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Virginia Administrative Code
Title 22. Social Services
Agency 45. Department For The Blind And Vision Impaired
Chapter 20. Regulations to Govern the Operation of Vending Facilities in Public Buildings and Other Property
1/18/2021

22VAC45-20-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means the Randolph-Sheppard Vending Stand Act (P.L. 74‑732), as amended by P.L. 83‑565 and P.L. 93‑516, 20 USC, Chapter 6A, § 107.

"Blind licensee" means a blind person licensed by the state licensing agency to operate a vending stand or vending facility on public or other property.

"Blind person" means a person who, after examination by a physician skilled in diseases of the eye or by an optometrist, whichever such person shall select, has been determined to have (i) not more than 20/200 central visual acuity in the better eye with correcting lenses, or (ii) 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 pursuant to 34 CFR 395.1(c).

"Custodian" means any person or group of persons having the authority to grant permission for the installation and operation of vending facilities and vending stands.

"Department" or "DBVI" means the Department for the Blind and Vision Impaired.

"Direct competition" means the presence of an operation of a vending machine or a vending facility on the same premises as a vending facility operated by a blind vendor. (Vending machines or vending facilities operated in areas where the majority of employees do not have direct access 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.)

"License" means a written instrument issued by the state licensing agency to a blind person, authorizing such person to operate a vending facility or vending stand.

"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 and vending stands operated by blind vendors. "Management services" does not include those services or costs which pertain to the ongoing operating of an individual facility after the establishment period.

"Net proceeds" means the amount remaining from the sale of articles or services of vending facilities, vending stands, or other income accruing to blind vendors after deducting the cost of such sale and other expenses.

"Nominee" means a nonprofit agency or organization designated by a state licensing agency through a contractual arrangement to act as its agent in the provision of services to blind licensees.

"Permit" means the official approval given to a state licensing agency by a department, agency, or instrumentality in control of maintenance operation and protection of federal property, or person in control of public and private buildings and other properties, whereby the state licensing agency is authorized to establish a vending facility or vending stand.

"Program" means all the activities of the state licensing agency under this chapter related to public and private buildings and other properties throughout the Commonwealth.

"Public and private buildings and other properties throughout the Commonwealth" means buildings, land, or other property owned by or leased to the Commonwealth or a political subdivision, including a municipality, or a corporation or individual.

"Set aside funds" means funds which accrue to a state licensing agency from an assessment against the net proceeds of each vending facility or vending stand in the state's vending facility program and any income from vending machines on public and private buildings and other properties which accrue to the state licensing agency.

"State vocational rehabilitation agency" means the state agency designated by the Secretary of Education to issue licenses to blind persons for the operation of vending facilities and vending stands on public and private buildings and other properties throughout the Commonwealth.

"Vending facility" means automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment that may be operated by blind licensees and that 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 for any lottery authorized by state law and conducted by an agency of a state within such state.

"Vending stand" means an installation in any public or private building for the sale of newspapers, periodicals, confections, tobacco products, soft drinks, ice cream, wrapped foods, and other such articles as may be approved by the custodian and the department.

"Vending machine" means a coin or currency operated machine that dispenses articles or services, except that those machines operated by the United States Postal Service for the sale of 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 from public, private, and other property after deducting applicable costs where (i) the machines are operated by the property custodian, (ii) commissions are received by the property custodian, and (iii) an activity receives income from a commercial vending firm that provides vending machines on the property with the approval of the property custodian.

"Vendor" means a blind licensee who is operating a vending facility or vending stand on federal property, in a public or private building, or on other property throughout the Commonwealth.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 1.1, eff. March 28, 1990; amended, Volume 35, Issue 23, eff. August 23, 2019.

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