California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.7 - Vending Facility Operations › Section 7220 - Operation of a Vending Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				  signing the vendor's operating agreement, the vendor shall be recognized as the
				  operator of the vending facility named in the agreement and shall operate and manage
				  all aspects of the vending facility in accordance with the vendor operating
				  agreement, permit or contract, United States Code, title 20, section
				  107 et seq., Code of Federal
				  Regulations, title 34, part 395, Welfare and Institutions Code section
				  19625
				  et seq., applicable Health and Safety Code sections, California Code of Regulations,
				  title 9, section
				  7210 et seq., and local permits and
				  business licenses that may be required to operate the vending facility. This
				  includes maintaining a drug-free environment within the vending facility.
(b) The Business Enterprises Program for the
				  Blind, herein BEP, shall provide the vendor with a copy of the vendor operating
				  agreement, which shall include the permit or contract for the vending facility as an
				  exhibit thereof. The BEP shall also provide the vendor with the vendor operating
				  agreement and exhibit thereof in the vendor's preferred mode of communication, to
				  the extent possible.
(c) The vendor
				  shall obtain and maintain all required state and local licenses and permits and
				  satisfy any other legal requirements to operate the vending facility prior to
				  commencing operation of a vending facility.
(d) The vendor shall sell only those items
				  identified in the permit or contract for the vending facility. If a vendor wishes to
				  add or delete items for sale listed in the permit or contract, he or she shall
				  submit a written request of the proposed changes to the BEP. An amendment to the
				  vendor operating agreement and, if applicable, the permit or contract must be
				  executed by the vendor, BEP, and, if applicable, contracting agency, prior to the
				  vendor changing the items for sale at the vending facility.
(e) A vending facility shall not be operated
				  without liability and workers' compensation insurance required and provided by the
				  BEP through the BEP group policy, except a vending facility established pursuant to
				  title 34 Code of Federal Regulations part 395.33. The vendor shall remit payment for
				  liability and workers' compensation insurance in accordance with Section
				  7221(c) of these
				  regulations. Within 24 hours of a vendor learning of an incident occurring in
				  connection with the vending facility that may give rise to a workers' compensation
				  or liability claim, the vendor must contact the BEP and the insurance carrier to
				  report the incident.
(f) The vendor
				  shall be personally responsible and accountable for all of the following:
(1) Operating the vending facility in accordance
				  with all applicable federal, state, and local laws and regulations, as identified in
				  subdivision (a) of this section;
(2)
				  Providing a level of goods and services satisfactory to the contracting
				  agency;
(3) Establishing and maintaining
				  good relations with customers and the contracting agency;
(4) Maintaining and operating the facility in
				  accordance with all health and safety standards set forth in Health and Safety Code
				  sections
				  113700
				  et seq. and
				  114259.4,
				  and other Health and Safety Code sections referenced in this chapter, as applicable;
				  and
(5) Posting information for
				  employees as required by Labor Code section
				  6408;