Tobacco License Attorney in Florida

What is a Tobacco License Lawyer?

On June 22, 2009, the Family Smoking Prevention and Tobacco Control Act (“Tobacco Control Act”) was signed into law granting the Food and Drug Administration (“FDA”) authority to regulate the manufacturing, distribution, and marketing of tobacco products. By August 8, 2016, the “Deeming Rule” expanded the FDA’s authority over tobacco products by defining it as “any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product) . . . .” This broad statutory definition encompasses not only current tobacco products already regulated by the FDA, but also waterpipe tobacco, cigars, nicotine gels, pipe tobacco, and electronic nicotine delivery systems (“ENDS”). ENDS are generally defined as battery-operated devices that usually contain a nicotine solution for the purposes of smoking or vaping.

Whether you are a tobacco manufacturer, wholesaler, importer, or retailer, the federal and state regulations can make this a complex endeavor. PS Law Group can provide proper guidance to help you navigate through the complexities of these regulations by guiding you through each step of the licensing process, working with you and your team to create a successful business structure, and through consultations to ensure your business is compliant. We also will assist you in obtaining U.S. Department of Treasury Alcohol and Tobacco Tax and Trade Bureau (“TTB”) permits, among other taxing services. If needed, we will help your company resolve any agency actions brought forth by any federal, state, or local government agency.

How to get a Tobacco License in Florida

As the tobacco industry is heavily regulated by both federal and state regulations, there are several steps you must take if you wish to pursue a tobacco license in Florida.

Identify what “type” of tobacco license you wish to acquire as there are different federal and state regulation requirements that apply to each:

Retail Tobacco Products Dealer License:

•  A “Tobacco Retailer” is a person or entity that seeks to sell tobacco products directly to the public at a retail location or through a vending machine located on its premises.
• To obtain a Retail Cigarette/Tobacco License, you must first appropriately fill out the application, Form 6028, required by Florida Department of Business & Professional Regulation.
• The application must be in compliance with Florida Statute § 569.003(1)(b). If you intend to have more than one place of business selling tobacco products within Florida, you must have a separate application for each place of business.
• The license/permit will be issued annually, upon payment of the annual fee, which shall not exceed $50.00. See Fla. Stat. § 569.003(1)(c) (2021).

 Cigarette Manufacturer License:

•  A “Manufacturer” is a domestic person or entity under 26 U.S.C. § 5712 that “manufactures, fabricates, assembles, processes, or labels a finished cigarette.” See Fla. Stat. § 210.01(21) (2021).
• To obtain a Cigarette Manufacturer License, you must first obtain a federal license from the U.S. Department of Treasury Alcohol and Tobacco Tax Bureau (“TTB’”) by filling out its application, Form 5200.3. The TTB website states the required forms such as the Form 5200.29, Tobacco Bond and documentation needed to apply. See also 26 U.S.C. § 5712.
• In addition to a federal license, you must appropriately fill out the Florida application, Form 6024, required by the Florida Department of Business & Professional Regulation.
• This application must be in compliance with Florida Statute § 210.15(1).
• The license/permit will be issued annually, upon payment of the annual cost of $100.00. See Fla. Stat. § 210.15(f) (2021).

 Tobacco Wholesale Distributor License:

•  A “Distributor” is “any person engaged in the business of selling tobacco products in this state who brings, or causes to be brought, into this state from outside the state any tobacco products for sale; any person who makes, manufactures, or fabricates tobacco products in this state for sale in this state; or any person engaged in the business of selling tobacco outside this state who ships or transports tobacco products to retailers in this state to be sold by those retailers.” Fla. Stat. § 210.25(5)(a)–(c) (2021).
• To obtain a Tobacco Wholesale Distributor License, you must first appropriately fill out the Florida application, Form 6005, required by the Florida Department of Business & Professional Regulation.
• This application must be in compliance with Florida Statute § 210.40.
• In addition to Form 6005, you must fill out the Division of Alcoholic Beverages and Tobacco Surety Bond application, Form 6032, for $1,000.00 Surety Bond.
• This application shall be accompanied by a $25.00 fee. Fla. Stat. § 210.40 (2021).

