Miami, FL Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- Spacing
- 1 mile between smoke shops
- School/park buffer
- 1,000 feet
- Definition threshold
- 20% of floor space
- First-violation fine
- $1,000 per diem
- Repeat-violation fine
- up to $5,000 per diem
Summary
Miami smoke shops must sit at least one mile from any other smoke shop or hemp retailer and 1,000 feet from schools, parks, playgrounds, or houses of worship, on top of standard business licensing.
Retail hemp establishments, smoke shops and smoking lounges in the city as a primary use shall be located no closer than one mile from another such use as measured from property line to property line in a straight line from the nearest point of the subject property to the nearest point of the existing retail hemp establishment, smoke shop, or smoking lounge, inclusive of such locations that may be outside of the city limits.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 23 | Ordinance 11000 (Previous Zoning Code): Supplement 22 | Miami 21 (Zoning Code): ?).
Full Breakdown
The city defines a "smoke shop" as any retail or wholesale tobacco business where 20 percent or more of its floor space goes to vaping devices, pipes, hookahs, e-cigarette supplies, or hemp/CBD products (Sec. 31-112). Under Article VII, these stores, along with retail hemp establishments and smoking lounges, must be at least one mile from another such use and 1,000 feet from any school, park, playground, or place of worship (Secs. 31-115(e), 31-116). Windows must stay unobstructed, cannabis-leaf imagery is banned from signage, and CCTV with 30-day storage is required (Secs. 31-117 through 31-120). Operators still need a Business Tax Receipt and Certificate of Use.
Violations & Fines
Code enforcement fines run $1,000 per diem for a first violation, $2,500 for a second, and $5,000 for a third and subsequent violation, and the city can also deny, suspend, or revoke the shop's Business Tax Receipt or Certificate of Use (Sec. 31-122).
Frequently Asked Questions
Can I open a smoke shop anywhere in Miami?
What makes a store a "smoke shop" under city law?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida business licensing & operations overview
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Tobacco Retail License in Nearby Cities
How other cities in Miami-Dade County handle tobacco retail license.