729.20 Vending machines.
(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. Ile 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) A licensee is eligible to receive income from vending machines
located in the same building, location, installation or facility as the licensee's vending
facility. 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 whictr 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.