Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 402 - SERVICES FOR THE BLIND AND VISUALLY HANDICAPPED › Section 17-402-17 - Vending facility program

Current through June, 2024
(a) The following
				definitions are applicable to this program:
"Act" means the Randolph-Sheppard Vending Stand Act (
				  20 United States Code, Sections
				  107 -
				  107F,
				  as amended by Public Law No. 93-651, Sections 202, 203, 204, 206, 207,
				  208(d)).
"Blind licensee" means a blind person licensed by the State
				  licensing agency to operate a vending facility on federal or other
				  property.
"Blind person" means a person having not more than 10 per
				  centum visual acuity in the better eye with correction. This means a person who
				  has:
(1) Not more than 20/200 central
				visual acuity in the better eye after correction; or
(2) An equally disabling loss of the visual
				field as evidenced by a limitation to the field of vision in the better eye to
				such a degree that its widest diameter subtends an angle no greater than 20
				degrees.
Blindness shall be certified by a duly licensed
				  ophthalmologist.
"Commissioner" means the commissioner of the rehabilitation
				  services administration in the department of education.
"Direct competition" means the presence and operation of a
				  vending machine or a vending facility on the same premises as a vending
				  facility operated by a blind vendor.
"Equipment" for the program means:
(1) Shelter, counters, shelvings, display and
				wall cases, refrigerating apparatus and other appropriate equipment purchases
				with vocational rehabilitation or other funds for the purpose of establishing
				blind persons in gainful employment;
(2) Cafeteria or snack bar facilities for the
				dispensing of foodstuff and beverages;
(3) Manual or coin-operated vending machines;
				and
(4) Expenditures for
				transportation, temporary storage, and installation (considered to be part of
				the acquisition cost of equipment).
"Federal property" means any building, land or other real
				  property, owned, leased, or occupied by any department or agency of the United
				  States.
"Initial stock and supplies" means merchandise, expendable
				  stock, supplies, and operating capital which are purchased with vocational
				  rehabilitation funds for the purpose of establishing a vending facility.
"License" means a written instrument issued by the licensing
				  agency to a blind person, pursuant to the Randolph-Sheppard Vending Stand Act,
				  authorizing such person to operate a vending stand on federal or other
				  property.
"Licensing agency" means the department of social services
				  and housing which has been designated by the commissioner, pursuant to the
				  Randolph-Sheppard Vending Stand Act, to issue licenses to blind persons for the
				  operation of vending stands on federal and other property.
"Maintenance of equipment" means all the repairs necessary
				  to keep the equipment operational. For example, this could include the purchase
				  of a new motor for a refrigerator or the replacement of glass in a showcase.
				  Refurbishment such as finishing and painting counter, shelving, or shelters
				  also is considered to be maintenance.
"Management services" means supervision, inspection, quality
				  control, consultation, accounting, regulating, in-service training, and other
				  related services provided on a systematic basis to support and improve vending
				  facilities operated by a blind vendor. "Management services" does not include
				  those services or costs which pertain to the ongoing operation of an individual
				  facility after the initial establishment period.
"Other property" means property which is not federally
				  controlled property and on which vending stands are established or
				  operated.
"Permit" means the official authorization given the
				  licensing agency by a department or agency in control of the maintenance,
				  operation and protection of federal and other property, whereby the licensing
				  agency is authorized to establish a vending stand.
"Program" means the business enterprise program of the
				  services for the blind branch which includes all the activities of the
				  licensing agency, pursuant to the Randolph-Sheppard Vending Stand Act, related
				  to vending stands on federal property and vending stands and small business
				  enterprise located on other property.
"Replacement of equipment" means the total replacement of a
				  single piece of equipment as a unit; for example, the purchase of a new
				  refrigerator. A number of units of equipment for a single stand location may be
				  purchased as replacement equipment at one time. A portion or a part of a piece
				  of equipment; i.e., a refrigerator motor, may not be considered as replacement
				  equipment but must be charged as maintenance and repair. Counters may be
				  replaced in total, but the installation of a new glass or refinishing of
				  surfaces should be considered maintenance and repair.
"Secretary" means the secretary of education.
"State vocational rehabilitation agency" means that agency
				  in the state providing vocational rehabilitation services to the blind which,
				  in Hawaii, is the department of social services and housing.
"Vending machine" for the purpose of assigning vending
				  machine income means a coin-operated machine or currency-operated machine which
				  dispenses articles or services, except those machines operated by the United
				  States postal service for the sale of postage stamps or other postal products
				  and services; machines providing services of recreational nature, and
				  telephones shall not be considered to be vending machines.
"Vending stand" means such equipment and initial stock and
				  supplies as are necessary for the vending of such articles as may be approved
				  by the licensing agency and the federal department or such other department or
				  agency having control of the maintenance, operation and protection of federal
				  or other property.
"Vendor" means a blind licensee who is operating a vending
				  facility on federal or other property.
"Visually-handicapped person" means a person who has some
				  visual impairment-not to the extent that the individual can claim special tax
				  exemptions as a legally blind person-but to the extent that the visual
				  impairment seriously interferes with achievement of their maximum social,
				  education, and economic potential.
"Vocational Rehabilitation Act" means the act, as amended
				  (29 U.S.C. Chapter 13).