Vape Vending Machines Sales Laws and Regulations in New Hampshire

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

Considering becoming a vape vending machine host in New Hampshire? 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 New Hampshire.

1. Licensing and Permitting – Legal Requirements

Statutory Requirement:

  • N.H. Rev. Stat. Ann. § 78:2, I:

“No person shall sell, offer to sell, or possess with intent to sell tobacco products at retail in this state without a license issued by the department.”

  • N.H. Rev. Stat. Ann. § 78:2, I-a:

“Electronic cigarettes, e-liquids, and other similar nicotine-delivery products are deemed tobacco products for purposes of this chapter.”

  • License Type: Tobacco Retail License

Specifics for Vending Machines:

  • Each vending machine is treated as a separate retail location per New Hampshire DRA policy and must be licensed individually.
  • Licenses are issued annually and expire on June 30 of each year.
  • Violations of licensing rules are subject to fines under § 78:10 (Penalty for Operating Without a License).

Application Portal:

2. Placement Restrictions for Vape Vending Machines

N.H. Rev. Stat. Ann. § 126-K:8:

“It shall be unlawful to sell or distribute tobacco products or e-cigarettes by means of vending machines, except in locations to which persons under 21 years of age are denied access at all times.”

This statute prohibits placement in any establishment accessible to minors, regardless of supervision or ID mechanisms.

Allowed:

  • Bars and nightclubs (21+ only)
  • Private clubs with age restriction policies
  • Employees-only areas with enforced age restriction

Prohibited:

  • Gas stations
  • Convenience stores
  • Restaurants (unless entire premises is 21+)

3. Taxes and Fees

Excise Tax on Vape Products:

  • Per N.H. Rev. Stat. Ann. § 78:2, I-a:

“Electronic cigarettes and e-liquids shall be taxed at the rate of 30 cents per milliliter of e-liquid sold.”

No General Sales Tax:

  • New Hampshire does not impose a state sales tax, so only the excise tax applies to vape product vending machine sales.

4. Regulatory Bodies

Agency Jurisdiction Contact Info
Department of Revenue Administration (DRA) Licensing,
Excise Tax		 revenue.nh.gov
(603) 230-5920
Liquor Commission – Division of Enforcement Age restriction
enforcement		 nh.gov/liquor
Dept. of Health and Human Services – Tobacco Prevention Youth access
prevention & signage		 dhhs.nh.gov

5. Signage Requirements

Per N.H. Rev. Stat. Ann. § 126-K:7:

A sign must be prominently displayed on or near the vending machine stating:
“No person under the age of 21 may purchase tobacco products or e-cigarettes.”

Signage must be legible and conspicuous at point of sale or on machine housing.

6. Business and Tax Registration

Before beginning vending operations, businesses must:

  1. File Form NH-REG to register the vending machine business for tax purposes.
    1. File at: https://quickstart.sos.nh.gov/
  2. Provide a Business Identification Number (BIN) and attach it to the DP-31 Tobacco License Application.
  3. Post a visible vendor statement on each machine:

“This vending machine is operated by [Company Name], [Business Address], NH Tobacco License #[XXXXXX]”

7. Municipal Ordinances

  • Preemption: New Hampshire law does not allow local municipalities to adopt stricter ordinances than the state with regard to vending of tobacco/vape products.
  • There are no known city-specific regulations that supersede N.H. Rev. Stat. Ann. § 126-K:8, but operators are advised to verify zoning and business license rules with:
    • Local Town Clerk
    • City Planning or Licensing Department

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

 

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