New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED
Part 729 - BUSINESS ENTERPRISE PROGRAM
Section 729.18 - Vending facility operating agreements with licensees

Universal Citation: 18 NY Comp Codes Rules and Regs § 729.18

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The commission will enter into an operating agreement with a licensee to operate a specific vending facility. Such agreement will be on forms prepared by the commission and will set forth:

(1) an inventory of commission-owned equipment;

(2) the required days and hours of operation;

(3) a list of approved merchandise for sale;

(4) a statement regarding vending machines or vending machine commissions which may comprise part or all of the vending facility;

(5) a statement indicating that the licensee agrees to operate the vending facility in compliance with all applicable State and Federal laws and regulations, and all commission policies and procedures, including any changes thereto;

(6) a statement that the use or presence of alcoholic beverages and illegal drugs at the vending facility, with the exception of alcoholic beverages used in food preparation, are strictly prohibited;

(7) a statement that the licensee may not discriminate against any person or persons because of sex, race, age, creed, color, national origin, sexual orientation, military status, marital status, physical or mental disability, political affiliation, domestic violence victim status, predisposing genetic characteristics or any other basis prohibited by the Executive Law sections 291-296 in furnishing, or by refusing to furnish to such person or persons, the use of any vending facility, including any and all services, privileges, accommodations and activities provided by the licensee; and

(8) the signatures of the licensee and a representative of the commission.

(b) A signed copy of the operating agreement will be provided to the licensee. The operating agreement will remain in effect for so long as the licensee manages the vending facility. Such agreement may be terminated if the commission determines that the licensee is not operating the vending facility in compliance with this Part or the terms and conditions of the operating agreement and/or commission policies and procedures.

(c) The commission must obtain from a licensee a signed statement indicating that the licensee understands and will comply with the provisions of the operating agreement issued under this Part.

(d) In the event such agreement is revoked or terminated, the licensee will be removed as manager of the vending facility. The licensee remains responsible for any indebtedness incurred in the operation of the vending facility until the date such agreement is revoked.

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