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Middletown, OH Business Licensing & Operations: Tobacco Retail License (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License required since
January 1, 2024
Annual license fee
$250.00
Mobile retailers
Prohibited, fixed-location only
First violation fine
$500.00 minimum
Fourth violation (36 mo.)
License revoked

Summary

Middletown, Ohio requires every tobacco retailer, including sellers of e-cigarettes and other electronic smoking devices, to hold a $250.00 annual license from the Board of Health under City of Middletown Code of Ordinances § 1864.02. Mobile tobacco retailers are banned outright, and civil penalties start at $500.00 for a first violation.

(c) ELECTRONIC SMOKING DEVICE. Any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. ... (a) Beginning January 1, 2024: No person shall sell or offer to sell any tobacco product without first having obtained a license to do so from the Board of Health. ... The license fee is two hundred fifty dollars ($250.00). ... (f) Mobile retail establishments prohibited: only fixed-location tobacco retail establishments are eligible to be licensed. ... (1) For a first violation, a fine no less than five hundred dollars ($500.00).

Full Breakdown

Chapter 1864 of the Middletown Code of Ordinances, adopted by Ord. 01(c) broadly enough to reach vapes: any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from it, including an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah, plus components, parts and accessories. 00, running January 1 through December 31, with a pro-rated fee available for new applicants who apply more than 60 days before year-end. 02(f) flatly prohibits mobile retail establishments, meaning only fixed-location tobacco and vape retailers are eligible for a license at all.

00 plus a minimum 30-day suspension; and a fourth violation within 36 months results in outright revocation. The Health Commissioner may also deny, suspend or revoke a license for reasons including underage applicants, prior license suspensions within 36 months, or selling to anyone under 21 more than once in 12 months.

Violations & Fines

Section 1864.03(c) sets civil penalties starting at a $500.00 fine for a first violation, rising to $750.00 with a 30-to-60-day suspension for a second violation within 36 months, $1,000.00 with a 30-day suspension for a third, and outright license revocation for a fourth violation within the same 36-month window. Selling tobacco or vape products without a valid license under § 1864.02 makes the retailer ineligible to obtain a new license for at least 30 days.

Frequently Asked Questions

Does Middletown require a license to sell vapes or e-cigarettes?
Yes. Section 1864.01(c) defines electronic smoking device broadly to include e-cigarettes, e-cigars, vape pens and e-hookahs as tobacco products, and § 1864.02 has required, since January 1, 2024, a $250.00 annual license from the Board of Health before any person sells or offers to sell them in the city.
Can a mobile vape or cigarette vendor operate in Middletown?
No. Section 1864.02(f) expressly prohibits mobile retail establishments from tobacco licensing, stating only fixed-location tobacco retail establishments are eligible to be licensed. A trailer, vehicle or tent selling tobacco or vape products cannot obtain a license under this chapter.
What are the penalties for selling tobacco without a license?
Section 1864.03 sets civil penalties starting at a $500.00 fine for a first violation, increasing to $750.00 with a suspension for a second violation within 36 months, $1,000.00 with a suspension for a third, and revocation for a fourth. Selling without any valid license also makes the retailer ineligible for a new one for at least 30 days.

Sources & Official References

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