Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 403 - VENDING FACILITIES PROGRAM
Subchapter 1 - OVERVIEW AND PROGRAM ADMINISTRATION
Section 17-403-2 - Applicable definitions
As used in this chapter:
"Act" means the Randolph-Sheppard Act ( Pub. L. 74-732), as amended by Pub. L. 83-565 and Pub. L. 93-516, 20 U.S.C, ch. 6A, section 107.
"Active participation" means a Joint decision-making process between the Hawaii State Committee of Blind Vendors (HSCBV) and the State Licensing Agency (SLA or Hoopono) with respect to the following categories:
(1) major administrative, policy, or program development decisions affecting the overall administration of the vending facility program;
(2) development and administration of a system for the transfer and promotion of blind vendors;
(3) development of training and retraining programs for blind vendors;
(4) sponsorship, with Hoopono's assistance, of meetings and instructional Conferences for Hawaii's blind vendors;
(5) significant expenditures (as determined by the SLA in consultation with the HSCBV chair) from the Randolph-Sheppard Revolving Account established pursuant to section 347-12.5, HRS (RSRA);
(6) changes in facility composition, as well as adding or closing of facilities;
(7) selection of vending facility staff and Consultants.
"Authority" means the State, county, or city agency or department responsible for management of a State, county, or city building.
"Blind person" means a person who, after examination by a physician skilled in diseases of the eye or by an Optometrist, whichever the person shall select, has been determined to have:
(1) Not more than 20/200 central visual acuity in the better eye with correcting lenses; or
(2) 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.
"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 vendor, except that vending machines or 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) 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.
"Equipment" means:
(1) Counters, shelving, display and wall cases, refrigeration apparatus and other appropriate equipment necessary for the purpose of establishing persons who are blind in gainful employment pursuant to the Act or section 102-14, HRS;
(2) Cafeteria or snack bar facilities for the dispensing of foodstuff and beverages; and
(3) Manual, coin, or bill, bank, or card operated vending machines.
"Federal property" is as is defined in 34 C.F.R. § 395.1.
"Hawaii State Committee of Blind Vendors" or "HSCBV" means the State committee elected by vendors to actively participate with the SLA in the administration of the vending facility program.
"Initial stock and supplies" means merchandise, expendable stock, supplies, and operating capital which is purchased with vocational rehabilitation funds or funds deposited into the RSRA for the purpose of establishing a vending facility pursuant to this chapter.
"License" means a written instrument issued by the SLA to a person who is blind, pursuant to the Act, authorizing such person to operate a vending facility on federal or other property.
"Maintenance of equipment" means all the repairs necessary to keep the equipment operational. For example, this could include the purchase of a new motor for a refrigerator or the replacement of glass in a showcase. Refurbishment such as finishing and painting counters, shelving, and the like also is considered to be maintenance. However, replacement of filters and the like, so long as such tasks can be safely accomplished by the blind vendor or the trainee, or such tasks do not fiscally overburden the facility, is not considered to be maintenance of equipment.
"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, including equipment and initial stock as provided by 20 U.S.C. § 107 b(2). Management Services does not include those Services or costs which pertain to the ongoing Operation of an individual facility after the initial establishment period.
"Other property" means property which is not Federal property and on which vending facilities are established or operated.
"Permit" means the permit required by HRS § 102-14(c).
"Replacement of equipment" means the total replacement of a Single piece of equipment as a unit; for example, the purchase of a new refrigerator. A number of units of equipment for a single stand location may be purchased as replacement equipment at one time. A portion or a part of a piece of equipment; i.e., a refrigerator motor, may not be considered as replacement equipment but must be charged as maintenance and repair. Counters may be replaced in total, but the installation of a new glass or refinishing of surfaces should be considered maintenance and repair.
"Randolph-Sheppard Revolving Account" or "RSRA" is the account established pursuant to section 347-12.5, HRS.
"Satisfactory site" means an area fully accessible to a sufficient number of vending facility patrons to ensure the facility will contribute to the economic opportunity of an individual or individuals who are blind or visually impaired as determined by the SLA and having adequate space to ensure that patrons are adequately served:
(1) A minimum of 250 square feet available for vending and a minimum of 150 square feet available for storage of articles necessary for the Operation of a vending facility; and
(2) Sufficient electrical, plumbing, heating, air conditioning, and Ventilation outlets for the location and Operation of a vending facility in accordance with applicable health laws and building codes.
"Secretary" means the secretary of the U.S. department of education.
"State licensing agency" or "SLA" mean the department of human Services as the State agency designated by the Secretary under the Act, to issue licenses to blind persons for the Operation of vending facilities on Federal and other property, and to issue licenses to persons who are blind for the Operation of vending facilities in State, city or county buildings under section 102-14, HRS.
"State vocational rehabilitation agency" means that agency in the State providing vocational rehabilitation Services to the blind as the sole state agency under a State plan for vocational rehabilitation Services approved pursuant to the provisions of the Rehabilitation Act of 1973, as amended (29 U.S.C., chapter 16).
"Vending facility" means automatic vending machines, cafeterias, snack bars, cart Service, shelters, counters, and such other appropriate auxiliary equipment which may be operated by blind 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, and including the vending or exchange of chances for any lottery authorized by state law and conducted by an agency of a state within such state. Vending facility also includes any other facility established by the SLA and operated by a blind vendor.
"Vending machine" means a manual, coin, currency, bank credit or debit card 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 blind vendor) from vending machine Operations on Federal property, or in State, city or county buildings, after deducting the costs 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, State, city or county, or commissions paid (other than to-a blind vendor) by a commercial vending concern which operates, Services, and maintains vending machines on Federal, State, city or county property for, or with the approval of, a department, agency, or instrumentality of the United States, State, city or county.
"Vendor" means a blind licensee who is operating a vending facility on Federal or other property under the Act, or in a State, city or county building under section 102-14, HRS and this chapter.
"Visually impaired person" means a person who has some visual impairment-not to the extent that the individual can claim special tax exemptions as a legally blind person-but to the extent that the Visual impairment seriously interferes with achievement of the person's maximum social, educational, and economic Potential.
"Vocational Rehabilitation Services" or "VR Services" means those Services defined in section 103 of the Rehabilitation Act of 1973, as amended, and 34 C.F.R., chapter 361 C.F.R. §395.1.
