La. Admin. Code tit. 67 § VII-509
Acquired Stock- that stock in which the licensed manager has accrued equity and which the state licensing agency, in conjunction with the licensed manager or licensed managers involved, has determined is suitable for use. Stock in which the licensed manager has not accrued equity is not acquired stock and remains the property of the state licensing agency.
Act- the Randolph-Sheppard Vending Facility Act ( Public Law 74-732), as amended by Public Law 83-565 and Public Law 93-516, 20 U.S.C., Ch. 6A, Sec. 107
Active Participation - an ongoing process of good faith negotiations between Louisiana Rehabilitation Services and the Louisiana Blind Vendors elected committee to achieve joint planning of policies, procedures, standards, rules, and regulations affecting the overall operation of the Business Enterprise Program prior to implementation by Louisiana Rehabilitation Services. Louisiana Rehabilitation Services shall have final authority and responsibility in all decisions relative to the administration and operation of the Business Enterprise Program. Active participation shall include the requirements set forth in 34 CFR 395.14 (b)(1), (3), and (4).
BEP- the Business Enterprises Program of the state licensing agency which provides self-employment opportunities for qualified persons who are blind.
BEP Administrator- the person who has responsibility for the operation of the Business Enterprises Program in the state.
Blind Person - a person who, after examination by a licensed physician skilled in the diseases of the eye or by a licensed optometrist, has been determined to have:
Blind Services Executive Director- the person responsible for administering and coordinating services to the blind and severely visually impaired individuals of the state.
Blind Vendors Trust Fund- monies collected from certain vending machines located on state, federal, and other property, and the disbursement thereof.
Board or Commission- the governing body for the state licensing agency.
Business Consultant (BC)- an individual who provides consultative and management services to those business enterprises and licensed managers in the area of the state to which the consultant is assigned.
Business Enterprise- an approved business administered by the state licensing agency . See definition of vending facility.
Business Enterprises Program (BEP)- the Business Enterprises Program services available to establish business enterprises for persons who are blind.
Cafeteria Facility- a food dispensing business enterprise capable of providing a broad variety of prepared foods and beverages (including hot meals) primarily through the use of a line where customers serve themselves from displayed selections. A cafeteria may be fully automatic or provide limited waiter or waitress service. Table and/or booth seating facilities are always provided.
Commissioner- the Commissioner of the Rehabilitation Services Administration (RSA) who exercises approval authority for the Federal government under the Randolph-Sheppard Act.
Committee- the State Elected Committee of Licensed Managers.
Consumer- any person who has made application for the state licensing agency's services and has been determined by the state licensing agency to be eligible for services.
Contract- a written agreement between the state licensing agency and officials in control of federal or other property to establish a business enterprise.
Contract Labor- a person or company that performs duties or services not a part of the regular duties of the business enterprise.
Counselor- Rehabilitation Services counselors assigned to the State Licensing Agency's Program of Vocational Rehabilitation.
Director or Executive Director- the chief administrator of the state licensing agency.
Displaced Licensing Manager- a licensed manager who has been displaced from his or her business enterprise through no fault of his or her own.
Dry/Wet Facility- all facilities providing manual dispensing of prepackaged articles, refreshments, and services.
Elected Committee of Licensed Managers (ECM)- the committee elected biennially by licensed managers in accordance with 34 CFR 395.14.
Equipment, Expendable- items having a relatively small cost per item and having a relatively short life expectancy.
Equipment, Non-Expendable- all necessary equipment which requires a relatively high capital outlay and has a normal life expectancy of several years.
Federal Property- any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality of the United States (including the Department of Defense and the United States Postal Service), or any other instrumentality wholly owned by the United States.
Federal Regulations- the regulations issued pursuant to the Randolph-Sheppard Act.
Grantor- a federal, state, county, parish, city government, private corporation, company, partnership, or individual who grants a permit or enters into an agreement with the state licensing agency to operate a business enterprise on its/their property.
Grantor's Agreement- a written document between a grantor and the state licensing agency which sets forth the terms, conditions and responsibilities of all parties to the agreement for the operation of a business enterprise on private and/or public property.
Gross Receipts- all revenue including sales tax.