  Cigarette Wholesale Dealer License:

• A “Wholesaler” is a person “located inside or outside of this state who sells to retail dealers or other persons for purpose of resale only.” Fla. Stat. § 210.01(6) (2021).
• To obtain a Cigarette Wholesaler License, you must first appropriately fill out the Florida application, Form 6024, required by the Florida Department of Business & Professional Regulation.
• This application must be in compliance with Florida Statute § 210.15(1).
• In addition to Form 6024, you must fill out the Division of Alcoholic Beverages and Tobacco Surety Bond application, Form 6032, for an amount equal to 110% of estimated tax liability for 30 days, which cannot be less than $2,000.00.
• This license/permit will be issued annually, upon payment of the annual cost of $100.00. See Fla. Stat. § 210.15(f) (2021).

Cigar Wholesale Dealer License:

• To obtain a Cigar Wholesaler License, you must appropriately fill out the Florida application, Form 6006, required by the Florida Department of Business & Professional Regulation.
• This license/ permit is not required if you are licensed as a Cigarette Wholesale Dealer or a Tobacco Wholesale Dealer/Distributor.

 Cigarette Importer License:

• An “Importer” is “any person with a valid permit under 26 U.S.C. § 5712 who imports into the United States, directly or indirectly, a finished cigarette for sale or distribution. Fla. Stat. § 210.01(20) (2021).
• To obtain a Cigarette Importer License, you must first obtain a federal license U.S. Department of Treasury Alcohol and Tobacco Tax Bureau (“TTB’”) by filling out its application, Form 5230.4. The TTB website states the required forms and documentation needed to apply. See also 26 U.S.C. § 5712.
• In addition to a federal license, you must appropriately fill out the Florida application, Form 6024, required by the Florida Department of Business & Professional Regulation.
• This application must be in compliance with Florida Statute § 210.15(1).
• This license/permit will be issued annually, upon payment of the annual cost of $100.00. See Fla. Stat. § 210.15(f) (2021).

 Cigarette Exporter License:

• An “Exporter” is a “person who transports tax-exempt cigarettes into this state under bond for delivery beyond the borders of this state.” Fla. Stat. § 210.01(17) (2021).
• To obtain a Cigarette Exporter License, you must first appropriately fill out the Florida application, Form 6024, required by the Florida Department of Business & Professional Regulation.
• This application must be in compliance with Florida Statute § 210.15(1).
• In addition to Form 6024, you must fill out the Division of Alcoholic Beverages and Tobacco Surety Bond application, Form 6032, for an amount equal to 110% of estimated tax liability for 30 days, which cannot be less than $2,000.00.
• This license/permit will be issued annually, upon payment of the annual cost of $100.00. See Fla. Stat. § 210.15(f) (2021).

Cigarette Distributing Agent License:

A “Distributing Agent” is “every person, firm or corporation in this state who acts as an agent for any person, firm or corporation outside or inside the state by receiving cigarettes in interstate or intrastate commerce and storing such cigarettes subject to distribution or delivery upon order from said principal to wholesale dealers and other distributing agents inside or outside this state.” Fla. Stat. § 210.01(14) (2021).

• • To obtain a Cigarette Distributing Agent License, you must first appropriately fill out the Florida application, Form 6024, required by the Florida Department of Business & Professional Regulation.
  • This application must be in compliance with Florida Statute § 210.15(1).
  • In addition to Form 6024, you must fill out the Division of Alcoholic Beverages and Tobacco Surety Bond application, Form 6032, for an amount equal to 110% of estimated tax liability for 30 days, which cannot be less than $2,000.00.
  • This license/permit will be issued annually, upon payment of the annual cost of $100.00. See Fla. Stat. § 210.15(f) (2021).

For any of the above licenses, there are several additional requirements that we can discuss with you.

How much does a Tobacco License cost in Florida?

Discussed above in each category of a license. Potentially will add more if needed (http://www.myfloridalicense.com/dbpr/abt/documents/fee_chart.pdf)

Contact a Florida Tobacco License Attorney Today

Getting a license is never easy—there are very specific requirements necessary to satisfy both the federal and state regulations, which is why PS Law Group is here for you. Contact our experienced firm today at _____!