Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.24 - Licensee obligations generally

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1) Each
				licensee shall agree to do all of the following:
(a) Perform, to the best of his or her
				ability, the necessary duties in connection with the vending facility pursuant
				to the commission's rules and procedures, the terms of the permit, and the
				agreement with the licensee and otherwise abide by the rules of the
				commission.
(b) Operate not more
				than 1 concession as defined in the act.
(c) Take no action in derogation of, or
				inconsistent with, the title of the state of Michigan to the vending facility
				equipment.
(d) Sign the vending
				facility agreement, agreeing to accept full responsibility for the amount of
				the initial merchandise inventory. The licensee further agrees to maintain that
				level of inventory at all times, with the exception of seasonal business
				cycles, until he or she leaves the facility. Nothing contained in the vending
				facility agreement makes the parties partners or joint venturers with each
				other. The only relationship between the commission and the vending facility
				operator is that of agency and license. Nothing in the vending facility
				agreement renders either of the parties liable to any third party for debts of
				or litigation of the other party.
(e) Notify the promotional agent, within 2
				weeks of when a vending facility is assigned, of any problems with the
				inventory. After that date, the commission is not obligated to adjust the
				inventory or reimburse for bad products.
(f) Submit, in writing, requests for facility
				renovations, or discuss, with the assigned promotional agent, facility
				renovations as a component of the annual vending facility evaluation process.
				Proposed renovations shall be forwarded to the central office of the
				commission.
(g) Admit duly
				authorized representatives of the commission to the vending facility and
				cooperate with them in connection with their official duties and
				responsibilities.
(h) Sell only the
				types of merchandise itemized in the agreement signed by the licensee and the
				commission.
(i) Pay for all
				merchandise and supplies purchased within the terms and conditions of the
				credit policies of suppliers.
(j)
				Obtain approval of the commission, except in emergencies, before employing
				assistants within the guidelines established by the commission board with the
				active participation of the committee.
(k) Conform to the hours of operation as
				fixed by the commission after consultation with the licensee and the agency
				having charge of the property. The hours of operation shall be stated on the
				vending stand agreement.
(l)
				Participate in the in-service training programs provided.
(m) Obtain and maintain a general
				comprehensive liability insurance policy and, if the licensee hires1 or more
				full-time or part-time employees, obtain and maintain workers' disability
				compensation coverage and pay unemployment taxes and all other applicable
				federal, state, and local taxes.
(n) Comply with all applicable federal and
				state laws and regulations, including tax laws.
(o) The commission shall commence license
				revocation proceedings if a licensee fails to comply with any of the provisions
				specified in this subrule.