Vape Vending Machines Sales Laws and Regulations in California
Thinking of Launching a Vape Vending Machine in California?
Here’s What You Need to Know First
Considering becoming a vape vending machine host in California? Familiarize yourself with the current state laws to ensure compliance and successful operations. Here's a quick breakdown of current state regulations for vapor products, vape machines, and sales.Whether you're a retailer, entrepreneur, or operator, understanding these regulations is essential not only for compliance but also for safeguarding your investment. Below is a detailed guide that breaks down the current rules, requirements, and best practices for operating a vape vending machine in California.
1. Placement Restrictions (Vape/Nicotine Vending Machines)
Legal Statute:
Cal. Bus. & Prof. Code § 22960:
“No cigarette or tobacco product shall be sold from a vending machine unless the machine is located in an area of the premises that is barred to minors, such as a bar or private club where entry is restricted to persons 21 and older.”
Additional Requirement:
- The vending machine must be placed at least 15 feet away from any entrance accessible to the public.
- Self-service displays of any vape/nicotine product are banned, unless in adult-only tobacco retailers or 21+ establishments.
Prohibited Locations:
- Gas stations
- Convenience stores
- Public-facing lobbies or retail settings accessible to minors
Permitted Locations:
- Bars (21+ only)
- 21+ private clubs
- Vape lounges or adult tobacco stores
2. Licensing & Permitting Requirements
Required License:
California Cigarette and Tobacco Products Retailer’s License
Governing Law: Cal. Bus. & Prof. Code § 22972
Issuing Authority:
California Department of Tax and Fee Administration (CDTFA)
Conditions:
- Required before selling or vending vape/nicotine/tobacco products.
- One license per location (including per vending machine site).
- Must renew annually.
- Display license at the vending location.
Fees:
- Retailer License: $265 (as of CDTFA rates; subject to change).
- Wholesale Distributor License (if also distributing): Separate application and fee.
3. Applicable Taxes & Fees
Sales Tax:
Standard state sales tax (7.25% statewide base, plus local rates).
Tobacco Products Excise Tax:
Imposed under Cal. Rev. & Tax Code § 30123:
- Applies to vape liquids containing nicotine.
- Tax rate is equivalent to the cigarette tax, which is adjusted annually (as of 2025, approximately 56.93% of wholesale cost).
Who Remits:
- Retailers selling tax-paid products from licensed distributors are not required to file excise taxes separately.
- Distributors or manufacturers must pay excise tax and apply the tax stamp or report via CDTFA.
Nicotine Pouches:
If derived from tobacco, they are considered “tobacco products” and are taxable under the same structure.
4. Regulatory Authorities
Agency | Role |
---|---|
CDTFA | Licensing, excise tax enforcement |
California Department of Public Health (CDPH) | Youth access and public health regulation |
California Attorney General | Civil enforcement of illegal sales, flavored bans, etc. |
Additional local agencies may include:
- City/County health departments
- Business license divisions
5. Local Ordinances (City-Specific Restrictions)
Cities and counties may impose additional rules:
🔹 San Francisco
- Bans all e-cigarette sales that haven’t received FDA premarket authorization (most products).
- Requires additional tobacco permit from the SF Department of Public Health.
🔹 Los Angeles
- Bans flavored tobacco products including vape and nicotine pouches.
- Requires a Tobacco Retailer License from LA County Public Health.
🔹 Berkeley
- Full ban on flavored products.
- Additional city-level permits apply.
You must check zoning, permitting, and public health ordinances with each city or county where you intend to place a machine.
6. Other Key Legal Requirements
-
Flavored Product Ban:
Cal. Health & Safety Code § 104559.5 bans all flavored tobacco products, including:- Fruit
- Mint
- Menthol
- Candy/dessert
- Concept flavors
- Applies to both vape and nicotine pouches
-
Age Verification Requirement:
Sale to persons under 21 is prohibited (no exception). Machines must be inaccessible to minors. -
Signage Required:
Signs must be clearly posted stating:
“It is illegal to sell tobacco or vape products to persons under 21 years of age.”
Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official California government resources for the most current regulations.
Questions? Call us at +1 888-537-8273