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

The only place the zoning code names vape and tobacco shops is Section 1265.021, the prohibited uses section of the DC Downtown District, whose purpose under Section 1265.01 is the orderly development of downtown Newark. It says that, notwithstanding the provisions of Section 1265.01 Permitted Uses, the listed uses are prohibited, and subsection (h) is vape and tobacco shops. The same list bars automobile major repairs, pawn shops, tattoo shops, truck and heavy vehicle services, and marijuana dispensaries, cultivators and processors. The printed history for the section lists Ordinances 10-22B through 10-22E passed 11-15-10, Ordinance 17-43A passed 1-2-18, Ordinance 23-22-A passed 9-5-23 and Ordinance 24-18-A passed 9-16-24.

Retail conduct is covered by Section 636.20, Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. It defines an alternative nicotine product to include an electronic smoking device and a vapor product. No retailer or other person can give, sell or distribute these products to a person under 21 years of age or without first verifying proof of age. A place that sells them has to post a legibly printed sign, in letters at least one-half inch high, stating that distribution to a person under 21 is prohibited by law. The section also bars selling cigarette packs of fewer than 20 cigarettes, selling cigarettes or alternative nicotine products in a smaller quantity than the manufacturer's container, letting an employee under 18 years of age sell any tobacco product, and giving away free samples or coupons.

Vending machines are limited to places not open to the general public, areas closed to persons under 21, or machines in the immediate vicinity, plain view and control of the owner or an employee. Internet and remote sales need age verification, and delivery services must require proof of age.