Houston, TX Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- Permit issuer
- Texas Comptroller of Public Accounts
- Permit term
- Two-year renewal
- City permit
- None separate from state
- Records retained
- Four years of invoices
- Minimum buyer age
- 21 statewide
Summary
Every Houston retailer selling cigarettes, cigars, smokeless tobacco, e-cigarettes, or alternative nicotine products must hold an annual retailer permit from the Texas Comptroller under Texas Tax Code Chapter 154 and Health and Safety Code Chapter 161. Houston has no separate city tobacco license.
Sec. 161.084. WARNING NOTICE. (a) Each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine shall post a sign in a location that is conspicuous to all employees and customers and that is close to the place at which the cigarettes, e-cigarettes, or tobacco products may be purchased.(b) The sign must include the statement:PURCHASING OR ATTEMPTING TO PURCHASE CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED.
Full Breakdown
Texas Tax Code Chapters 154 (cigarettes) and 155 (other tobacco), plus Health and Safety Code Chapter 161, require state-issued retailer permits before any tobacco or e-cigarette sale in Houston. Permits cost about $180 every two years for combined cigarette, tobacco, and e-cigarette retail and must be conspicuously posted. Permittees keep invoices for four years, allow Comptroller and Houston Health Department inspections, prevent self-service displays except in adult-only stores, post Tobacco 21 signage, and reject sales to anyone under 21. State preemption blocks Houston from imposing flavor bans or local fees beyond Comptroller permits. Houston Police and the Health Department conduct minor-decoy compliance checks targeting underage sales.
Violations & Fines
Selling tobacco or vapor products without a Comptroller permit, hiding the permit, missing age-warning signs, allowing prohibited self-service, or selling to underage buyers triggers Class C misdemeanor citations and Comptroller permit suspension.
Frequently Asked Questions
Does Houston issue a city tobacco retailer license?
What happens if a Houston store sells vapes to someone under 21?
Sources & Official References
Other rules in Houston
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