Overview
Illinois regulates vending machines through business registration with the Department of Revenue, sales tax permits (Retailers' Occupation Tax), and local health department oversight for food vending. The state requires vending machine specific registration and uses the 2022 FDA Food Code for food safety regulations. Tobacco sales are restricted to age 21+ with strict vending machine limitations.
Local health departments regulate retail food establishments including vending machines. Chicago and other municipalities have additional licensing requirements. The state adopted the 2022 FDA Food Code in 2016 for uniformity across jurisdictions.
Business Registration
Business registration is required for vending operators in Illinois.
Registration Agency
Illinois Department of Revenue →
Registration Types
- Sole Proprietorship (varies)
- Partnership (varies)
- LLC (varies - see Secretary of State)
- Corporation (varies - see Secretary of State)
- Business Tax Registration (free)
Must register with the Illinois Department of Revenue before conducting business or with Illinois customers. Register electronically using MyTax Illinois at mytax.illinois.gov by clicking "Register a New Business (Form REG-1)". Processing time is approximately 1-2 business days. Formal business entities also require filing with the Secretary of State.
Sales Tax
Tax Application
- General sales tax applies to vending: Yes
- Food tax variation: Reduced
- Local rates possible: Yes
- Resale certificate required: Yes
- Filing frequency: varies based on volume and permit type
Vending machine operators must register as retailers and remit Retailers' Occupation Tax (ROT) plus applicable local taxes. Illinois Department of Revenue issues vending machine specific registration and Form STS-80 for requesting vending machine decals. Must register before making purchases, sales, or hiring employees.
Registration
Forms: REG-1 (Business Registration), STS-80 (Vending Machine Decals)
Vending Operator License
Vending operator license is not required in Illinois.
Machine Registration
Machine registration is required in Illinois.
Decal/tag required: Yes
Renewal: varies
Health Permit & Food Code
Health permits are required for:
- Food establishments (retail food operations)
- Machines dispensing potentially hazardous foods
- Food vending operations under local jurisdiction
Agency: Local Health Departments
Food Code: 2022 FDA Food Code (adopted June 2016)
Inspections: Varies by local health department
Micro Markets
Micro markets are not specifically recognized in state code.
Permit required: Yes
Specific Requirements
- Must comply with retail food establishment requirements
- Local health department permit required
- Subject to 2022 FDA Food Code regulations
- Food handler training requirements apply
- May require additional local business licenses
Product Restrictions
Restricted Products
- Alcohol: Effectively prohibited due to age verification requirements, trained staff supervision requirements, and Illinois Liquor Control Act regulations. Licensed retailers must verify age and supervise sales, making unattended vending impractical. Contact local liquor control commissioners for specific restrictions.
- Tobacco: Age 21+ requirement effective statewide. Retailers may not sell tobacco products via vending machines in facilities where individuals under 21 are present or permitted to enter (federal requirement as of September 30, 2024). Age verification required for anyone appearing under 30. Penalties range from $200-$800 for violations within 24-month period.
- CBD/Hemp: Hemp-derived CBD products are legal in Illinois if they comply with federal regulations (less than 0.3% THC) and state Cannabis Control Act. No specific vending machine restrictions found, but products must meet food safety requirements if consumed as food products. Industrial Hemp Act provides regulatory framework.
- Age Verification: Photo ID verification required for anyone under 30 purchasing tobacco products. Age 21+ requirement for all tobacco products including e-cigarettes. Federal and state enforcement of age restrictions with significant penalties for violations.
Placement Rules
Schools
Federal Smart Snacks nutrition standards apply to all competitive foods sold during the school day, including vending machines. Illinois Healthy Kids Act equivalent standards require compliance with USDA Smart Snacks requirements for all foods sold before, during, and 30 minutes after school.
Public Buildings
Must comply with public contracting and procurement requirements. State and local government facilities may require vendor registration, competitive bidding processes, or specific approval procedures for vending machine placement contracts.
Private Property
Property owner permission required. Subject to local zoning ordinances, business licensing requirements, and municipal regulations. Commercial zoning typically required for vending operations. May need building permits for electrical connections.
ADA & Accessibility
Must comply with federal ADA requirements. At least one vending machine of each type must be accessible with proper reach ranges, operating force limitations, and clear floor space. Accessible routes must be maintained and not blocked by vending machines.
