Vape Vending Machines Sales Laws and Regulations in Nevada

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