Vape Vending Machines Sales Laws and Regulations in Nevada

Thinking of Launching a Vape Vending Machine in Nevada?
Here’s What You Need to Know First

Considering becoming a vape vending machine host in Nevada? 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.VapeTMWhether 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 Nevada.

1. Placement Restrictions

Access by Minors Prohibited

“Cigarette vending machines may be placed in a public area only if persons who are under 21 years of age are prohibited from loitering in that area.”
Nev. Rev. Stat. § 202.2494

“It is illegal to sell vapor products to persons under the age of 21 in the State of Nevada.”
NRS § 202.2494 and related enforcement policy

Product Exclusivity Requirement

“A coin-operated vending machine containing cigarettes must not be used to dispense any product not made or derived from tobacco.”
Nev. Rev. Stat. § 202.2494

This would prohibit dual stocking of non-nicotine snacks or drinks in vape vending machines.

2. Licensing & Permitting Requirements

Vending Machine Operator License

“A license issued by the Nevada Department of Taxation is required to engage in business as a cigarette vending machine operator in Nevada.”
Nev. Rev. Stat. § 370.567(1)

  • Application Website: https://tax.nv.gov
  • License Type: “Cigarette Vending Machine Operator”
  • Fee: Determined annually. See the “Cigarette Tax Return and Licensing” section on SilverFlume.

Retail Notification Sign Requirement

All locations selling vapor products, including via vending, must:

“Prominently display a notice at the point of sale indicating that the sale of... vapor product, alternative nicotine product... to persons under 21 years of age is prohibited by law.”
NRS § 202.2494

3. Excise Taxes & Sales Tax

Excise Tax on Nicotine Products

Though the specific tax rate is not quoted in the source file, Nevada imposes a tax on “other tobacco products,” which the Department of Taxation treats to include certain vapor products.

For vapor products:

  • Excise taxes generally apply per milliliter or as a percentage of wholesale or retail price, depending on format.
  • Contact:
    Nevada Department of Taxation, Excise Tax Division
    Phone: (775) 684-2000
    Website: https://tax.nv.gov

Sales Tax

Vape and nicotine products are subject to:

  • State Sales Tax: 6.85% base rate
  • Plus: Additional county or city sales tax, ranging total from 6.85% to 8.375% depending on location.

You must register via Nevada SilverFlume to collect and remit sales tax:

4. State Departments / Regulatory Agencies

Regulatory Function Agency Contact
Business licensing Nevada Secretary of State nvsilverflume.gov
Sales/Excise Tax Nevada Department of Taxation (775) 684-2000
Tobacco enforcement Nevada Attorney General's Office ag.nv.gov
Local licensing Varies by city
(e.g., Clark County)
clarkcountynv.gov

5. Local/Municipal Considerations

Las Vegas/Clark County

  • Vending machines dispensing nicotine products may require:
    • County-level vending permits
    • Zoning clearance for use in adult-only venues
  • Contact: Clark County Business License

Check local municipal code for:

  • Distance restrictions from schools
  • Business licensing tiers
  • Permit transfer rules (if machine is relocated)

6. Additional Legal & Compliance Notes

Packaging

“All vapor products must be sold in unopened packages which originated with the manufacturer and bear any health warnings required by federal law.”
Nev. Rev. Stat. Section 202.2494

Self-Service Warning

Even in a vending setting, the machine must:

  • Not be accessible to anyone under 21
  • Not be stocked with any non-tobacco/nicotine items
  • Be located in a supervised or age-restricted location

Summary Compliance Checklist (Nevada Vape Vending)

Requirement Status
Vending Operator License ✅ Required under NRS 370.567
Machine Placement in 21+ Area ✅ Required under NRS 202.2494
Excise Tax Registration ✅ Required with Dept. of Taxation
Sales Tax Registration ✅ SilverFlume / Nevada Tax Center
Prohibited from Mixed Stocking ✅ Must only vend tobacco / nicotine
Signage at Point of Sale ✅ Required (Under 21 Warning)

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

 

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