Madison, WI Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- State permit
- Wis. Stat. §139.34
- Local license
- Madison Ch. 41
- Issuing office
- City Clerk
- PACT Act
- Online sales rule
Summary
Madison requires every vape and e-cigarette retailer to hold a Cigarette and Tobacco Products Retailer license under Madison Ch. 41 and Wis. Stat. §139.34, with annual renewal and PHMDC compliance inspections.
134.65 Cigarette, electronic vaping devices, and tobacco products retailer license. 134.65(1a) (1a) In this section: 134.65(1a)(a) (a) “Cigarette” has the meaning given in s. 139.30 (1m) . 134.65(1a)(b) (b) “Electronic vaping device” means a device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic vaping device” includes a component, part, or accessory of the device, and includes a liquid or other substance that may be aerosolized or vaporized by such device, regardless of whether the liquid or other substance contains nicotine.
Full Breakdown
Wisconsin requires retail tobacco licenses through the Department of Revenue under Wis. Stat. §139.34, and Madison adds local licensing through Ch. 41 administered by the City Clerk. Vape and e-cigarette sellers fall within the same retailer category as cigarettes following 2019 statutory amendments. Annual fees support PHMDC compliance enforcement. Madison may deny or condition licenses for retailers that fail Tobacco 21 compliance checks, and the Common Council can set local proximity rules to schools and youth-serving facilities under Ch. 41 zoning provisions. Online sales to Madison residents require both Wisconsin tax remittance and federal PACT Act compliance, including age verification at delivery.
Violations & Fines
Operating a vape shop in Madison without a valid Ch. 41 license and Wis. Stat. §139.34 retail permit can result in cease-and-desist orders, daily fines up to $500, and confiscation of inventory.
Frequently Asked Questions
What licenses does a Madison vape shop need?
Can Madison block new vape shops near schools?
Sources & Official References
Other rules in Madison
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Tobacco Retail License in Nearby Cities
How other cities in Dane County handle tobacco retail license.