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

Hialeah's Chapter 18 defines a smoke shop as any retail nicotine products dealer, retail tobacco products dealer, retail vape products dealer or retail smoking device dealer, excluding cigar/hookah bars and stores where nicotine and tobacco products make up 20 percent or less of floor space with no smoking devices sold (Sec. 18-206). Sec. 18-211 lists seven mandatory operating rules: obtain the state nicotine/tobacco products dealer permit; post a sign stating that sale to persons under 21 is illegal and proof of age is required; keep age-verification reference material visible at the checkout counter; keep doors and windows transparent and free of screening or tinting; check identification from patrons unless they visibly appear 30 or older; not sell smoking devices such as pipes, bongs or water pipes unless at least 75 percent of gross annual revenue comes from cigarette, cigar and tobacco sales, or no more than 25 percent comes from smoking-device sales; and not display smoking devices in any window or window display area.

Smoke shops must also comply with the city's zoning rules under Chapter 98, Article V, Division 16, Sec. 98-1111, paragraphs (1) and (35) per Sec. 18-207(b), and, like other establishments serving the public, cannot refuse a police inspection during business hours (Sec. 18-208). Fines collected for smoke shop regulation violations are deposited into a trust fund administered by the parks and recreation department to fund tobacco and nicotine health-education programming for children (Sec. 18-212), a dedicated funding mechanism separate from the shop's operating rules themselves.