Arkansas Vape Vending Machine Laws and Regulation

Understanding Laws, Licensing, Regulation of Vape and Zyn Vending Machines in Arkansas

1. Placement Restrictions

General Rule

  • Unlawful in Public Places: Arkansas law broadly prohibits placing a tobacco or vapor product vending machine in any public place.

    SeeArk.CodeAnn.§5−27−227and§26−57−254;alsoreferencedonlaw.justia.com.See Ark. Code Ann. § 5-27-227 and § 26-57-254; also referenced on law.justia.com.

Exceptions

Vending machines may only be placed in one of the following scenarios:

  1. Restricted, Non-Public Employee Areas

    • A “restricted area within a factory, business, office, or other structure to which the general public is not given access.”

    • Typically means employees-only break rooms or behind locked doors that the public cannot freely enter.

  2. Adults-Only Alcohol-Serving Venues

    • A bar or other premises licensed to serve alcohol for on-site consumption, which strictly prohibits entry by anyone under 21.

  3. Supervised Locations

    • A location where the machine is under the direct supervision of the owner or an employee (i.e., in line of sight). An employee must actively monitor the machine while it is in use.

In effect, no self-service is permitted in open public areas. Either it must be in an 18+/21+ restricted section or directly monitored.

2. Licensing & Permits

Tobacco Retail Permits

  • Permit Required for Each Location: Any business selling tobacco or vape products in Arkansas—including sales via vending machines—must obtain a retail permit issued by the Arkansas Tobacco Control Board.

  • Separate Permits: If you operate multiple machines in different locations, each location typically needs its own permit.

  • Machine Labeling & Compliance: Vending machine owners must label each machine with their name and address, maintain required tax stamps, and comply with all regulations issued by Arkansas Tobacco Control.

For further details on permitting, consult the Arkansas Tobacco Control Board rules and Ark. Code Ann. § 26-57-201 et seq.

3. Access Controls & Operational Requirements

  1. Age-Restriction Signs

    • A conspicuous sign must be placed on each vending machine stating that the sale of tobacco/vape products to minors is illegal.

  2. Machine Contents

    • Vending machines may dispense only tobacco or vapor products (and matches). They cannot dispense mixed merchandise or non-tobacco items alongside tobacco products.

  3. Supervision in Allowed Areas

    • If placed in a supervised location, an employee or owner must observe the machine at all times. This is to ensure no underage customers access it.

  4. Self-Service Restrictions

    • Arkansas outlaws self-service tobacco displays that customers can directly access, except in adults-only tobacco stores. This supports the general requirement of either restricting minors’ access or supervising the location.

4. Penalties & Enforcement

  1. Violations by Permit Holders

    • A permit holder violating vending machine laws can face administrative penalties under Ark. Code Ann. § 26-57-256.

    • The Arkansas Tobacco Control Board may levy fines (e.g., $250 for a first offense, up to $1,000 for repeated offenses) and may suspend or revoke a retailer’s tobacco permit.

  2. Criminal Penalties

    • Selling or providing tobacco/vape products to a minor can result in a misdemeanor, with fines up to $100 for a first offense if committed by an employee.

    • Repeat offenses carry increasing penalties and may trigger more severe administrative sanctions.

5. Key Takeaways

  1. Public Placement is Essentially Prohibited: Vending machines are generally not allowed in areas accessible to the public unless in a 21+ alcohol-licensed venue or an 18+ employees-only area.

  2. Separate Permit Required: Every vending machine location must have a tobacco retail permit from the Arkansas Tobacco Control Board.

  3. Supervision or Restricted Access: If the machine is not in an adults-only area, it must be directly monitored by an owner or employee.

  4. Signage & Single-Product Rule: You must display proper age warnings, and you cannot mix non-tobacco products with tobacco or vape items in the same machine.

  5. Significant Fines & Possible Revocation: Violations can result in fines, suspension, or revocation of your tobacco permit, and potentially criminal liability if minors are involved.

Disclaimer

This summary is not legal advice. For specific compliance questions or to confirm the latest provisions, always consult the Arkansas Code, the Arkansas Tobacco Control Board, or an attorney well-versed in Arkansas tobacco-control laws.