Overview
Montana regulates vending machines primarily through business registration requirements, sales tax compliance, and local health permits for food vending operations. The state does not require specific vending operator licenses but mandates business licensing and compliance with Montana's 2017 FDA Model Food Code for food-related machines.
Local governments in Montana may impose additional requirements beyond state regulations. Rural areas may have fewer local requirements compared to larger municipalities.
Business Registration
Business registration is required for vending operators in Montana.
Registration Agency
Registration Types
- LLC Formation ($70 filing fee)
- Corporation Formation ($70 filing fee)
- Partnership Registration ($70 filing fee)
- Foreign Entity Registration ($100 filing fee)
- DBA/Assumed Name ($25 filing fee)
Business entities must maintain a registered agent and office in Montana. Foreign entities operating in Montana must register before conducting business. Annual reports are required for most entity types.
Sales Tax
Tax Application
- General sales tax applies to vending: No
- Food tax variation: Exempt
- Local rates possible: Yes
- Resale certificate required: No
- Filing frequency: varies by locality
Montana does not impose a statewide sales tax. However, some local jurisdictions may impose local option taxes. Resort taxes may apply in certain tourist areas. Lodging facilities may have accommodation taxes.
Registration
Forms: Local Option Tax Registration (where applicable)
Vending Operator License
Vending operator license is not required in Montana.
Machine Registration
Machine registration is not required in Montana.
Health Permit & Food Code
Health permits are required for:
- Machines dispensing potentially hazardous foods (TCS)
- Micro markets
- Fresh food vending
Agency: Montana Department of Public Health and Human Services
Food Code: 2017 FDA Model Food Code
Inspections: Every 6-12 months
Micro Markets
Micro markets are recognized in state code.
Permit required: Yes
Specific Requirements
- Food establishment permit required
- Must comply with retail food establishment rules
- Adequate supervision or monitoring required
- TCS foods require temperature control
Product Restrictions
Restricted Products
- Alcohol: Effectively prohibited due to age verification requirements and licensing restrictions. Montana requires licensed establishments for alcohol sales with trained staff.
- Tobacco: Tobacco vending machines are prohibited except in establishments where minors are not permitted. Age 18+ requirement strictly enforced. Special permits may be required.
- CBD/Hemp: Hemp products must comply with Montana Hemp Program regulations. THC content must not exceed 0.3%. Proper labeling and testing required.
- Age Verification: Age verification required for restricted products. Tobacco sales limited to adult-only establishments. ID verification required for anyone appearing under 30.
Placement Rules
Schools
Federal Smart Snacks nutrition standards apply to competitive foods sold during school hours. Local school districts may have additional restrictions on vending machine placement and products.
Public Buildings
Must comply with state and local procurement rules. May require vendor registration and competitive bidding for government facility contracts.
Private Property
Property owner permission required. Subject to local zoning and business regulations. ADA accessibility requirements apply to public accommodations.
ADA & Accessibility
Must comply with ADA requirements for public accommodations. Accessible routes and operable controls required. Maximum reach ranges must be observed.
Electrical & Fire Code
Must comply with Montana electrical code and local fire codes. Commercial electrical requirements apply. Permits may be required for electrical installations.
Local Permits
Montana has home rule, meaning local jurisdictions can impose additional requirements.
Typical Local Requirements
- City business license
- Local health permits for food vending
- Building permits for installations
- Sidewalk or right-of-way permits
Example Localities
Billings
Requires business license for vending operations. Health permits required for food vending machines. Zoning compliance required for placement.
Missoula
Business license required. Food establishment permits for food vending. Special permits may be required for public right-of-way placement.
Penalties & Enforcement
Common Violations
- Operating without required business license
- Food safety violations in vending machines
- Placement without proper permits
- Tobacco sales violations
- ADA accessibility non-compliance
Penalties
- Business license violations: fines up to $500
- Food safety violations: permit suspension or revocation
- Tobacco violations: fines and permit revocation
- Zoning violations: cease and desist orders
Key Contacts
Montana Department of Public Health and Human Services
Phone: (406) 444-2544
Montana Department of Revenue
Phone: (406) 444-6900
Montana Department of Labor and Industry
Phone: (406) 444-9091
Frequently Asked Questions
Do I need to register my business to operate vending machines in Montana?
Yes, you must register your business with the Montana Secretary of State. Registration fees are $70 for most entity types. You'll also need to obtain any required local business licenses in the jurisdictions where you operate.
Does Montana have a sales tax on vending machine sales?
No, Montana does not have a statewide sales tax. However, some local jurisdictions may impose local option taxes, and resort areas may have special taxes. Check with local authorities for specific requirements.
Are health permits required for food vending machines in Montana?
Yes, machines dispensing potentially hazardous foods (TCS foods), micro markets, and fresh food vending require health permits. The fee is typically around $150, and permits are issued by local health departments.
Can I sell tobacco products through vending machines in Montana?
Tobacco vending machines are prohibited except in establishments where minors are not permitted. Age verification is strictly required, and special permits may be necessary. Most vending tobacco sales are effectively prohibited due to these restrictions.
Do I need individual permits for each vending machine in Montana?
No, Montana does not require individual machine registration or decals at the state level. However, you may need business licenses and health permits that cover your vending operations, and local jurisdictions may have their own requirements.
What are the ADA requirements for vending machine placement in Montana?
Vending machines in public accommodations must comply with ADA accessibility requirements, including accessible routes, proper reach ranges, and operable controls. Machines must be positioned to allow wheelchair access and operation.
Sources
- Montana Secretary of State - Business Services
- Montana Department of Revenue
- Montana DPHHS - Food Safety and Consumer Services
- Montana Department of Labor and Industry - Business Licensing
- Montana Hemp Program
- Montana Tobacco Prevention Program
- City of Billings - Business Licenses
- City of Missoula - Business Registration