You must have a Business License to sell tobacco in the City of Hamilton. You must also have either a Tobacco Retail Dealer's Permit or Vendor's Permit under the Retail Sales Tax Act to sell or deliver tobacco to a consumer.
Tobacco & e-cigarette sales legislation
On May 31, 2006 the Smoke-Free Ontario Act:
- Makes it against the law to buy, sell or give a person under 19 any tobacco products
- Does not allow stores to have tobacco products where the public can see them
- Requires signs in the locations affected by this law
On January 1, 2016 the Smoke-Free Ontario Act:
- Makes it illegal to sell favoured tobacco products including flavoured cigarillos. Menthol flavoured tobacco products and clove flavoured cigarettes are exempt until January 1, 2017.
- Allows an exemption for flavoured cigars that contain a flavouring or aroma of wine, port, whiskey or run and flavoured pipe tobacco.
On January 1, 2016 the Electronic Cigarettes Act:
- Makes it illegal to sell or supply electronic cigarettes (e-cigarettes) and component parts to anyone under 19 years of age.
New rules regulating the sale of e-cigarettes in prescribed places, display and promotion of e-cigarettes will be announced in 2016.
Age warning signs and Government I.D. signs
Signs must be posted in all places that sell tobacco and/or e-cigarettes. You can get free signs by:
- Picking them up at Public Health Services, 110 King Street West, 2nd Floor, Hamilton
- Calling the Tobacco Hotline 905-540-5566 or emailing firstname.lastname@example.org
Tobacco Enforcement Officers inspect all places that sell tobacco and/or e-cigarettes. They also investigate complaints about these places. A ticket and fine are given to people or places that do not follow the law. Fines start at $250. Tobacco Enforcement Officers may seize tobacco products that are prohibited for sale under the Smoke-Free Ontario Act.
To request an inspection for your new store
If you have questions about the law or you want to request an inspection for your new store:
Phone: Tobacco Hotline 905-540-5566
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