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

1. Placement Restrictions for Vending Machines

Under Tennessee Code Annotated § 39-17-1507, vape/nicotine vending machines are prohibited in general public areas and may only be placed in:

• Non-public workplaces (e.g., employee break rooms)
• Age-restricted venues (21+) such as:
  • Bars or clubs where minors are not allowed
• Locations with supervision, if:
  • The machine is monitored by the owner or an employee, and
  • It is locked or disabled when the establishment is closed
• Token-operated machines, where the token is issued by staff on-site

Summary: Vape vending machines must be either physically supervised or inaccessible to the general public under 21.

Source: Tenn. Code Ann. § 39-17-1507

2. Licensing & Permitting Requirements

A. Vape Vending Machine Operator License

You must apply annually through the Tennessee Department of Agriculture per Tenn. Code Ann. § 53-12-104.

Requirements:

• Application listing:
  • All vending machine locations
  • Types of products vended
  • Business headquarters address
• $100 annual license fee (renewed August 1st)
• Each machine must display:
  • Your name and address
  • The assigned license number

Source: Tenn. Code Ann. § 53-12-104

B. Tobacco and Vapor Product Sales License

If vending nicotine pouches or vape products, a separate Tobacco License is required through the Tennessee Department of Revenue.

• Applies to retailers and distributors
• Fee: $500 per location
• Renewed annually
• Required for collecting and remitting excise tax on vapor products

Source: Tenn. Code Ann. § 67-4-2602

3. Taxes and Fees

A. Excise Tax on Vapor Products

Per Tenn. Code Ann. § 67-4-2601 et seq.:

• 6.6% tax on the wholesale cost of all vapor products
• Reported monthly using Form TOB 552
• Retailers must register with the Department of Revenue on the TNTAP portal

Notice 23-06: Vapor Product Tax Guidance (2023)

B. Sales and Use Tax

• 7% state sales tax + any local surtax
• Must register for a Sales and Use Tax Permit
• Collected on every retail sale, including via vending machines

4. Responsible State Agencies

5. Local Government Regulation

Per Tenn. Code Ann. § 39-17-1551:

“Local governments shall not regulate the use, distribution, promotion, or sale of tobacco or vapor products.”

Interpretation: Cities and counties may not impose stricter or additional rules for vape vending than the state law.

6. Additional Compliance Requirements

➤ Product Registration Requirement – Aug 1, 2025

• Manufacturers must register each vapor product sold in Tennessee.
• A new “Vapor Product Directory” will be maintained by the Department of Revenue.
• Only products on the directory may be legally sold after that date.

Vapor Product Manufacturer Notice

➤ Labeling & Signage

All vending machines must display:

“Sale of tobacco and vapor products to persons under 21 is prohibited. Proof of age required.”
(Tenn. Code Ann. § 39-17-1506)

Also, your license information must be affixed to each machine per TDA rules.

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