Hempstead, NY Business Licensing & Operations: Tobacco Retail License (2026)

Town Code § 121-3E, added in 2021, declares a flat retail location ban rather than a licensing tier: it is a prohibited act for any business establishment in the Town to sell at retail an electronic aerosol delivery system, or any component or part of one, if any part of the building housing the business sits less than 1,000 linear feet from any property improved with a school for people under 21, or from any public park or playground, regardless of which municipality that school, park, or playground sits in.

Businesses already selling vape products within that 1,000-foot radius when the law took effect had to cease and desist by October 1, 2021 or become an ongoing violation. The same Article II also requires every retailer of age-restricted products, including vape products, tobacco, shisha, and smoking paraphernalia, to post a specific warning sign at the point of sale citing FDA and Surgeon General nicotine warnings, printed in red letters at least one-half inch tall on a white card. Age-restricted products cannot be sold from vending machines anywhere in the Town, and must be stored behind a counter or in a locked case accessible only to staff.

The enforcement officer, who can be a police officer, building official, or code enforcement officer, serves written notices of violation and complaints, with a public hearing before the Town Clerk or a designee no fewer than 15 days after service.