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.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 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:
- https://www.nvsilverflume.gov
- File monthly or quarterly returns depending on revenue.
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.
Questions? Call us at +1 888-537-8273