Retail & Second-Hand · 6 min read · Last updated
A specialty vape store is any building, booth or stall, or part of one, where electronic cigarettes are exposed for sale. It is licensed under Schedule 27 of By-law 07-170, the same schedule as tobacco and electronic cigarette retailers, but it is a separate licence with its own requirements, including a registration with the Ministry of Health that the municipal licence does not replace.
The City of Hamilton lists this under its “Establishments” category: “Any building, booth, or stall, or a portion thereof where electronic cigarettes are exposed for sale. Those wishing to obtain a Specialty Vape licence must also register through the Ministry of Health.”
Who needs this licence?
The definition is about where sales happen and what is on offer: any building, booth or stall, or a portion of one, where electronic cigarettes are exposed for sale. The words booth and stall matter, because they bring smaller and less permanent retail formats within the licence rather than leaving them outside it.
There is a second requirement that sits outside the by-law. Anyone wishing to obtain a specialty vape licence must also register through the Ministry of Health. The municipal licence and the provincial registration are separate things, and holding one does not give you the other.
This licence and the tobacco and electronic cigarette retailers licence live in the same schedule and are easy to confuse. The distinction is what the store is: a specialty vape store is built around electronic cigarettes, while the tobacco and electronic cigarette retailers licence covers premises where tobacco or electronic cigarettes are exposed for sale more generally, such as a convenience store. A separate licence is required for a specialty vape store, so if you think you might need both, ask the City's tobacco licensing staff which applies to you.
As with all retail of these products, provincial law governs who you may sell to. The municipal licence regulates the premises; it does not change the age and sales rules that apply to electronic cigarettes.
What documents do you need?
The checklist is short. It starts with the completed business licence application form and a valid business registration, corporate profile or master business licence dated within one year of your application.
The third item is a Zoning Verification Certificate or a building permit. Accepting a building permit as an alternative is unusual in this by-law and gives you a second route where a fit-out is already underway.
The addendum route is narrower here than elsewhere. A Zoning Addendum may be completed if the same category of business was previously licensed at the address within one year, but only where the application is for a specialty vape store business and that is or was the principal or only use at that address. A corner of a convenience store that once sold vapes does not open the addendum route for a new vape shop.
Beyond the checklist, plan for the Ministry of Health registration. It is required to obtain a specialty vape licence, and it is a provincial process with its own timeline, so start it early. The City's tobacco licensing staff are the people to ask about what the registration involves.
Zoning and premises requirements
You need either a Zoning Verification Certificate or a building permit for the address. The certificate confirms the zoning permits the use; the permit route reflects the fact that many vape stores open into space that is being renovated.
The Zoning Addendum is available only in defined circumstances: the same category of business must have been licensed at the address within one year, and the application must be for a specialty vape store business where this is or was the principal or only use.
That principal-or-only-use qualifier is the detail to read twice. It means the addendum reflects a genuine continuity of the same kind of store at the same address, rather than any previous sale of e-cigarettes at the premises.
No premise plan or site plan is required for this licence.
Inspections and approvals
Health inspections are the inspections required for this licence, and the request for them is circulated by the Licensing Team after your application has been received.
The checklist refers to health inspections in the plural, so treat this as an ongoing public-health relationship rather than a single visit. A health inspection fee also appears in the renewal structure, which confirms that the inspection recurs.
There is no fire, parking or building inspection on this licence's checklist. The regulatory attention here is public health, which fits a licence about products consumed by people.
How much does it cost?
A new application carries a processing fee, the licence fee and a health inspection fee. HST applies to the processing fee and the health inspection fee; the licence fee is not subject to HST.
Zoning verification, or the addendum where you qualify for it, is charged on top and carries no HST, which is why the fee schedule shows a total with zoning and a total without it.
The health inspection fee for this class is charged at a lower rate than the general tobacco retail health inspection, which is one visible difference between the two Schedule 27 licences.
At renewal you pay the licence fee and the health inspection fee again. A licence allowed to lapse carries a reinstatement fee with HST. All amounts are set in the City's fee schedule and confirmed when you apply.
How to apply
Work out which Schedule 27 licence you need first. A store built around electronic cigarettes is a specialty vape store; a general retailer that also sells tobacco or e-cigarettes needs the tobacco and electronic cigarette retailers licence, and in some cases both are required. The City's tobacco licensing staff can confirm which situation you are in.
Begin the Ministry of Health registration in parallel with your municipal application. It is a separate provincial process and it is required to obtain the licence.
Sort out the address requirement: a Zoning Verification Certificate, or a building permit, or a Zoning Addendum if you meet the narrow principal-or-only-use condition.
Complete the application form, supply a business registration or corporate profile dated within the past year, and file. The Licensing Team then circulates the request for the health inspection or inspections.
Renewals and staying compliant
Renewal requires Declaration B to be completed. There is no in-person attendance requirement and no photo card for this licence.
The renewal structure lists the licence fee together with the health inspection fee, so the health inspection is a recurring part of holding this licence rather than a one-time step.
Keep your Ministry of Health registration current. It is required in order to hold a specialty vape licence, and a lapse in the provincial registration is a problem for the municipal licence.
Renew before the expiry date, because a late licence has to be reinstated and reinstatement carries its own fee with HST added.
Quick quiz: test what you learned
Three questions, all answered in this guide. Click an answer to check it.
1. What extra registration does a specialty vape store need beyond the municipal licence?
Those wishing to obtain a specialty vape licence must also register through the Ministry of Health, which is a separate provincial process.
2. What can be supplied instead of a Zoning Verification Certificate for this licence?
The checklist for this licence accepts a Zoning Verification Certificate or a building permit, which is unusual within the by-law.
3. When can a specialty vape store use the Zoning Addendum route?
The addendum is limited to applications for a specialty vape store business where that is or was the principal or only use at the address.
Skip the paperwork
Tell Permits2Go about your business and it assembles the licence application for you — document checklists, e-signatures and a guided workspace for Hamilton, with more cities on the way.
This guide is general information, not legal or professional advice. Licensing requirements, by-laws and fees change and vary by municipality — always confirm the current rules with the City before you apply.