Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.03 - Definitions

Current through Register 1525, July 5, 2024
As used in
				111 CMR
				3.00:
Blind Person
means a person who, after
				examination by a physician skilled in diseases of the eye or by an optometrist,
				whichever such person shall select, has been determined to have:
(a) no more than 20/200 central visual acuity in the better eye
				with correcting lenses; or
(b) an equally disabling loss of 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 of no greater than 20°.
Business Hours
means the hours during
				which a permit indicates a given facility shall or may be open for
				business.
CMR
means Code of Massachusetts
				Regulations.
CFR
means Code of Federal
				Regulations.
Chapter
means the regulations found at
				111 CMR
				3.00.
Commission
means the Massachusetts
				Commission for the Blind.
Commissioner
means the Commissioner of
				the Massachusetts Commission for the Blind.
Committee
means State Committee of
				Blind Vendors as described at
				111 CMR 3.16,
				unless the context indicates otherwise.
Direct Competition
means the presence
				and operation of a vending facility on the same premises as a vending facility
				operated by a vendor, except that vending facilities operated in areas serving
				employees the majority of whom normally do not have direct access to the
				facility operated by a vendor shall not be considered to be in direct
				competition with the facility operated by the vendor. For purposes of
				determining whether a facility or machine constitutes direct competition,
				direct access shall be measured in terms of uninterrupted ease of approach and
				the amount of time required to patronize the facility.
Director
means the Director of the
				Vending Facilities Program at the Commission.
Facility
means vending
				facility.
Federal Property
means any building,
				land or other real property owned, leased, or occupied by any department,
				agency or instrumentality of the United States (including the Department of
				Defense and the United States Postal Service), or any other instrumentality
				wholly owned by the United States, or by any department or agency of the
				District of Columbia or any territory or possession of the United
				States.
Going Stock
means the amount of
				merchandise and supplies that an outgoing vendor leaves for the incoming
				vendor, representing the amount of merchandise and supplies necessary to
				operate the facility for two weeks at the level at which it has operated for
				the outgoing vendor's final three months of operation.
Gross Profit
means the difference
				between the prices at which merchandise is purchased and sold by a
				vendor.
Individual Location Installation or
				Facility
means a single building or a self-contained group of
				buildings. In order for two or more buildings to be considered to be a
				self-contained group of buildings, such buildings must be located in close
				proximity to each other, and a majority of the employees housed in any such
				building must regularly move from one building to another in the course of
				official business during normal working days.
Initial Stock
means merchandise and
				supplies furnished by the Commission to a facility when it is first established
				by the Commission, representing the Commission's best estimate of merchandise
				and supplies needed for one week.
License
means a written instrument
				that is issued to a blind person by the Commission, authorizing such person to
				operate vending facilities on federal or other property.
Licensee
means a blind person who has
				a license from the Commission to operate a vending facility on federal or other
				property, which license has not been suspended or revoked. A licensee may or
				may not be a vendor.
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 blind vendors. "Management services"
				does not include those services or costs which pertain to the on-going
				operation of an individual facility after the initial establishment
				period.
Merchandise
means the goods or
				commodities available for sale at a vending facility.
Net Proceed
s means the amount
				remaining from the sale of articles or services of vending facilities, and any
				vending machine or other income accruing to vendors after deducting the cost of
				such sale and other expenses (excluding set-aside charges required to be paid
				by such vendors).
Normal working hours
means an eight
				hour work period between the approximate hours of 6:00 A.M. to 6:00 P.M.,
				Monday through Friday, or the hours specified as normal working hours in a
				particular permit.
Permit
means the written agreement
				between the Commission and a site grantor authorizing the Commission to operate
				a vending facility.
Personal leave of absence
means any
				period of time in which a licensee ceases operation of or employment by a
				facility where there is no legal entitlement for such absence.
Program
means the vending facilities
				program at the Massachusetts Commission for the Blind.
Qualified applicant
means an
				individual determined by the Commission to be blind, a citizen of the United
				States, 18 years of age or older, and meeting the eligibility criteria for the
				Program's training course.
Randolph-Sheppard Act
means that
				federal law found at 20 U.S.C. c. 6a, § 107
et seq
., as
				amended giving priority to licensed blind vendors in the operation of vending
				facilities on federal property. Its implementing regulations are at 34 CFR Part
				395 and are enforced by the United States Department of Education.
Satisfactory site
means an area
				that:
(a) is fully accessible to facility patrons;
(b) has sufficient space available for the vending and storage
				of articles necessary for the operation of a facility, which space shall not be
				less than 250 square feet in the case of federal properties; and
(c) has sufficient electrical, plumbing, heating, and
				ventilation outlets for the facility to be operated in full compliance with
				applicable health laws and building codes.
Set-aside
means funds which accrue to
				the Commission from an assessment against the net proceeds of each vending
				facility pursuant to
				111 CMR 3.08(9)
				 and any income from vending machines on
				federal property which accrues to the Commission pursuant to
				111 CMR
				3.10.
Site grantor
means a legal entity
				which has executed a permit authorizing the Commission to establish and/or
				operate a vending facility on property within the control of said
				entity.
State
means state, territory,
				possession (of the United States,) Puerto Rico, or the District of
				Columbia.
State Committee
means State Committee
				of Blind Vendors as described at
				111 CMR 3.16,
				unless the context indicates otherwise.
Vending facility
means either an
				automatic vending machine, cafeteria, snack bar, cart service, shelter,
				counter, or such other appropriate auxiliary equipment which is necessary for
				the sale of newspapers, periodicals, confections, tobacco products, foods,
				beverages, and other articles or services dispensed automatically or manually
				and prepared on or off the premises in accordance with applicable health laws,
				and including the vending or exchange of chances authorized by state law and
				conducted by an agency of the Commonwealth.
Vending machine
means, for the purpose
				of assigning vending machine income under this chapter, a coin or currency
				operated machine which dispenses articles or services, except that 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 a
				recreational nature, and telephones shall not be considered to be vending
				machines.
Vending Machine Income
means receipts
				(other than those of a Vendor) from vending machine operation on Federal
				property, after deducting the cost of goods sold including reasonable service
				and maintenance costs in accordance with customary business practices of
				commercial vending concerns, where the machines are operated, serviced, or
				maintained by, or with the approval of, a department, agency, or
				instrumentality of the United States, or commissions paid (other than to a
				vendor) by a commercial vending concern which operates, services, and maintains
				vending machines on Federal property for, or with the approval of, a
				department, agency, or instrumentality of the United States.
Vendor
means a licensee who is
				operating a vending facility on federal or other property.
Vendor of Record
means a vendor who
				either:
(a) began operating his or her current facility prior to the
				effective date or this regulation and is identified in the program's records as
				so operating said facility; or
(b) began operating his or her current facility on or after the
				effective date of this regulation and has executed an agreement substantially
				the same as the Vendor of Record Agreement at
				111 CMR 3.19:
Appendix 2
.
Vendors Agreement
means a Selection
				Agreement and/or a Vendor of Record Agreement as described at
				111 CMR
				3.08(2), and substantially
				the same as the Agreements at
				111 CMR
				3.10:
Appendix 1 and
				2
.