Setting Up a Vending Machine: What Is Allowed?
The idea is good, the machine is ordered – but is it even allowed to stand there? We explain permits, building law and the differences between private and public ground. (Not legal advice!)
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Private ground vs. public space
Business registration & obligations
Business
Yes, operating machines is a business. You must register it with the trade office ("operating vending machines").
Itinerant trade?
Vending often falls under itinerant trade, which has advantages regarding shop opening hours (Sunday sales).
Youth protection
Selling tobacco, vapes or alcohol? Then a technical age check (ID reader) is legally mandatory (§ 10 JuSchG).
Food law
When selling open or packaged food, you must observe hygiene rules and notify the veterinary/food safety authority of the business.
Building law
Large machine huts or containers may require a building permit. Plain machines usually don't ("temporary structures" or exempt). To be safe, ask the building authority if you're pouring a foundation.
Checklist for the start
1. Find a location. 2. Ask the owner (rental agreement). 3. Register the business. 4. Clarify the power connection. 5. Take out insurance (business liability!). 6. Set up the machine.
Which permits do you actually need?
Typical permit scenarios
Farm shop at the roadside
A farmer places an egg vending machine at the farm entrance. Since it stands on private ground, they need no special-use permit. What is needed: a business registration, a temperature log under HACCP for the food cooling and a briefing under §43 IfSG. Telemetry keeps the temperature logbook automatically.
Machine in the pedestrian zone
An operator wants to set up a drinks machine in a pedestrian zone. They apply for a special-use permit at the town administration – costs here around €200/year, processing 2–6 weeks. In addition, they need business liability insurance (about €100–200/year) and a fixed power connection.
Vape machine at the petrol station
A petrol station operator sets up a vape machine on their premises (private ground). A special-use permit isn't needed. Mandatory, however, is age verification under JuSchG: the machine must be equipped with an ID scanner or eID system, otherwise it may not sell vapes.
Legal basics for vending machines in Germany
Special-use permit: process and costs
You apply for the special-use permit at the town administration or municipality. You need: the machine's technical data sheet, a site sketch, proof of business and usually proof of insurance. The costs are from €50/year in small municipalities, up to €500/year in large cities. Processing usually takes 2–6 weeks. Tip: ask the public order office by phone in advance about the specific requirements, that speeds up the application.
Hygiene rules for food vending machines
Anyone selling food via machines needs a briefing under §43 Infection Protection Act (IfSG), available from the health office for about €25. The machine must ensure an unbroken cold chain and keep a temperature log – that corresponds to the HACCP principle. Our machines handle this automatically via telemetry: if the limit temperature is exceeded, sales stop, and the logbook documents without gaps for the food safety authority.
Frequently asked questions about permits
The special-use permit for public ground usually costs €50–500/year, depending on the municipality and the area used, and even more in large cities with a top location. It only applies when the machine stands on public ground such as a pavement or marketplace – on private ground it doesn't apply. In addition, many authorities require proof of insurance and a technical data sheet. Processing takes 2–6 weeks. Ask the public order office in advance about your city's requirements.
Yes, in most federal states. Machines fall under exceptions in the shop opening law, because no staffed sale takes place. That way you sell on Sundays, at night and on public holidays too – a central advantage over classic shop sales. The rules differ between federal states, so it's worth a look at the respective state law. If unsure, a quick call to the public order office helps.
Yes. If you sell deposit-liable single-use drinks, the deposit obligation generally applies at the machine too – since 2024 it has been extended to further product groups. For very small sales areas there are exceptions, and the rule is complex in detail. In practice, the return can be handled via a separate machine or a cooperation. Check your specific range; vyndo advises you on a deposit-compliant configuration.
Machines are exempt from the receipt obligation but count as an open shop till and must be capable of a cash check. Since 2020 the KassenSichV applies: machines with a payment function need a certified technical security device (TSE). vyndo delivers the machines TSE-compliant. Telemetry logs every transaction and gives you clean figures for the tax office. That way you meet the recording obligations without a separate till.
Usually not, if it is set up mobile and not firmly anchored in the ground – such machines are mostly exempt from procedure. As soon as you pour a foundation or permanently anchor the machine in public ground, the state building code may apply and a building permit may become necessary. The building codes differ between federal states. When in doubt, ask the building authority before installing permanently.
Yes. The state building codes and the shop opening laws differ from one another, for example on building permits and Sunday sales. The Trade Regulation Act and the Youth Protection Act, by contrast, apply uniformly nationwide. For special use in public space, the respective municipality is responsible, which is why fees and conditions vary locally. If unsure, a call to the local public order office quickly clarifies the specific requirements.
We provide you with all the technical documents that authorities require: data sheet, CE certificate, dimensions and, if needed, proof of age verification and TSE. That gives you the basis for special-use and business applications together. The application itself lies with you as the operator, because only you are the contractual partner of the authority. On request we advise you on the right configuration for your location and range.
Still have questions?
Get in touch with us directly. We’ll get back to you quickly and honestly.
Set up your machine on a sound legal footing
We deliver not just hardware, but the technical documents for your applications – CE, TSE, age verification. That way you start on a sound legal footing.