Electrical & Fire Code
Must comply with local building codes, fire safety regulations, and electrical requirements. Commercial electrical connections required. Local permits may be needed for installation and electrical work. Fire department approvals may be required in some jurisdictions.
Local Permits
Illinois has home rule, meaning local jurisdictions can impose additional requirements.
Typical Local Requirements
- City business license or vendor permit
- Local health department food establishment permit
- Zoning compliance verification
- Building permits for electrical installation
- Public right-of-way permits (street vending)
Example Localities
Chicago
Retail Food Establishment License required from Chicago Department of Business Affairs and Consumer Protection (BACP). Mobile food vendor permits available. Tobacco licensing through BACP. Additional requirements may apply for specific locations and food types.
Springfield
Local health department permits required for food vending operations. Contact Sangamon County Department of Public Health for food establishment requirements. City business license may be required depending on location and operation type.
Penalties & Enforcement
Common Violations
- Operating without required business registration
- Failure to obtain proper sales tax permits
- Tobacco vending violations (sales to minors)
- Food safety violations (expired products, temperature control)
- Operating without local health permits
- ADA accessibility compliance failures
Penalties
- Tobacco violations: 1st offense $200, 2nd offense $400, 3rd offense $600, 4th+ offense $800 (within 24 months)
- Sales tax penalties for operating without permits
- Food safety violations may result in permit suspension/revocation
- Local ordinance violations subject to municipal fines
- Class B infraction for selling tobacco to minors under 21
Key Contacts
Illinois Department of Public Health
Phone: (217) 782-4977
Illinois Secretary of State - Business Services
Phone: (217) 782-6961
Frequently Asked Questions
Do I need to register my vending machine business with Illinois?
Yes, you must register with the Illinois Department of Revenue before conducting business in Illinois or with Illinois customers. Use the MyTax Illinois online system to register (Form REG-1). Processing takes 1-2 business days and the registration is free. You may also need to register your business entity with the Secretary of State depending on your business structure.
What are the sales tax requirements for vending machines in Illinois?
Vending machine operators must register as retailers and collect Retailers' Occupation Tax (ROT) plus applicable local taxes. The Illinois Department of Revenue issues vending machine specific registration and Form STS-80 for requesting vending machine decals. You must register before making any sales or purchases.
Do I need a health permit for food vending machines in Illinois?
Yes, food vending machines are considered retail food establishments and must comply with the 2022 FDA Food Code adopted by Illinois. You need permits from your local health department, and food handlers must receive training within 30 days of employment. Contact your local health department for specific requirements.
Can I sell tobacco products through vending machines in Illinois?
Tobacco sales are heavily restricted. Illinois raised the minimum age to 21 for all tobacco products. As of September 30, 2024, federal regulations prohibit tobacco vending machines in facilities where anyone under 21 is present or permitted to enter. Age verification is required for anyone under 30. Penalties range from $200-$800 for violations.
What are the Smart Snacks requirements for school vending in Illinois?
Illinois requires compliance with federal Smart Snacks nutrition standards for all competitive foods sold in schools during the school day, including vending machines. These standards limit calories, fat, sugar, and sodium content. Local school districts implement these requirements for healthy student nutrition.
Does Chicago have additional requirements for vending machines?
Yes, Chicago requires a Retail Food Establishment License from the Department of Business Affairs and Consumer Protection (BACP) for food vending machines. Mobile food vendor permits are also available through BACP. Additional licensing requirements may apply depending on the location and type of products sold.
What is Form STS-80 and do I need vending machine decals in Illinois?
Form STS-80 is used to request vending machine decals from the Illinois Department of Revenue. The state issues vending machine specific registration and requires appropriate identification and tax registration information to be displayed on machines. This is part of the compliance requirements for vending machine operators.
Are micro markets regulated differently than traditional vending machines in Illinois?
Micro markets must comply with the same retail food establishment requirements as traditional food vending machines. They need local health department permits, must follow the 2022 FDA Food Code, and food handler training requirements apply. Contact your local health department for specific permit requirements for micro market operations.
Sources
- Illinois Department of Revenue - Business Registration
- Illinois Department of Public Health - Retail Food
- Illinois General Assembly - Prevention of Tobacco Use by Persons Under 21
- Illinois.gov - The Age to Buy Tobacco is now 21
- Illinois Secretary of State - Business Services
- City of Chicago - Retail Food Establishment
- Illinois Department of Public Health - Food Handler Training
- Illinois.gov - Registrations, Licenses & Permits