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

Statutory Requirements:

• Va. Code § 18.2-371.2(F):

“No person shall sell or distribute any tobacco product, nicotine vapor product, or alternative nicotine product through a vending machine unless the machine is located in a place:
(i) not open to the general public and
(ii) not generally accessible to persons under 21 years of age.”

Clarifications:

• “Not open to the general public” includes:
  • Bars
  • Private clubs
  • 21+ adult-only lounges
• An establishment that allows under-21s with an adult is not compliant.
• Signs must be posted:

“Indicating that purchase or possession by persons under 21 years of age is unlawful.”

2. Licensing and Permitting Requirements

A. Retail Vapor Product License

• Virginia does not require a specific retail license or tobacco permit to sell vapor or nicotine pouch products.
• However, if operating a vending machine, you are classified as a “retailer” and must comply with sales tax and registration requirements.

B. Vending Certificate of Registration

Va. Admin. Code § 10-210-6041(A):

“Every person placing vending machines must obtain a Certificate of Registration for each county or city where vending occurs.”

Details:

• Submit application to:
  Virginia Department of Taxation
  https://www.tax.virginia.gov
• You must maintain:
  • Inventory records
  • Machine location list
  • Gross receipts per machine
• Consolidated reporting is allowed for 10+ machines.

3. Taxes and Fees

A. Excise Tax

Va. Code Ann. § 58.1-1021.02:

“A tax is imposed on liquid nicotine at the rate of 6.6 cents per milliliter.”

This applies to:

• Bottled e-liquid
• Prefilled vape cartridges

Nicotine pouches may not fall under this if they contain no liquid nicotine, but check packaging formulation.

B. Sales Tax

• State base rate: 5.3%
• Local surtax may apply (e.g., additional 0.7% in Northern Virginia and Hampton Roads).
• All vending machine sales are considered retail sales and must have sales tax included in the advertised price unless posted otherwise.

4. Regulatory Agencies

5. Local Ordinances and Municipal Compliance

• Vending machine regulations may vary by locality. Some cities may require:
• • Local business license
  • Fire inspection
  • Location zoning verification
• Example: In Arlington County and Fairfax, vending in any establishment open to minors is explicitly prohibited.

Always contact:

City Treasurer’s Office or Zoning and Licensing Department in the city where each machine will be placed.

6. Other Legal and Compliance Requirements

A. Child-Resistant Packaging

• Required for all nicotine-containing e-liquid containers:
  Va. Code Ann. § 59.1-293.11(A)

“No person shall sell any liquid nicotine container unless it is in child-resistant packaging.”

B. Internet and Remote Sales Ban

• Per Va. Code Ann. § 18.2-246.8(B):

“No person shall sell or ship any tobacco product or nicotine vapor product to a consumer in the Commonwealth by Internet, phone, or mail order unless age is verified by a commercially available database.”

This does not apply to vending directly, but is relevant if restocking or ordering inventory.

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