Administrative Code

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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

22VAC45-20-120. Distribution and use of income from vending machines.

A. Income from vending machines (with the exception of revenues derived from the state highway vending program), shall accrue to each vendor operating a vending facility on such property. The amount shall not exceed the average net income of the total number of blind vendors within the Commonwealth as determined each fiscal year on the basis of each prior year's operation, except that vending machine income shall not accrue to any blind vendor in any amount exceeding the average net income of the total number of blind vendors in the United States.

B. No blind vendor shall receive less vending machine income than that vendor was receiving during the calendar year prior to January 1, 1974, as a direct result of any limitation imposed on such income under this ceiling.

C. No limitation shall be imposed on income from vending machines combined to create a vending facility when such facility is maintained, serviced, or operated by a blind vendor.

D. The department will disburse vending machine income to eligible blind vendors on at least a quarterly basis.

E. The department shall retain vending machine income that is in excess of the amount eligible to accrue to a blind vendor in a facility. Funds received from these facilities will be used for:

1. The establishment and maintenance of retirement or pension plan;

2. Contributions toward a health insurance program; and

3. The provision of paid sick leave and vacation time for blind licensees.

The purposes stated must be approved by a majority vote of the licensed vendors after each licensee has been furnished information relevant to such purpose.

F. Any vending machine income not necessary for such purposes shall be used for one or more of the following:

1. Maintenance and replacement of equipment;

2. Purchase of new equipment;

3. Management services; and

4. Assuring a fair minimum return to vendors.

G. Any assessment charged to blind vendors shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

Statutory Authority

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

Historical Notes

Derived from VR670-02-1 § 4.2, eff. March 28, 1990; amended, Virginia Register Volume 35, Issue 23, eff. August 23, 2019.

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