Georgia E-Cigarette Vending Regulations

1. Overview of Georgia’s Legal Framework for Vaping & Tobacco Products

A. Definitions & Minimum Age Requirements

  • O.C.G.A. § 16-12-170 – Provides definitions for terms such as “tobacco product,” “alternative nicotine product,” and “vapor product.”
  • O.C.G.A. § 16-12-171 – Sets out prohibited acts, including sales to individuals under 21 and requirements for vending machine placement and signage.

B. Vending Machine Restrictions

  • O.C.G.A. § 16-12-171(c)(1) – Prohibits placing vending machines in areas accessible to anyone under 21 unless the machine is supervised by an employee for age verification.
  • O.C.G.A. § 16-12-171(b)(3) – Requires conspicuous signage stating that the sale of these products to anyone under 21 is prohibited.

C. Licensing Requirements (State & Local)

  • State License – Under O.C.G.A. Title 48, Chapter 11, all dealers of tobacco (including vapor products) must obtain a license from the Georgia Department of Revenue (DOR).
  • Local Permits – Cities and counties often require additional local permits or business licenses; check with the municipal or county clerk’s office for details.

D. Enforcement & Penalties

  • O.C.G.A. § 16-12-171(e) – Violations of age-verification or vending machine placement rules can lead to fines ranging from $300 to $1,000 and potential suspension or revocation of licenses for repeated offenses.

2. How to Register for a Georgia Tobacco, Vapor Products, and/or Alternative Nicotine Products License Through GTC

Below is a step-by-step process to apply for your license within an existing Georgia Tax Center (GTC) account. These instructions are provided by the Georgia Department of Revenue:

Prerequisite

  • You must already have a registered Georgia Tax Center (GTC) account. If you do not, visit https://dor.georgia.gov/ for instructions on creating one.

    Step 1: Log into Your GTC Account

    1. Go to https://gtc.dor.ga.gov.
    2. Enter your credentials to log in.

    Step 2: Access the “I Want To” Menu

    1. Once logged in, locate the “I Want To” column.
    2. Click on “See more links” to expand the options.

    Step 3: Register a New Tax Account

    1. Click on “Register a New Tax Account.”

    Step 4: Select the Account Type

    1. From the list of account types, choose “Tobacco.”
    2. Click Next to continue.

    Step 5: Address Information – New or Existing

    Depending on your situation, you will either add a new address or select an existing address:

    1. New – If you are applying for a retail license and this is a new address, you must first apply for a Sales and Use Tax Account for that same location.

      • Indicate whether the Mailing Address is the same or not.
        • Select Yes if the mailing address is the same as the business address.
        • Select No if you need to enter a separate mailing address.
      • Click Next to continue.

    2. Existing – If you already have this business location on file (for instance, you have an existing Sales and Use Tax Account for it), select “Use this address” for the location where you will be selling tobacco, vapor, or alternative nicotine products.

      • Note: If you are applying for a retail license, you must select an address that already has a Sales and Use Tax account.

    Step 6: Enter Tobacco License Details

    1. Start Date: Select the date you plan to begin selling these products.
    2. License Type: Choose Retail, Manufacturer, Wholesaler, or Importer.
      • Note: If you select Manufacturer, Wholesaler, or Importer, you will be prompted to enter bond details (not pictured in the example).
    3. License Pickup or Mail: Indicate whether you will pick up the license or prefer it sent by mail.
    4. Tobacco License Sales Types: Choose the type(s) of product(s) you intend to sell:
      • Tobacco Products
      • Vapor Products
      • Alternative Nicotine Products
    5. Criminal History Question: Answer whether you have ever been arrested (Yes or No).
    6. Acquisition of Business: If you acquired the business in its entirety from another entity, answer Yes or No.

    Step 7: Licensee Information – Existing or New

    1. Existing Licensee
      • If the licensee (responsible party) is already in the system, select the correct entry and check “Use this Licensee.”
    2. New Licensee
      • Select whether the licensee is a Business or an Individual.
      • Provide the required information:
        • Social Security Number (if individual),
        • Name and Address of the person or entity responsible for the license,
        • Age Information: Indicate whether the licensee is over 21,
        • Residency Status from the drop-down menu,
        • Date of Birth for the licensee (if individual).

    Step 8: Payment Information

    You can pay the licensing fee via:

    1. ACH Debit

      • Select Bank Account Type (Checking or Savings).
      • Enter the Routing Number and Account Number, then confirm.

    2. Credit Card

      • A third-party vendor called “Official Payments” will send you a link via email to submit your credit card payment.

    Step 9: Officers

    1. Confirm any Officers listed for the business.
    2. Click the Red Dot next to the officer who will be responsible for submitting the citizenship affidavit in support of the license.

    Step 10: Attachments

    1. Under the column titled “Minimum Required,” attach any required documents (e.g., citizenship affidavit, bond paperwork for Wholesalers/Manufacturers, etc.).
    2. Click “Add Attachments” to upload from your computer.
    3. Choose the Attachment Type and follow prompts to complete the upload.

    Step 11: Review & Submit

    1. Review all details for accuracy.
    2. Click on “Submit.”

    Step 12: Confirmation Page

    1. A Confirmation Page will appear, which you can print for your records.
    2. You will also receive email confirmation or updates in your GTC message center.

    3. Practical Compliance Tips & Final Reminders

    1. Place Vending Machines Correctly

      • Only in 21+ areas or under direct employee supervision, in compliance with O.C.G.A. § 16-12-171(c)(1).

    2. Post Required Signage

      • Display a visible sign on any machine or at the point of sale: “The purchase of these products by any person under 21 years of age is prohibited” (O.C.G.A. § 16-12-171(b)(3)).

    3. Keep Track of Local Requirements

      • Some municipalities or counties have additional zoning or distance requirements (e.g., distance from schools or religious institutions).

    4. Renew Licenses Promptly

      • Keep track of renewal dates and ensure you maintain compliance with all local and state requirements to avoid fines or revocation.

    5. Stay Informed on Legislative Updates

    4. Key Statutes & References

    • O.C.G.A. § 16-12-170 – § 16-12-171: Definitions, age restrictions, unlawful acts, vending machine requirements.
    • O.C.G.A. Title 48, Chapter 11: Tobacco tax and licensing provisions for Georgia.
    • Georgia Department of Revenue (dor.georgia.gov): Updates on license application procedures, forms, and payment methods.
    • Georgia Tax Center (GTC) (gtc.dor.ga.gov): Portal to register new tax accounts, manage existing accounts, and apply for or renew licenses.

    Disclaimer

    This document is for informational purposes only and does not constitute legal advice. Statutes and regulations may be amended, and local ordinances can impose additional requirements. Always consult the current version of the Official Code of Georgia Annotated (O.C.G.A.) and verify procedures with the Georgia Department of Revenue or a qualified attorney to ensure full compliance.