Rochester Hills, MI Business Licensing & Operations: Tobacco Retail License (2026)

The city council adopted the e-cigarette division by Ordinance No. 586 in 2014 and amended it in 2021 (Ord. No. 627), finding in section 70-400 that e-cigarettes were not then regulated by federal or state authorities, could be purchased by minors, were marketed without age restrictions in flavors that appeal to young people, and that early FDA studies linked them to nicotine addiction and harmful chemical exposure. Section 70-401 defines an 'e-cigarette' as an electronic oral device that provides a nicotine vapor and simulates smoking, is not FDA-approved as a smoking-cessation aid, and is made of a heating element, battery or electronic circuit, and defines 'minor' as anyone younger than 21.

Section 70-402(a) makes it unlawful to sell, give, furnish or offer for sale an e-cigarette or cartridge to a minor in Rochester Hills, a violation punishable as a municipal civil infraction with a fine of up to $50.00 per violation. Section 70-402(b) mirrors that for the minor's side, making it unlawful for anyone under 21 to purchase, possess or use an e-cigarette, also a $50.00-per-violation civil infraction. Section 70-403 gives retailers an affirmative defense if they had, and enforced, a written policy against selling to minors, and exempts a minor's handling of e-cigarettes in the course of employment.

Section 70-404 requires the seller to check a government-issued photo ID showing the buyer is at least 21, or, for internet and other remote sales, to run the order through an independent third-party age-verification service checking a government-recognized database. This division regulates retail conduct directly; the city does not separately license tobacco or vape retailers under Chapter 22.