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Daytona Beach, FL Business Licensing & Operations: Tobacco Retail License (2026)

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

Key Facts

Defined businesses
Cigar/hookah lounges, vapor bars
Base hours
7:00 a.m. to midnight
Extended hours
Until 2 a.m. with city permit
Permit fee
$100 annually
Renewal deadline
October 1 each year
Suspension trigger
3 incidents in one year
Max suspension
90 days (repeat offense)

Summary

Daytona Beach regulates vapor bars, hookah lounges and cigar lounges as 'smoking lounges' under City Code section 26-351, capping normal hours at 7:00 a.m. to midnight under section 26-352 unless the business holds a city extended hours permit that allows it to stay open until 2:00 a.m., or 3:00 a.m. on designated holidays.

Smoking lounge means an establishment which is licensed as a retail tobacco products dealer by the Florida Department of Business and Professional Regulation, Division of Alcohol Beverages and Tobacco, which is dedicated, in whole or in part, for on-site smoking of tobacco products, electronic cigarettes, or other smoked or vaporized substances. The term includes establishments such as cigar lounges, hookah lounges, and vapor bars or lounges. ... Except as provided in subsection (b) of this section, no smoking lounge shall be open for business, sell or permit products to be sold or consumed on the premises, or allow persons except on-duty employees to enter or remain within the establishment, except during the hours from 7:00 a.m. until 12:00 a.m., midnight.

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 78 | Land Development Code: Supplement 36).

Full Breakdown

City Code article VIII of chapter 26, adopted by Ordinance No. 2023-11 on January 4, 2023, defines a 'smoking lounge' as any establishment licensed as a retail tobacco products dealer by the Florida Department of Business and Professional Regulation, Division of Alcohol Beverages and Tobacco, that is dedicated in whole or in part to on-site smoking of tobacco, electronic cigarettes, or other vaporized substances; section 26-351 expressly includes cigar lounges, hookah lounges, and vapor bars or lounges within the definition, while exempting government-owned space and non-commercial religious property.

Section 26-352(a) sets the base hours of operation for every smoking lounge, including vapor bars, at 7:00 a.m. to midnight, and bars all but on-duty employees from the premises outside those hours. A smoking lounge that wants to stay open later must obtain a city extended hours permit under section 26-352(b), which allows operation until 2:00 a.m., or until 3:00 a.m. on New Year's Eve, July 4th, Labor Day, or a declared major event period under the Land Development Code (relevant to Bike Week and Speedway race weekends). The permit costs $100.00, renews annually by October 1, and is conditioned on posting the permit, running security cameras at all entrances and exits with at least 45 days of retained footage, maintaining security or an off-duty police officer during extended hours, and controlling exterior lighting.

An extended hours permit is a revocable privilege, not a right: the city commission can suspend it or impose conditions after three illegal-parking incidents, three law-enforcement calls for service, or three instances of adverse impact on a neighboring residential property within 1,000 feet, all within a one-year period, following notice and a hearing under section 26-352(b)(6).

Violations & Fines

Operating a smoking lounge, including a vapor bar, past midnight without a valid extended hours permit, or breaking a permit condition, is a code violation under section 26-352(9), enforceable under section 1-14. Three illegal-parking incidents, police calls, or adverse-impact incidents within a year trigger a city commission hearing; a first suspension runs up to 30 days, a second up to 60, and later ones up to 90. The police chief may suspend or revoke a permit for a demonstrated public-safety danger, subject to a magistrate hearing within three business days.

Frequently Asked Questions

Do vapor bars count as smoking lounges under Daytona Beach's ordinance?
Yes. Section 26-351 defines 'smoking lounge' to include vapor bars or lounges alongside cigar lounges and hookah lounges, so any Florida DBPR-licensed retail tobacco dealer set up for on-site vaping is covered by the same hours-of-operation and extended hours permit rules as a cigar bar.
Can a vapor lounge in Daytona Beach stay open past midnight?
Only with an extended hours permit under section 26-352(b). The $100 annual permit allows operation until 2:00 a.m., or 3:00 a.m. on New Year's Eve, July 4th, Labor Day, or a declared major event period, but requires security cameras, on-site security, and controlled exterior lighting during those hours.
What can get a smoking lounge's extended hours permit suspended?
Three or more incidents of illegal parking, law enforcement calls for service, or adverse impacts on a neighboring residential property within 1,000 feet, each within a one-year period, trigger a city commission hearing under section 26-352(b)(6) that can suspend the permit for 30 to 90 days depending on how many prior appearances the lounge has had.

Sources & Official References

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