Vape Machine Laws and Permits in South Carolina
South Carolina Vape Vending Laws and Regulations
Understanding the legal landscape for vape vending machines in South Carolina is crucial for business owners, especially those operating in major cities like Charleston, Columbia, Greenville, and Myrtle Beach, as well as establishments near college campuses.
The information provided here is for informational purposes only and should not be construed as legal advice. We encourage you to consult with your own attorney regarding any legal matters and to verify all details independently. Any reliance on this information is at your own risk.
Key Laws for Vape Sales in South Carolina
Minimum Age Requirement
It is illegal to sell or provide free samples of vapor products to individuals under the age of 18. (SC Code Section 16-17-500(A)
Note: As of December 2019, federal law raised the minimum age to purchase tobacco products, including vapor products, to 21
Vape Vending Machine Regulations
Vape vending machines are permitted in South Carolina but there are placement restrictions.
Allowed Locations:
- Age-Restricted Venues: Vending machines may be located in establishments open only to individuals aged 18 and older.
- Supervised Use: Machines in other locations must:
- Be under continuous supervision by the owner, licensee, or their employee.
- Require activation by the owner, licensee, or employee for each purchase.
- Be inaccessible to the public when the establishment is closed.
"(D) It is unlawful to sell a tobacco product or an alternative nicotine product through a vending machine unless the vending machine is located in an establishment:
(1) which is open only to individuals who are eighteen years of age or older; or
(2) where the vending machine is under continuous control by the owner or licensee of the premises or an employee of the owner or licensee, can be operated only by activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed." (SC Code Section 16-17-500(D)
There is No Statewide License for Vape Vending Machines Sales
Currently, South Carolina does not require a specific license to sell vapor products through vending machines. Businesses should consult the South Carolina Department of Revenue or their local municipality to determine if a vending machine permit is required for their specific city or county.
Excise Tax
- South Carolina does not impose an excise tax on vapor products.
- Ordinary sales tax rates apply.
Local Regulations Preemption
- Effective May 16, 2023, South Carolina enacted a law preventing cities, counties, or towns from creating new laws related to:
- Ingredients or flavors of vapor products.
- Licensing beyond general business licenses.
- Any other rules specific to vapor or tobacco products.
- Exemptions: Local regulations enacted before December 31, 2020, remain valid. (SC Code § 44-95-45)
Getting Started: Operating Vape Vending Machines in South Carolina
1. Establishing Your Business in South Carolina
SCDOR-111 Form
Purpose: The SCDOR-111 serves as a tax registration application with the South Carolina Department of Revenue.
Who Needs It: Any business that will be registering for state taxes (e.g., sales and use tax, withholding tax, nonresident withholding exemptions).
How to Complete:
Online: Fill out the form directly through MyDORWAY.dor.sc.gov.
Printable Version: The form can also be downloaded and filed by mail or in person.
Get Started: Click here to fill out the SCDOR-111 form
2. Obtain a Resale Certificate ST-8A
Purpose: The ST-8A resale certificate allows a business to make tax-exempt purchases for resale in South Carolina.
Who Needs It: If you buy products to resell (including vapor products), you typically need to provide your supplier with the ST-8A form.
How to Complete: Download the form, fill in your business details, and provide it to your supplier.
Download Link: South Carolina ST-8A Resale Certificate Form
