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Boston, MA Business Licensing & Operations: Tobacco Retail License (2026)

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

Key Facts

Permit issuer
Boston Public Health Commission
Annual fee
$100 per location
Permit term
One year, nontransferable
First violation fine
$100
Third violation
$300 fine, 30-day suspension

Summary

Every Boston retailer selling tobacco products must hold a city "Permit for Location and Sales" from the Boston Public Health Commission, separate from the state license, at $100 per location per year. Selling without it, or violating posting rules, draws escalating fines and permit suspension.

After the effective date of this Section, all retailers who are required to hold a commonwealth license to sell cigarettes or other tobacco products, will be required to hold and maintain a valid "Permit for Location and Sales" from the city for each location at which tobacco products are sold. ... The term of the permit shall be one year. ... The fee for a one-year tobacco retailer's "Permit for Location and Sales" is $100 for each tobacco retail location.

Source: BPHC Tobacco ControlView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).

Full Breakdown

2(C) requires all retailers who hold a commonwealth cigarette license to also obtain and maintain a "Permit for Location and Sales" from the city for each location where tobacco products are sold. The Boston Public Health Commission issues the permit only if the applicant's permit is not currently suspended and the applicant has no unremedied violations or unpaid fines. The permit runs for a one-year term, costs $100 per tobacco retail location, and is nontransferable except when a retailer relocates. c. 270, §§ 6-7, along with signage disclosing how to report violations and where to get smoking-cessation referrals; failing to post this signage is deemed non-compliance subject to Commission-set penalties.

If the permit is suspended for a violation, all tobacco products must be removed from the premises, and anyone selling tobacco without a valid permit is fined under the Section's penalty schedule. Retailers must also request photo ID from any purchaser who appears 26 or younger, and no employee may sell tobacco until they have read the Boston Tobacco Control Ordinance and signed a compliance statement kept on file with the employer.

Violations & Fines

Fines escalate under § 16-40.2(H): $100 for a first violation; $200 plus a seven-consecutive-business-day permit suspension for a second violation within 24 months; and $300 plus a 30-consecutive-business-day suspension for a third violation within 24 months. The Boston Public Health Commission administers suspension and hearing procedures for the permit.

Frequently Asked Questions

Do I need a city permit if I already have the state tobacco license?
Yes. Boston Code § 16-40.2(C)(2) requires every retailer holding a commonwealth cigarette license to separately obtain and maintain the city's "Permit for Location and Sales" for each location selling tobacco products.
How much does Boston's tobacco retail permit cost?
The fee is $100 for a one-year "Permit for Location and Sales" for each tobacco retail location, per § 16-40.2(C)(5).
What happens after repeated tobacco violations in Boston?
Under § 16-40.2(H), fines rise from $100 to $200 with a seven-day suspension on a second violation within 24 months, then $300 with a 30-day suspension on a third violation within 24 months.
Can I sell tobacco while my Boston permit is suspended?
No. Section 16-40.2(C)(7) requires all tobacco products to be removed from the premises during suspension, and anyone selling tobacco without a valid permit is fined under the Section's penalty schedule.

Sources & Official References

Other rules in Boston

All Boston rules

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