Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 534 - VENDING MACHINES IN REST AREAS › Subpart C - ADMINISTRATION › Section 534.210 - IDOT-IDORS Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
The IDOT has the responsibility to regulate the placement and
				  operation of vending machines in safety rest areas constructed or located on
				  rights-of-way of non-toll fully access controlled State highways (Section
				  9-113.1(b) of the Act).
a) The IDOT
				shall allow for the installation of vending facilities through contracts
				between the IDORS and the IDOT. All such contracts shall be in writing and
				shall ensure retention by the IDOT of full responsibility for and control over
				all activities within the rest area. At a minimum, the contract with IDORS
				shall provide:
1) The IDORS shall assign
				licensed blind vendors to operate vending machines in all safety rest areas
				constructed or located on rights-of-way of non-toll fully access controlled
				State highways (Section 9-113.1(b) of the Act).
2) If, after notification to all licensed
				blind vendors of the availability of a particular site, none is interested in
				operating that site, the IDORS may contract for the operation of that site by a
				private contractor. Any income, after deduction for cost of items, labor and a
				negotiated percentage of profit, shall accrue to the IDORS for the exclusive
				benefit of the vending facilities for the blind program or other programs of
				rehabilitation and training for the blind administered by the IDORS (Section
				9-113.1(b) of the Act).
3) The
				IDORS shall, every three (3) years, notify licensed blind vendors of the
				availability of such contractually operated sites and make them available to
				interested blind vendors (Section 9-113.1(b) of the Act).
4) The IDORS shall submit an annual report to
				the IDOT detailing gross vending sales, profits, number of persons involved in
				all aspects of servicing and operating the approved vending machines.
5) To the extent that federal funds are
				involved, all written contracts between the IDORS and any Vendor or Private
				Contractor shall include nondiscrimination provisions in accordance with the
				State assurance with regard to the Civil Rights Act of 1964 ( 42 U.S.C. 2000 d
				-- 2000d-5 ), Landscape and Roadside Development (
				23 CFR
				752.8(c)(6) ), and the
				Rehabilitation Act of 1978 (
				29 U.S.C.
				794 ).
6) The IDOT shall not require the vending
				machine operators to perform any services other than those related to servicing
				and operating the approved vending machines (Section 9-113.1(c) of the
				Act).
7) The IDOT shall determine
				the location, type, and appearance of vending machine facilities to be located
				in rest areas. The contract with IDORS shall provide:
A) The IDORS shall locate and install vending
				equipment and appurtenances only in vending machine facilities.
B) The IDORS shall provide money changers
				which are in good working order at each vending facility for use by rest area
				patrons.
8) The IDOT
				shall provide for the installation and maintenance of water lines and
				electrical connections to the vending facilities.
9) Vending items to be dispensed shall be
				limited to hot and cold nonalcoholic beverages, candy, gum, snacks, cigarettes,
				sandwiches, soups, and sundry items. Sundry items include non-food items that
				can be dispensed by machines, such as newspapers, fingernail clippers, pencils
				and tissues. No petroleum products or vehicle replacement parts shall be
				dispensed by any means at safety rest areas (
				23 CFR 752.5(b)
				(1987) ). No later amendments or editions are
				incorporated. All beverages shall be dispensed in cans except for hot coffee,
				tea, chocolate, soups, milk, and fruit juices. No glass containers shall be
				dispensed. Newspapers shall be dispensed in separate facilities
				(newsracks).
10) The IDOT shall
				provide advance highway signing, to be located on existing rest area
				informational signs, in conformance with the IDOT's Illinois Manual on Uniform
				Traffic Control Devices (92 Ill. Adm. Code 546). The IDOT shall provide signs
				at shelters identifying the Illinois Department of Rehabilitation Services as
				the agency providing vending machines.
11) All Vendors or Private Contractors
				selected by the IDORS for the operation of vending facilities at safety rest
				areas pursuant to the provisions of Section 9-113.1 of the Act shall conform
				with the requirements specified in this Section, and IDORS will include with
				its agreement with the Vendor or Private Contractors the following:
A) The Vendor or Private Contractor shall pay
				for all metered utilities used for vending facilities located at rest areas
				under the provisions of Section 9-113.1 of the Act.
B) The Vendor or Private Contractor shall be
				responsible for the operation, maintenance, and security of vending machines
				located at rest areas.
C) The
				Vendor or Private Contractor shall service vending facilities to ensure, except
				for conditions resulting from acts of God such as tornadoes, flooding,
				earthquakes, etc., that those services are available to rest area patrons 24
				hours per day, every day, all year.
D) The Vendor or Private Contractor shall
				comply with all laws and regulations regarding licensing by public health
				departments and other agencies responsible for the regulation of the vending
				business as explained by the Department of Rehabilitation Services at 89 Ill.
				Adm. Code 650.1000 (Business Practices).
E) The Vendor or Private Contractor shall
				provide an effective method for the return of lost monies to patrons through
				one of the following procedures:
i) Refunds
				made directly to the customer by the Vendor or the Vendor's employee.
ii) Refunds made through the use of refund
				request cards which can be mailed by the customer to an address specified by
				IDORS. The cards will identify the vending machine that did not operate
				properly, the date, time, and type of problem. IDORS will determine whether the
				refund request is valid and will handle the refund.
F) The Vendor or Private Contractor shall
				provide the IDOT with the name and telephone number of the person who should be
				contacted for response when problems with the vending operations arise during
				time periods when no Vendor or Private Contractor personnel are present at a
				rest area.
G) The Vendor or Private
				Contractor shall assume all responsibility for liability resulting from the
				operation and maintenance of vending machines.
H) The Vendor or Private Contractor shall
				provide that personnel assigned to service vending machines wear work uniforms
				which have been approved by both IDOT and IDORS as explained by the Department
				of Rehabilitation Services at 89 Ill. Adm. Code 650.1000 (Business Practices)
				at the rest area sites.
I) Whenever
				complaints having to do with the quality of service or goods, the activities of
				Vendor or Private Contractor employees, or return of lost monies, are made to
				IDOT or IDORS from vending customers at a vending site and the compliants
				exceed one per day, the Vendor or Private Contractor shall make improvements in
				vending operations to reduce complaints to below the occurrence of one per
				day.