borough's tobacco licensing scheme in Chapter 282. No person may sell, market or distribute vapor products in Bergenfield without first obtaining a retail vapor product license from the Health Department, and that license is separate from and in addition to any retail food or other license the business already holds. The annual fee is $400, licenses expire every May 31, and renewal applications are due by June 1; missing the June 15 renewal deadline triggers a $100 penalty for each 30-day period the renewal is late.

Temporary or itinerant sellers cannot hold a vapor license at all, and the Health Department can deny an application over a history of health-code or state-law violations. Retail rules under the same section ban self-service vape displays, require face-to-face sales from behind a service counter, prohibit free samples, and ban any vapor product with a characterizing flavor such as fruit, mint, menthol or dessert flavoring. Clerks must verify photo ID showing the buyer is 21 or older and sign a statement confirming they have read the Borough's tobacco and vapor ordinances.

The Health Officer or a Bergenfield police officer may inspect any licensed premises during business hours and demand purchase invoices. Violations carry a civil penalty of at least $1,000 for a first offense and at least $2,000 for a second, and a second offense triggers mandatory license revocation.

Violations & Fines

Selling vapor products without the § 344-26J retail license, allowing self-service displays, selling flavored vape products, or selling to anyone under 21 all violate the ordinance. Penalties start at $1,000 for a first offense and at least $2,000 for a second, which also triggers mandatory license revocation by the Health Officer.

Frequently Asked Questions

Do vape shops in Bergenfield need their own license?
Yes. Section 344-26J requires a separate $400 annual retail vapor product license from the Health Department before anyone can sell vapor products, in addition to any tobacco or food license the business already holds.
Can a Bergenfield store sell flavored vape products?
No. The ordinance bans selling, giving or distributing any vapor product with a characterizing flavor, including fruit, mint, menthol, candy or dessert flavors, whether sold directly or offered through samples, coupons or rebates.
What happens if a retailer sells vape products to a minor in Bergenfield?
The retailer faces a civil penalty of at least $1,000 for a first violation and at least $2,000 for a second, and a second offense results in mandatory revocation of the retail vapor product license under § 344-26J(6).

Sources & Official References

Other rules in Bergenfield

All Bergenfield rules

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