California Laws on E-Cigarettes

Are Vape Vending Machines Legal in the State of California?

In California, the placement of vending machines that sell electronic cigarettes (e-cigarettes) is regulated under specific provisions of the state law. According to California Business and Professions Code § 22960(b)(1), vending machines dispensing tobacco products, including e-cigarettes, are only allowed in establishments that have been issued an on-sale public premises license as defined by Section 23039 of the Department of Alcoholic Beverage Control. This type of license typically pertains to bars that serve alcoholic beverages.

Regulations on Vending Machine Placement

• Distance Requirement: Vending machines must be positioned at least 15 feet away from the entrance of the licensed premises. The specific regulation states:

“Cigarette or tobacco product vending machines or appliances may be located at least 15 feet away from the entrance of a premise issued an on-sale public premises license...to sell alcoholic beverages.”
(California Business and Professions Code § 22960(b)(1))

Furthermore, Section 23039 clarifies that an on-sale public premises license is granted to establishments where minors are not permitted to enter or remain. Although this section does not explicitly state that vending machines are limited to bars, the interpretation aligns with these provisions to ensure vending machines selling tobacco products are restricted to adult-only environments to prevent access by minors.

Purpose of Regulations

These legal requirements aim to control the placement of such machines and reinforce the state's commitment to restricting youth access to tobacco products. Compliance with these laws is crucial to avoid potential legal penalties.

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Steps to Get Licenses and Sales Tax Permits for E-Cigarette Vending Machines in California

1. Seller's Permit: Required for businesses selling tangible personal property, including e-cigarettes. This permit allows for the collection of sales tax. Apply Here
2. Cigarette and Tobacco Products Retailer's License: Obtain this additional license to sell e-cigarettes in California. Register Here
3. Local Tobacco Retailer License: Many cities and counties require a local license. Contact your local government for specific requirements.
4. Compliance with Placement Restrictions: Ensure vending machines are positioned in accordance with § 22960(b)(1) , allowing placement only in licensed adult-only establishments, and at least 15 feet from the entrance.
5. Sales Tax Collection and Reporting: Retailers are responsible for collecting and remitting sales tax on e-cigarette sales.
6. Additional Considerations:
   • Age Verification: Implement measures to prevent sales to individuals under 21, as required by law.
   • Signage: Post required age-of-sale warning signs at your vending machine locations.

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Disclaimer

This information is for informational purposes only and does not constitute legal advice. Laws and regulations are subject to change, and interpretations may vary. For advice specific to your business or situation, please consult a licensed attorney or legal professional.

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Citations:

• California Department of Tax and Fee Administration. "Alcoholic Beverage Tax Law - Sec. 23039." California Department of Tax and Fee Administration , https://www.cdtfa.ca.gov/lawguides/vol3/abtl/abtl-code-23039.html . Accessed 3 Nov. 2024.
• "Business and Professions Code § 22960." California Legislative Information , https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=22960 . Accessed 3 Nov. 2024.