New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 4 - PERSONS WITH DISABILITIES
Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS
Section 9.4.5.24 - LIMITATION ON AND DISTRIBUTION OF LICENSED MANAGER INCOME FROM VENDING MACHINES IN DIRECT COMPETITION
Universal Citation: 9 NM Admin Code 9.4.5.24
Current through Register Vol. 35, No. 18, September 24, 2024
A. Purpose - limitation on vending machine income (commissions):
(1) Vending machine income from vending
machines on federal property, that has been disbursed to the SLA by a property
managing department, agency or instrumentality of the United States under the
vending machine income sharing provision in Section 395.32 of the federal
regulations or vending machine income from vending machines on state or other
property which has been disbursed to the SLA, shall accrue to each licensed
manager operating a vending facility on such property in an amount not to
exceed the average net income of the total number of managers within the state,
as determined each fiscal year on the basis of each prior year's operation,
except that vending machine income shall not accrue to any manager in any
amount exceeding the average net income of the total number of managers in the
United States for the most recent federal fiscal year for which such
information is available.
(2) No
licensed manager shall receive less vending machine income than he/she received
during the calendar year prior to January 1, 1974, as a direct result of any
limitation imposed on such income under this ceiling.
(3) No limitation shall be imposed on income
from vending machines, combined to create a vending facility, when such
facility is maintained, serviced and operated by a licensed manager.
(4) The SLA will retain vending machine
income disbursed by a property managing department, agency or instrumentality
of the United States or received from vending machines on state or other
property in excess of the amounts eligible to accrue to licensed
managers.
B. Distribution of vending machine income: The SLA will disburse vending machine income from machines in direct competition to licensed managers on at least a quarterly basis. Use of income: If it is so determined by a majority vote of the licensed managers, after each manager has been furnished information on all matters relevant to such purposes:
(1) vending machine income from federal
properties retained by the SLA in excess of the amount remitted to the managers
will be limited to the following uses:
(a) the
establishment and maintenance of retirement or pension plans;
(b) health insurance contributions;
and
(c) provision of paid sick
leave and vacation time for managers, if it is so determined by a majority vote
of licensed managers licensed by the SLA after such agency has provided to each
licensed manager information on all matters relevant to such purpose;
(2) any vending machine income
from federal properties not necessary for the purposes listed above shall be
used for one or more of the following purposes:
(a) maintenance and replacement of
equipment;
(b) purchase of new
equipment;
(c) management services;
and/or
(d) assuring a fair minimum
return to licensed managers.
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