Fort Collins, CO Business Licensing & Operations: Tobacco Retail License (2026)

Article V of Chapter 12 (§§ 12-96 through 12-99) regulates the sale of tobacco, smoking materials and electronic smoking devices citywide rather than through a separate retailer permit. Section 12-96 defines a "retail tobacco business" with a three-part test: on-site sales of tobacco, ESDs and smoking accessories must generate at least 92 percent of revenue (sale of other goods is capped at 8 percent), the store cannot operate under a liquor, food or marijuana license, and it cannot exceed 2,500 square feet of gross floor area with no more than 20 percent used for a smoking, sampling or lounge area.

A business that met the size and revenue tests as of July 1, 2006, keeps its status as long as it does not expand its smoking area beyond its 2006 footprint. Meeting that definition matters because § 12-62 exempts a qualifying retail tobacco business from the citywide smoking ban, but only after it gets a certificate of occupancy from the Building Official specifically authorizing on-site smoking, and only if it is physically separated and independently ventilated from neighboring businesses. Separately, § 12-97 bars anyone from selling tobacco, smoking material or ESDs from a vending machine in a public place unless underage access is blocked, requires a government-issued photo ID check before any sale, and requires retailers to shelve tobacco and vape products behind the counter so a clerk must hand them over face-to-face; the self-service exception applies only where minors are barred entirely.

Retailers must also post a warning sign at least 5 inches by 7 inches at the point of sale stating that purchase, possession or use by anyone under 21 is illegal and that selling to a minor can bring a fine and imprisonment.