Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 20 - Division of Taxation
Subchapter 15 - Cigarette Tax
Part 1 - Cigarette Tax (280-RICR-20-15-1)
Section 280-RICR-20-15-1.17 - Vending Machines Operators
Universal Citation: 280 RI Code of Rules 20 15 1.17
Current through September 18, 2024
A. Licensing:
1. Each vending machine is considered a
retail outlet. Each vending machine owner must file an application with the
Division of Taxation and shall pay the fee for each machine. A numbered license
will be furnished for each individual machine.
2. No person shall cause or allow a cigarette
vending machine to be operated unless a Division of Taxation marker tab is
attached showing that the machine has been licensed by the Division of
Taxation. The fee for each license is twenty-five dollars ($25.00). Any
licensed machine may be moved from one place to another. Any person who
operates machines in violation of these provisions is subject to the same
penalties in R.I. Gen. Laws §
44-20-3 for the sale of cigarettes without a license. When a machine is in use or
service (i.e., on location, accessible to cigarette purchasers and containing
or ready to contain cigarettes) it must have a vending machine tab
affixed.
3. In addition to affixing
a Division of Taxation tab to each machine owned and operated, each operator
must have his or her name and address plainly marked on each vending machine in
use.
4. Vending machine dealer's
licenses and pre-numbered decal tabs (indicating proper licensing of cigarette
vending machines) are furnished by the Division of Taxation to each licensed
operator. Licenses must be kept in the operator's files and the decal tabs must
be affixed to the inner panel of the vending machine (inside the glass) or any
other place on the machine where the tax is visible for inspection by agents of
the Division of Taxation.
5. If the
machine is sold or otherwise disposed of, the license must be returned to the
Division of Taxation and the tab must be removed from the machine. Licenses and
tabs are not transferable.
6. As of
May 31 of each year, enough pre-numbered decal tabs for the current year will
be issued to vending machine operators to indicate proper licensing of
cigarette vending machines controlled as of that date. Prior year tabs must be
removed from the vending machines and current year tabs must be affixed by July
15 of the current year.
B. Reports:
1. Periodic reports on the number of vending
machines in operation, their location and other pertinent information shall be
required from operators of vending machines.
2. Monthly Report of Vending Machine
Operators: On or before the tenth of the month, each vending machine operator
must file a report (Form T-302). The report covers the prior month and
indicates the following:
a. the number of
machines controlled by the operator at the end of the prior month;
b. the number of machines acquired during the
month including the model number(s) of machines, manufacturer's name and
address and from whom the machine was purchased;
c. the number of machines sold or disposed of
including the model number(s), manufacturer's name and address and to whom the
machine was sold, and;
d. the
inventory of machines controlled at the end of the month.
3. If an operator has vending machines
purchased outside Rhode Island, he or she must prove that the use tax has been
paid as a condition of getting vending machine licenses.
4. Vending Machine Operators Annual Inventory
& Report: Each May 31, operators of five or more cigarette vending machines
must report the following information to the Division of Taxation on Form T-5A:
a. location of each machine by street and
number;
b. name of each
location;
c. city or town where
vending machines are located;
d.
number of the license affixed to each machine, and;
e. any machines not on location but in
inventory.
5.
Inventories of vending machines listed on Form T-5A will be audited against the
license files at the Division of Taxation and the information and forms are
subject to field verification.
6.
Vending machine tabs are issued in accordance with the list of locations
reported to the Division of Taxation prior to June 1 of the current year. A
Form T-5A must be prepared and filed with each new application for any
additional vending machine licenses.
C. Physical Requirements for Cigarettes Sold
1. Sealed Packages: Cigarettes, if sold in
vending machines, must be in sealed packages which bear the Rhode Island tax
indicia in the proper denomination. The sale of individual cigarettes is
prohibited.
2. Visibility of
Indicia: In all machines constructed with windows in front or top of the case,
cigarettes must be loaded so that the Rhode Island tax indicia are clearly
visible from the outside. The use of paper or other materials to blank out
windows in cigarette vending machines is prohibited.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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