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Birmingham, AL Business Licensing & Operations: Tobacco Retail License (2026)

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

Key Facts

License schedule
Schedule 238, Tobacco Products, Retail
Tax rate
0.2% of prior-year gross receipts
Minimum license fee
$300.00 per year
State permit required
Valid Alabama ABC Board tobacco permit
Renewal deadline
On or before February 15 each year
Late penalty
15%, rising to 30% after 30 days
Unlicensed sale penalty
$50-$500 fine, up to 6 months jail

Summary

Any retail dealer in Birmingham selling tobacco products, whether or not tobacco is the main stock in trade, must hold a city business license under Schedule 238 of the Code of Ordinances. The tax equals two-tenths of one percent of the prior year's gross receipts, with a $300 minimum, and the Revenue Division will not issue the license without a current Alabama ABC Board tobacco permit.

SCHEDULE 238. TOBACCO PRODUCTS. RETAIL.

Each retail dealer engaged in the sale of tobacco products, whether or not principal stock in trade, and not including cigarettes, shall pay a license in an amount equal to two-tenths of one percent of gross receipts from said business from the previous year with a minimum license in any case of: $300.00.

[The term] "tobacco products" means all products containing any quantity of tobacco in any form, including but not limited to cigars, cheroots, stogies, smoking tobacco, smokeless tobacco, snuff, chewing tobacco, or any substitute therefor.

No license will be issued until applicant has obtained and presented to the Revenue Division at the time of application:

(1)A current, valid permit issued by the Alabama Alcoholic Beverage Control Board (ABC Board), pursuant to Title 28, Chapter 11, Code of Alabama 1975. Permits are required for all establishments selling tobacco products.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

Birmingham requires every retail dealer of tobacco products to hold a city business license under Schedule 238 of the Schedule of Business Licenses in Appendix A of the Code of Ordinances. The schedule covers any retailer selling tobacco products "whether or not principal stock in trade," but it expressly excludes cigarettes, which are licensed and taxed separately. "Tobacco products" is defined broadly to include cigars, cheroots, stogies, smoking tobacco, smokeless tobacco, snuff, chewing tobacco, or any substitute, so a convenience store, gas station, smoke shop, or grocery selling cigars or snuff falls under this schedule even if tobacco is a minor part of its business.

00 regardless of sales volume. Before the Revenue Division will issue the license, the applicant must present a current, valid permit from the Alabama Alcoholic Beverage Control Board issued under Title 28, Chapter 11 of the Code of Alabama; without that state permit in hand, the city will not process the application. Like all city business licenses, the tobacco retail license runs on the calendar-year license year and must be renewed on or before February 15 under Sec. 3A-1-52. A retailer that misses the renewal date faces a 15 percent penalty on the tax due under Sec.

3A-1-53, rising to 30 percent if the tax and penalty remain unpaid more than 30 days past the due date. Operating without the required license, or continuing to sell tobacco after a license lapses, exposes the retailer to prosecution under Sec. 3A-1-164, which classifies unlicensed operation as a misdemeanor.

Violations & Fines

Selling tobacco products without the Schedule 238 license, or without a valid ABC Board permit on file, is a misdemeanor under Sec. 3A-1-164, punishable by a fine of $50.00 to $500.00 and up to six months in jail, with each day of unlicensed operation a separate offense. Late renewal draws a 15 percent penalty, rising to 30 percent after 30 days, under Sec. 3A-1-53.

Frequently Asked Questions

Does Birmingham's tobacco retail license cover cigarettes?
No. Schedule 238 expressly excludes cigarettes from its coverage, so a store selling cigars, snuff, chewing tobacco, or smokeless tobacco pays under Schedule 238, while cigarette sales are licensed and taxed under the city's separate cigarette schedule. A retailer selling both product types needs both licenses.
What does Birmingham require before issuing a tobacco retail license?
The Revenue Division will not issue a Schedule 238 license until the applicant presents a current, valid permit from the Alabama Alcoholic Beverage Control Board, issued under Title 28, Chapter 11 of the Code of Alabama. Applicants should obtain the state ABC permit first, since the city treats it as a prerequisite for licensing, not a parallel requirement.
How much does a Birmingham tobacco retail license cost?
The tax equals two-tenths of one percent of the retailer's gross receipts from tobacco product sales in the previous year, but every licensee pays at least $300.00 regardless of how small the tobacco portion of the business is. New businesses without a prior year of receipts are billed under the code's standard minimum license rules for a first partial year.
What happens if a Birmingham retailer sells tobacco without renewing the license?
Renewal is due on or before February 15 each year under Sec. 3A-1-52. Missing that date adds a 15 percent penalty on the tax owed, and if the license and penalty remain unpaid more than 30 days after the due date, the penalty rises to 30 percent under Sec. 3A-1-53.

Sources & Official References

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