Vape Vending Machines Sales Laws and Regulations in Utah
Thinking of Launching a Vape Vending Machine in Utah?
Here’s What You Need to Know First
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.
Summary: Nightlife Vending ONLY
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
Utah Code § 26B‑7‑512 (2024) — Requirements for the sale of tobacco product, electronic cigarette product, or nicotine product
(1) A tobacco retailer shall:
(a) provide the customer with an itemized receipt for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies:
(i) the name of the tobacco product, the electronic cigarette product, or the nicotine product;
(ii) the amount charged for each tobacco product, electronic cigarette product, or nicotine product; and
(iii) the date and time of the sale; and
(b) maintain an itemized transaction log for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies:
(i) the name of the tobacco product, the electronic cigarette product, or the nicotine product;
(ii) the amount charged for each tobacco product, electronic cigarette product, or nicotine product; and
(iii) the date and time of the sale.
(2) The itemized transaction log described in Subsection (1)(b) shall be:
(a) maintained for at least one year after the date of each transaction in the itemized transaction log;
(b) made available to an enforcing agency or a peace officer at the request of the enforcing agency or the peace officer; and
(c) in addition to any documentation required under Section 59‑1‑1406 and Subsection 59‑14‑805(2).
Utah Code § 26A‑1‑128 (2024) — Local health department enforcement for tobacco/e‑cig/nicotine permits
(1) A local health department:
(a) shall enforce the requirements of Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products;
(b) may enforce licensing requirements for entities that hold a business license to sell a tobacco product, an electronic cigarette product, or a nicotine product under Section 10‑8‑41.6 or Section 17‑50‑333; and
(c) may recommend to a municipality or county that the business license of a retail tobacco specialty business be suspended or revoked for a violation of Section 10‑8‑41.6, Section 17‑50‑333, or Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products.
Utah Code § 76‑10‑105.1 (2023) — Face‑to‑face sale requirement, minors and vending machines
(1) As used in this section:
(a) ‘Face‑to‑face exchange’ means a transaction made in person between an individual and a retailer or retailer’s employee. …
(b) ‘Retailer’ means a person who:
(i) sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or
(ii) operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.
(c) ‘Self‑service display’ means a display of a tobacco product, an electronic cigarette product, or a nicotine product to which the public has access without the intervention of a retailer or retailer’s employee.
(2) Except as provided in Subsection (3), a retailer may sell a tobacco product, an electronic cigarette product, or a nicotine product only in a face‑to‑face exchange.
(3) The face‑to‑face sale requirement in Subsection (2) does not apply to:
(a) a mail‑order, telephone, or Internet sale made in compliance with Section 59‑14‑509;
(b) a sale from a vending machine or self‑service display that is located in an area of a retailer’s facility:
(i) that is distinct and separate from the rest of the facility; and
(ii) where the retailer only allows an individual who complies with Subsection (4) to be present; or
(c) a sale at a retail tobacco specialty business.
(4) An individual who is under 21 years old may not enter or be present at a retail tobacco specialty business unless the individual is:
(a) accompanied by a parent or legal guardian; or
(b) (i) present at the retail tobacco specialty business solely for the purpose of providing a service to the retail tobacco specialty business, including making a delivery; (ii) monitored by the proprietor …; and (iii) not permitted to make any purchase or conduct any commercial transaction …
(5) A parent or legal guardian who accompanies an individual under Subsection (4)(a) … may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product.
(6) A violation of Subsection (2) or (4) is a:
(a) class C misdemeanor on the first offense;
(b) class B misdemeanor on the second offense; and
(c) class A misdemeanor on any subsequent offenses.
(7) An individual who violates Subsection (5) is guilty of an offense under Section 76‑10‑104."
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.
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