Iowa Vape Vending Machines - Placement Restrictions

📘 Iowa's Definition of E-Cigarette / Vapor Product

Iowa Code § 453A.1(29) (2024) defines a "vapor product" as:

“Any noncombustible product, which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other substance [including] an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any cartridge or other container of a solution or other substance, which may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.”

🧾 Retailer Permits, Fees, and Penalties

Iowa Code § 453A.47A (2025)

🔹 1. Permit Requirement

“A person shall not engage in the business of a retailer of tobacco, tobacco products, alternative nicotine products, or vapor products at any place of business, or through delivery sales, without first having received a permit as a retailer.”

🔹 2. No Sales Without Permit

“A retailer shall not sell any tobacco, tobacco products, alternative nicotine products, or vapor products until an application has been filed and the fee prescribed paid for a permit and until such permit is obtained and only while such permit is not suspended, unrevoked, or unexpired.”

🔹 3. Number of Permits

“An application shall be filed and a permit obtained for each place of business owned or operated by a retailer located in the state. If an out-of-state retailer makes delivery sales of alternative nicotine products or vapor products, an application shall be filed with the department and a permit shall be issued for the out-of-state retailer’s principal place of business.”

🔹 4. Dual Permit Requirement and Suspension Clause

“A retailer, as defined in section 453A.1, who holds a permit under subchapter I of this chapter is not required to also obtain a retail permit under this subchapter. However, if a retailer… only holds a permit under subchapter I… and that permit is suspended, revoked, or expired, the retailer shall not sell any tobacco… during the time which the permit is suspended, revoked, or expired.”

🔹 5. Separate Permits for Distributors/Subjobbers

“A separate retail permit shall be required of a distributor or subjobber if the distributor or subjobber sells… at retail.”

🔹 6. Permit Issuance

“Cities may issue retail permits to retailers located within their respective limits. County boards of supervisors may issue retail permits… outside of the corporate limits of cities.”

🔹 7. Fees — Expiration

“All permits provided for in this subchapter shall expire on June 30 of each year.”
“The fee for retail permits is as follows when the permit is granted during the month of July, August, or September:
(1) In places outside any city, fifty dollars.
(2) In cities of less than fifteen thousand population, seventy-five dollars.
(3) In cities of fifteen thousand or more population, one hundred dollars.”

“If any permit is granted during… October–December: three-fourths of the maximum;
January–March: one-half;
April–June: one-fourth.”

🔹 8. Refunds

“An unrevoked permit… may be surrendered… and the city or county… shall make refunds as follows:

  • ¾ of the annual fee if surrendered in July–September

  • ½ in October–December

  • ¼ in January–March”

🔹 9. Application Requirements

“Retail permits shall be issued only upon applications… made upon forms furnished by the department…”

Required information includes:

  • Business structure

  • Place of business and principal office

  • Up to three officers/members (if non-individual)

  • “Such other information as the director shall by rules prescribe.”

🔹 10. Recordkeeping

“The director… may require uniform books and records to be used and kept…
Every retailer shall… furnish full and complete information pertaining to any transaction… involving the purchase or sale or use of… vapor products.”

🔹 11. Penalties

“The permit suspension and revocation provisions and the civil penalties established in section 453A.22 shall apply… in addition to any other penalties…”

🚫 Unlawful Acts

Iowa Code § 453A.36 (2025) prohibits the following:

🔸 Possession/Sale Without Tax Stamps

“It is unlawful for any person to have in the person’s possession for sale… cigarettes upon which a tax is required to be paid… without having affixed… the proper stamp…”

🔸 Unauthorized Transport

“No person… shall transport within this state cigarettes… without having stamps affixed…”

🔸 Sale of Single Cigarettes or Non-Sealed Packs

“It shall be unlawful… to sell or distribute any cigarettes… that are not contained within a sealed carton, pack, or package… which… bears the health warning that is required by federal law.”

🔸 Use or Possession of Counterfeit Products

“It is unlawful for a person to ship or import into this state… or possess… counterfeit cigarettes…”

🔸 Unlicensed Retail Activity

“It shall be unlawful for a person other than a retailer… who holds a valid retail permit… to sell… vapor products at retail.”

🏪 Vending Machine Restrictions

“Tobacco… products… shall not be sold through a vending machine unless the vending machine is located in a place where the retailer ensures that no person younger than twenty-one years of age is present or permitted to enter at any time.”

📋 Retail Licensing Summary

“A person shall not engage in the business of a retailer of tobacco, tobacco products, alternative nicotine products, or vapor products at any place of business, or through delivery sales, without first having received a permit as a retailer.”
(Iowa Code §§ 453A.36 & 453A.47A)