Wilmington, DE Business Licensing & Operations: Tobacco Retail License (2026)

(b)Prohibited placement. Except as otherwise specified in this section, no establishment that sells tobacco products, tobacco paraphernalia, or electronic smoking devices at retail may display, store, or place any such products, devices, or items, unless such item:(1)Is not immediately accessible to customers;(2)Is accessible only to the owner or operator of the business or an agent of the owner or operator; and(3)Is stored, displayed, placed, or offered for sale behind a checkout counter.(c)Enforcement and penalties.(1)Enforcement. In accordance with section 5-32(c), the commissioner of licenses and inspections, in the exercise of the duties imposed upon him and acting through his deputies, shall examine establishments bound by the terms of this section to ascertain whether there is compliance with this section, and is authorized to issue and collect fines, and administer hearings pursuant to this section.(2)Penalty. Any person or entity who violates this section is subject to a civil fine of not more than: $250.00 for the first violation; $500.00 for the second violation; and $1,000.00 for subsequent violations.a.In addition to being subject to a civil fine pursuant to this Section, any person or entity who violates this section three or more times must also appear before the license and inspection review board for the board to determine whether to suspend or revoke that person's or entity's business license. (Ord. No. 18-056(sub 1), § 1, 6-6-19)