Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.10 - Vending Machine Income

Current through Register 1525, July 5, 2024
(1) Vending machine
			 income from vending machines on federal property which has been disbursed to
			 the Commission by a property managing department, agency, or instrumentality of
			 the United States under 111 CMR 3.10(3) shall accrue to each vendor operating a
			 vending facility on such federal property in an amount not to exceed the
			 average net income of the total number of vendors within Massachusetts, as
			 determined each fiscal year on the basis of each prior year's operation, except
			 that vending machine income shall not accrue to any vendor in any amount
			 exceeding the average net income of the total number of blind vendors in the
			 United States. No vendor shall receive less vending machine income than he was
			 receiving during the calendar year prior to January 1, 1974, as a direct result
			 of any limitation imposed on such income under 111 CMR 3.10(1). No limitation
			 shall be imposed on income from vending machines, combined to create a vending
			 facility, when such facility is maintained, serviced, or operated by a vendor.
			 Vending machine income disbursed by a property managing department, agency or
			 instrumentality of the United States to the Commission in excess of the amounts
			 eligible to accrue to vendors in accordance with 111 CMR 3.10(1) shall be
			 retained by the Commission.
(2)
			 Vending machine income which is retained under 111 CMR 3.10(1) by the
			 Commission shall be used by it for the establishment and maintenance of
			 retirement or pension plans, for health insurance contributions, and for the
			 provision of paid sick leave and vacation time for vendors, if it is so
			 determined by a majority vote of vendors, after the Commission has provided to
			 each such vendor information on all matters relevant to such purposes. Any
			 vending machine income not necessary for such purposes shall be used by the
			 Commission for the maintenance and replacement of equipment, the purchase of
			 new equipment, management services, and assuring a fair minimum return to
			 vendors. Any assessment charged to vendors by the Commission shall be reduced
pro rata
in an amount equal to the total of such remaining
			 vending machine income.
(3) The
			 on-site official responsible for the federal property of each property managing
			 department, agency, or instrumentality of the United States, in accordance with
			 established procedures of such department, agency, or instrumentality, shall be
			 responsible for the collection of, and accounting for, vending machine income
			 from vending machines on federal property under his control and shall otherwise
			 ensure compliance with the provisions of 111 CMR 3.10(4) through
			 (10).
(4) 100% of all vending
			 machine income from vending machines on federal property which are in direct
			 competition with a vending facility operated by a vendor shall accrue to the
			 Commission which shall disburse such income to such vendor operating such
			 vending facility on such property provided that the total amount of such income
			 accruing to such vendor does not exceed the maximum amount determined under 111
			 CMR 3.10(1). In the event that there is income from such vending machines in
			 excess of the maximum amount which may be disbursed to the vendor under 111 CMR
			 3.10(1) such additional income shall accrue to the Commission for purposes
			 determined in accordance with 111 CMR 3.10(2).
(5) 50% of all vending machine income from
			 vending machines on federal property which are not direct competition with a
			 vending facility operated by a vendor shall accrue to the Commission which
			 shall disburse such income to the vendor operating such vending facility on
			 such property. In the event that there is no vendor, such income shall accrue
			 to the Commission, except as indicated under 111 CMR 3.10(6). The total amount
			 of such income disbursed to such vendor shall not exceed the maximum amount
			 determined under 111 CMR 3.10(1). In the event that there is income from such
			 vending machines in excess of the maximum amount which may accrue to the vendor
			 under 111 CMR 3.10(1), such additional income shall accrue to the Commission
			 for purposes determined in accordance with 111 CMR 3.10(2).
(6) 30% of all vending machine income from
			 vending machines, which are not in direct competition with a vending facility
			 operated by a vendor and which are on federal property at which at least 50% of
			 the total hours worked on the premises occurs during a period other than normal
			 working hours, shall accrue to the Commission which shall disburse such income
			 to the vendor operating a vending facility on such property. In the event that
			 there is no vendor on such property, such income shall accrue to the
			 Commission. The total amount of such income disbursed to such vendor shall not
			 exceed the maximum amount determined under 111 CMR 3.10(1). In the event that
			 there is income from such vending machines in excess of the maximum amount
			 which may be disbursed to the vendor under 111 CMR 3.10(1), such additional
			 income shall accrue to the Commission for purposes determined in accordance
			 with 111 CMR 3.10(1).
(7) The
			 determination that a vending machine on federal property is in direct
			 competition with a vending facility operated by a vendor shall be the
			 responsibility of the on-site official responsible for the federal property of
			 each property managing department, agency or instrumentality of the United
			 States, subject to the concurrence of the Commission.
(8) The collection of vending machine income
			 and its disbursement to the Commission shall be conducted on at least a
			 quarterly basis.
(9) All
			 arrangements pertaining to the operation of vending machines on federal
			 property not covered by contract with, or by permits issued to the Commission
			 shall be renegotiated upon the expiration of the existing contract or other
			 arrangement for consistency with the provisions of 111 CMR 3.10(9).
(10) The provisions of 111 CMR 3.10 shall not
			 apply to income from vending machines within operated retail sales outlets
			 under the control of post exchange or ships' stores systems authorized under
			 Title 10 of the United States Code; to income from vending machines operated by
			 the Veterans Canteen Service; or to income from vending machines not in direct
			 competition with a vending facility at individual locations, installations, or
			 facilities on federal property the total of which at such individual locations,
			 installations, or facilities does not exceed $3,000 annually.
(11) The provisions of 111 CMR 3.10 shall not
			 operate to preclude pre-existing or future arrangements, or regulations of
			 departments, agencies, or instrumentalities of the United States, under which
			 vendors or the Commission may either:
(a)
			 receive a greater percentage or amount of vending machine income than that
			 specified in 111 CMR 3.10(5), (6), and (7); or
(b) receive vending machine income from
			 individual locations, installations, or facilities on federal property the
			 total of which at such individual locations, installations or facilities does
			 not exceed $3,000 annually.