New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.20 - Vending machines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When it is
		    deemed to be in the best interests of the Business Enterprise Program, the
		    commission will negotiate, arrange for public bidding, and enter into contracts
		    with commercial vending concerns to operate, service and maintain vending
		    machines at vending facilities other than those vending facilities consisting
		    entirely of vending machines located at more than one location, and at other
		    areas on State property, with the approval of the head of the department,
		    agency, or instrumentality in control of the maintenance, operation and
		    protection of such State property. The commission may provide food, beverages,
		    confections and other products, articles and services to be sold through such
		    vending machines and under such contracts, monitor such contracts, and compel
		    performance by licensees and commercial vending concerns in accordance with
		    such contracts. The commission will further collect vending machine income
		    and/or cause vending machine income to be disbursed to licensees. Any such
		    income which is not assigned to a licensee will be retained by the commission
		    and deposited in the set-aside fund. The commission may assign vending machine
		    income to a licensee when it determines that the licensee has direct
		    responsibility for the operation and service of the vending
		    machine(s).
(b) Subject to the
		    provisions of section
		    729.19(f)(2),
		    a licensee is eligible to receive income from any vending machine(s) located in
		    the same building, location, installation or facility as the licensee's vending
		    facility, as defined by the scope of the permit. In order for two or more
		    buildings to be considered one location or facility, the buildings must be
		    located in close proximity to each other.
(c) At the discretion of the commission,
		    vending machine income assigned to a licensee may be re-assigned to, or shared
		    with, another licensee operating a vending facility on the same State
		    property.
(d) The provisions of
		    subdivisions (a), (b) and (c) of this section do not apply to vending stands or
		    vending machines operated by licensees who were receiving income from such
		    vending machines pursuant to permits issued to the licensees before the
		    effective date of this regulation, or to vending facilities consisting entirely
		    of vending machines located at more than one location.
(e) Vending machine income which accrues to
		    the commission from vending machine operations on State property will be placed
		    in the set-aside fund and used for those purposes permitted by law which are
		    determined by the commission to best serve the interests of the Business
		    Enterprise Program. Such determinations will be made with the active
		    participation of the State Committee of Blind Vendors. Nothing herein will
		    preclude the commission from making final determinations and/or expenditures
		    pursuant to this subdivision.
(f)
		    The heads of the departments, agencies and instrumentalities of the State must
		    give priority to the commission for the operation of vending machines in
		    buildings, installations and facilities under their control and must comply
		    with this section.