Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 20 - REGULATIONS TO GOVERN THE OPERATION OF VENDING FACILITIES IN PUBLIC BUILDINGS AND OTHER PROPERTY › Part I - Introduction › Section 22VAC45-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Act" means the Randolph-Sheppard Vending Stand Act ( P.L.
					 74-732 ), as amended by P.L. 83-565 and P.L. 93-516, 20 USC, Chapter 6A, §
					 107.
"Blind licensee" means a blind person licensed by the state
					 licensing agency to operate a vending stand or vending facility on public or
					 other property.
"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 (i) not more than 20/200
					 central visual acuity in the better eye with correcting lenses, or (ii) an
					 equally disabling loss of the 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 degrees pursuant to
					 34 CFR
					 395.1(c).
"Custodian" means any person or group of persons having the
					 authority to grant permission for the installation and operation of vending
					 facilities and vending stands.
"Department" or "DBVI" means the Department for the Blind
					 and Vision Impaired.
"Direct competition" means the presence of an operation of
					 a vending machine or a vending facility on the same premises as a vending
					 facility operated by a blind vendor. (Vending machines or vending facilities
					 operated in areas where the majority of employees do not have direct access to
					 the vending facility operated by a blind vendor, shall not be considered to be
					 in direct competition with the vending facility operated by a blind
					 vendor.)
"License" means a written instrument issued by the state
					 licensing agency to a blind person, authorizing such person to operate a
					 vending facility or vending stand.
"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 and vending stands operated by blind vendors. "Management
					 services" does not include those services or costs which pertain to the ongoing
					 operating of an individual facility after the establishment period.
"Net proceeds" means the amount remaining from the sale of
					 articles or services of vending facilities, vending stands, or other income
					 accruing to blind vendors after deducting the cost of such sale and other
					 expenses.
"Nominee" means a nonprofit agency or organization
					 designated by a state licensing agency through a contractual arrangement to act
					 as its agent in the provision of services to blind licensees.
"Permit" means the official approval given to a state
					 licensing agency by a department, agency, or instrumentality in control of
					 maintenance operation and protection of federal property, or person in control
					 of public and private buildings and other properties, whereby the state
					 licensing agency is authorized to establish a vending facility or vending
					 stand.
"Program" means all the activities of the state licensing
					 agency under this chapter related to public and private buildings and other
					 properties throughout the Commonwealth.
"Public and private buildings and other properties
					 throughout the Commonwealth" means buildings, land, or other property owned by
					 or leased to the Commonwealth or a political subdivision, including a
					 municipality, or a corporation or individual.
"Set aside funds" means funds which accrue to a state
					 licensing agency from an assessment against the net proceeds of each vending
					 facility or vending stand in the state's vending facility program and any
					 income from vending machines on public and private buildings and other
					 properties which accrue to the state licensing agency.
"State vocational rehabilitation agency" means the state
					 agency designated by the Secretary of Education to issue licenses to blind
					 persons for the operation of vending facilities and vending stands on public
					 and private buildings and other properties throughout the Commonwealth.
"Vending facility" means automatic vending machines,
					 cafeterias, snack bars, cart service, shelters, counters, and such other
					 appropriate auxiliary equipment that may be operated by blind licensees and
					 that 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, and including the vending for any lottery
					 authorized by state law and conducted by an agency of a state within such
					 state.
"Vending stand" means an installation in any public or
					 private building for the sale of newspapers, periodicals, confections, tobacco
					 products, soft drinks, ice cream, wrapped foods, and other such articles as may
					 be approved by the custodian and the department.
"Vending machine" means a coin or currency operated machine
					 that dispenses articles or services, except that those machines operated by the
					 United States Postal Service for the sale of 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 from public,
					 private, and other property after deducting applicable costs where (i) the
					 machines are operated by the property custodian, (ii) commissions are received
					 by the property custodian, and (iii) an activity receives income from a
					 commercial vending firm that provides vending machines on the property with the
					 approval of the property custodian.
"Vendor" means a blind licensee who is operating a vending
					 facility or vending stand on federal property, in a public or private building,
					 or on other property throughout the Commonwealth.
Statutory Authority: §§
												51.5-65
						and
						51.5-78
						of the Code of Virginia.