Considering becoming a vape vending machine host in Kansas? 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 Kansas.

PLACEMENT RESTRICTIONS FOR VENDING MACHINES

Restrictions on Vending Machine Location:

Vape and nicotine product vending machines are governed under the same restrictions as other tobacco product vending machines in Kansas:

Kan. Stat. Ann. § 79-3321(m):

“No cigarettes or tobacco products shall be sold by means of a vending machine except in places where the placement and operation of such machines are under the direct control of the owner or lessee of the premises or an employee thereof and are in the direct view of such persons at all times during the operation of the vending machines.”

This means:

• Machines must be in view of an employee or owner.
• Alternatively, placement is permitted only in adult-only facilities (e.g., bars or age-restricted clubs).

Kansas does not currently permit vending machine placement in:

• Unattended areas
• Public places accessible to youth
• Schools or childcare centers

Definition Inclusion:
Per Kan. Stat. Ann. § 79-3301(s):

“‘Tobacco product’ means... any electronic cigarette, electronic cigar, electronic pipe... or any other device that can be used to deliver nicotine in vaporized form.”

Thus, all rules governing tobacco vending machines apply equally to vape vending machines.

LICENSING AND PERMITTING REQUIREMENTS

Required Licenses:

All vape and nicotine product vending in Kansas requires retail dealer licensing through the Kansas Department of Revenue.

Kan. Stat. Ann. § 79-3303(a):

“No person shall engage in the business of selling or distributing cigarettes or tobacco products at retail without having first obtained a license for each place of business.”

If vending through machines, each vending location is considered a separate place of business.

License Term and Display:

• Must be renewed annually
• Must be publicly posted at each vending location
• Separate license per machine/location if not inside a main retail facility

👉 Apply through: Kansas Department of Revenue Tobacco Licensing Portal

TAXES AND FEES

Excise Tax:

Kan. Stat. Ann. § 79-3399(1)(A):

“An excise tax is imposed on the privilege of selling or dealing in electronic cigarettes at the rate of $0.05 per milliliter of consumable material.”

• This includes closed cartridges and open bottle refill systems
• Paid by wholesalers or distributors, but may affect pricing for retail vending

Sales Tax:

• Standard state sales tax: 6.5%
• Local sales taxes may apply depending on city/county (e.g., in Wichita or Kansas City, total can exceed 9%)

Retail vending operators must register to collect and remit sales tax with the Kansas Department of Revenue.

REGULATORY AGENCIES

The following Kansas entities regulate or enforce vape vending:

MUNICIPAL & LOCAL ORDINANCES

City-Specific Bans or Conditions:

While state law governs the overall framework, cities may impose stricter rules. Examples:

• Wichita, KS: Vending of nicotine and vapor products is prohibited in public parks and recreation facilities.
• Lawrence, KS: Has adopted ordinances consistent with state tobacco age limits and enforcement by local police.

Always verify vending machine use with the city clerk's office or local zoning board where the machine will be placed.

OTHER LEGAL REQUIREMENTS

Minimum Age Law:

Federal law (21 U.S.C. § 387f(d)(5)) and Kansas law require that no vapor or nicotine product be sold to persons under 21.

Kan. Stat. Ann. § 21-6109:

“It shall be unlawful... to sell, furnish or distribute any tobacco product, electronic cigarette or liquid nicotine container to any person under 21 years of age.”

Free Samples:

Kan. Stat. Ann. § 79-3321(k):

“No person shall distribute without charge samples of cigarettes or tobacco products in or on any public street, sidewalk, or park.”

This includes nicotine pouches and vapes.

Packaging:

All vape products must comply with federal FDA packaging standards, including:

• Child-resistant packaging
• Nicotine warning labels

Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official Kansas government resources for the most current regulations.