South Carolina Code of Regulations › Chapter 18 - SOUTH CAROLINA COMMISSION FOR THE BLIND › Title 1 - BUSINESS ENTERPRISE PROGRAM › Section 18-1 - Purpose and Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Purpose
The South Carolina Commission for the Blind is designated as the State Licensing Agency for the Randolph-Sheppard Vending Facility Program. The program establishes, constructs, equips and maintains vending facilities on suitable public and private sites in order to provide qualified blind individuals with remunerative employment opportunities as Blind Licensed Vendors. The Rules and Regulations herein have been adopted to enable the South Carolina Commission for the Blind to carry out it's full responsibilities under the Randolph-Sheppard Act, and assure the effective conduct of the Business Enterprise Program and the operation of each Vending Facility established under the program in accordance with 34 CFR Part 395, and with the requirements and conditions of each property managing agency, including the conditions contained in agreements, as well as in all applicable Federal and State laws, local ordinances and regulations.
B. Definitions
1. "Agency" means The South Carolina Commission for the Blind.
2. "Blind Licensed Vendor" means a Blind Licensee who is operating a vending facility.
3. "Blind Licensee" means a blind person licensed by the State Licensing Agency to operate a vending facility on public or private property.
4. "Blind Person" means a person who, after examination by a physician skilled in diseases of the eye or by an Optometrist, whichever such person will select, has been determined to have a central visual acuity of 20/200 or less in the better eye with correcting glasses, or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance of no greater than twenty (20) degrees.
5. "Business Enterprise Program (BEP)" means that department of the South Carolina Commission for the Blind charged with the management and supervision of the Vending Facility Program and carrying out the Randolph-Sheppard Act.
6. "Direct Competition" means the presence and operation of a vending machine or vending facility on the same premises as a vending facility operated by a Blind Licensed Vendor. Vending facilities operated in areas serving employees the majority of whom normally do not have direct access in terms of uninterrupted ease of approach and the amount of time required to patronize the vending facility will not be considered to be in direct competition with the vending facility operated by a Blind Licensed Vendor.
7. "Full Time" means working a minimum of 37.5 hours per week.
8. "License" means a written instrument issued by the Agency to a blind person authorizing such person to operate a vending facility.
9. "Net Proceeds" means the amount remaining from the sale of articles or services of vending facilities and any vending machine or other income accruing to Blind Licensed Vendors after deducting the cost of such sale and other expenses.
10. "Normal Working Hours" means an eight-hour work period between the approximate hours of 8:00 a.m. to 6:00 p.m., Monday through Friday.
11. "Permit" or "Agreement" means the official approval given the Agency by a department, agency or instrumentality in control of the maintenance, operation and protection of Federal or other property, whereby the Agency is authorized to establish a vending facility.
12. "Probation" means the condition of being under warning of retribution if further action continue.
13. "Promotion" means the movement of a Blind Licensed Vendor to a vending facility where the demonstrated or projected earnings are higher than the Blind Licensed Vendor's present vending stand proceeds.
14. "Satisfactory Site" means an area fully accessible to vending facility patrons and having
a. A minimum of 175 people patronizing the vending facility per shift.
b. Normal required working hours not to exceed 50 hours per week per Blind Licensed Vendor.
c. Sufficient break time for the patrons to have access to the facility.
d. Availability of local wholesalers to the vending facility.
e. Solvency of the business firm.
f. A minimum of 250 square feet for the vending and storage of articles necessary for the operation of the facility; and
g. Sufficient electrical, plumbing, heating and ventilation outlets for the location and operation of a vending facility in accordance with applicable health laws and building codes.
15. "State Licensing Agency (SLA)" means the South Carolina Commission for the Blind (SCCB), which has been designated, under the provisions of the Randolph-Sheppard Act, to issue licenses to blind persons for the operation of vending facilities on federal or other property.
16. "Suspension" means status of a Blind Licensed Vendor in which he or she has lost all his or her rights and fringe benefits.
17. "Transfer" means the movement of a Blind Licensed Vendor to a vending facility that has demonstrated or projected earnings that are less than or approximately equal to the Blind Licensed Vendor's present vending stand proceeds.
18. "Vending Facility" means automatic vending machines, cafeterias, snack bars, canteens, car service shelters, counters and such other auxiliary equipment which may be operated by Blind Licensed Vendors and 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 all applicable health laws.
19. "Vending Machine" for the purposes of assigning income under these regulations, means 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 will not be considered to be vending machines.
20. "Vending Machine Income" means receipts (other than those of a Blind Licensed Vendor) from vending machine operations, after deducting the cost of goods sold (including reasonable service and maintenance costs in accordance with customary business practices of commercial vending concerns).
21. "Vendor Assistant" means a person who may or may not be blind who assists the Blind Licensed Vendor in the operation of a vending facility on a part-time or full-time basis.
22. "Vocational Rehabilitation Department" means that department of the South Carolina Commission for the Blind which, under the State plan for Vocational Rehabilitation Services approved pursuant to the provisions of the Rehabilitation Act of 1973, provides such services to the blind.