Initial Stock and Supplies- those resalable items or supplies necessary for the opening and operation of a specific type of business enterprise.
Interim Manager- a licensed manager appointed to manage a business enterprise on a temporary basis.
License- a written instrument issued by the state licensing agency to a person who is blind, authorizing such person to manage a business enterprise.
Licensed Manager- a licensed individual who has signed an agreement with the state licensing agency to manage a Randolph-Sheppard Business Enterprise under the supervision of the state licensing agency, or an individual awaiting assignment to a business enterprise.
Licensing Agency- the state licensing agency, which has been designated by the commissioner, pursuant to the Act, to issue licenses to persons who are blind for the management of business enterprises.
Management Services - 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 operated by blind vendors. Management services do not include those services or costs which pertain to the on-going operation of an individual facility after the initial establishment period.
Manager's Agreement- an agreement between a licensed manager and the state licensing agency, establishing basic terms and conditions for management of a business enterprise.
Net Earnings or Net Profits- gross profit after deducting operating expenses and set-aside collected.
Net Proceeds- the amount remaining from the sale of articles or services of business enterprises and a vending machine income or other income accruing to licensed managers after deducting the cost of such sales and other authorized expenses excluding set aside charges required to be paid by the licensed managers.
Net Sales- the sum total of sales, excluding sales tax.
Other Income- money received by a licensed manager from sources other than over the counter and machine sales.
Other Property- property which is not federal property and on which business enterprises are established or operated by the use of any funds derived in whole or in part, directly or indirectly, from the operation of vending facilities on any federal property.
Permit- the official approval given a state licensing agency by a department, agency, or instrumentality in control of the maintenance, operation and protection of federal property or person in control of other property where the state licensing agency is authorized to establish a business enterprise.
Purveyor- an approved source of supply for food, beverages, supplies, or services.
Randolph-Sheppard Act- Public Law 74-732 as amended by Public Law 83-565, Public Law 93-516, and Public Law 95-602, 20 U.S.C. Chapter 6A, Section 107
Routine/Preventive Maintenance- the regular care, upkeep, and cleaning of equipment used in a business enterprise whether owned by the state licensing agency or the licensed manager.
Rules and Regulations- the instrument written by the state licensing agency and approved by the Secretary of Education setting forth the conduct and operation of the Business Enterprises Program.
Salable Stock- products comprising the merchandise available for sale to the public.
Satellite Business Enterprise- a business enterprise without a permanently assigned licensed manager which is being operated by a licensed manager who is also operating his/her regularly assigned business enterprise.
Satisfactory Site- an area determined by the BEP Administrator to have sufficient space, electrical and plumbing outlets, and other such accommodations as prescribed by the Act, for the location and operation of a business enterprise in accordance with applicable health laws and building codes.
Secretary- the United States Secretary of Education.
Snack Bar Business Enterprise- a business enterprise engaged in selling limited lines of refreshment and prepared food items necessary for a light meal service.
State Licensing Agency (SLA)- the state agency that issues licenses to persons who are blind for the operation of business enterprises on public and/or private property.
State Property- lands, buildings, and/or equipment owned, leased, or otherwise controlled by the state.
Statewide Average Manager Earnings- the average annual manager earnings as calculated each year for the RSA-15 Report.
Trainee- a qualified Vocational Rehabilitation consumer, who when referred to the Business Enterprises Program, is placed in training to prepare for licensing under the rules and regulations of the state licensing agency.
Training Program- the program of study and/or on-the-job training provided to prospective and/or experienced licensed managers.
Vending Facility- automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment which may be operated by licensed managers and which 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 or exchange of changes for any lottery authorized by state law and conducted by an agency of a state within such state [CFR 34, Part 395.1(x)].
Vending Machine- any coin or currency operated machine which dispenses articles or services, except any machine operated by the United States Postal Service for the sale of postage 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 Facility- an automatic coin or currency operated business enterprise which dispenses a variety of food and refreshment items and services. Including in this category would be interstate highway locations.
Vocational Rehabilitation Services- those services as defined in the Rehabilitation Act, 1973, as amended.
La. Admin. Code tit. 67, § VII-509