Michigan Administrative Code
Department - Labor and Economic Opportunity
Bureau of Services for Blind Persons
Vending Facility Program Rules
Section R. 393.24 - Licensee obligations generally
Universal Citation: MI Admin Code R. 393.24
Current through Vol. 24-16, September 15, 2024
Rule 24.
(1) Each licensee shall agree to do all of the following:
(a) Perform, to the best of his or her
ability, the necessary duties in connection with the vending facility pursuant
to the commission's rules and procedures, the terms of the permit, and the
agreement with the licensee and otherwise abide by the rules of the
commission.
(b) Operate not more
than 1 concession as defined in the act.
(c) Take no action in derogation of, or
inconsistent with, the title of the state of Michigan to the vending facility
equipment.
(d) Sign the vending
facility agreement, agreeing to accept full responsibility for the amount of
the initial merchandise inventory. The licensee further agrees to maintain that
level of inventory at all times, with the exception of seasonal business
cycles, until he or she leaves the facility. Nothing contained in the vending
facility agreement makes the parties partners or joint venturers with each
other. The only relationship between the commission and the vending facility
operator is that of agency and license. Nothing in the vending facility
agreement renders either of the parties liable to any third party for debts of
or litigation of the other party.
(e) Notify the promotional agent, within 2
weeks of when a vending facility is assigned, of any problems with the
inventory. After that date, the commission is not obligated to adjust the
inventory or reimburse for bad products.
(f) Submit, in writing, requests for facility
renovations, or discuss, with the assigned promotional agent, facility
renovations as a component of the annual vending facility evaluation process.
Proposed renovations shall be forwarded to the central office of the
commission.
(g) Admit duly
authorized representatives of the commission to the vending facility and
cooperate with them in connection with their official duties and
responsibilities.
(h) Sell only the
types of merchandise itemized in the agreement signed by the licensee and the
commission.
(i) Pay for all
merchandise and supplies purchased within the terms and conditions of the
credit policies of suppliers.
(j)
Obtain approval of the commission, except in emergencies, before employing
assistants within the guidelines established by the commission board with the
active participation of the committee.
(k) Conform to the hours of operation as
fixed by the commission after consultation with the licensee and the agency
having charge of the property. The hours of operation shall be stated on the
vending stand agreement.
(l)
Participate in the in-service training programs provided.
(m) Obtain and maintain a general
comprehensive liability insurance policy and, if the licensee hires1 or more
full-time or part-time employees, obtain and maintain workers' disability
compensation coverage and pay unemployment taxes and all other applicable
federal, state, and local taxes.
(n) Comply with all applicable federal and
state laws and regulations, including tax laws.
(o) The commission shall commence license
revocation proceedings if a licensee fails to comply with any of the provisions
specified in this subrule.
(2) A licensee shall not discriminate against any person or persons in furnishing the use of any vending facility, including any and all services, privileges, and accommodations provided. A licensee shall comply with all of the following:
(a) Title VI
of the civil rights act of 1964, 42 U.S.C. § 200 d and regulations issued
under title VI of the civil rights act of 1964.
(b) The Americans with disabilities act of
1990,
42 U.S.C.
§12101 et seq.
(c) 1976 PA 220, as amended, MCL
37.1101.
(d) Any other applicable
civil rights legislation.
(3) A licensee shall refer repairs to facility structure and utilities to the commission for action. If the needed repair is an emergency and requires immediate attention, then the licensee shall contact building personnel to effect the necessary repairs.
Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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