N.M. Admin. Code § 9.4.5.24

Current through Register Vol. 35, No. 23, December 10, 2024

Section 9.4.5.24 - LIMITATION ON AND DISTRIBUTION OF LICENSED MANAGER INCOME FROM VENDING MACHINES IN DIRECT COMPETITION

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.

N.M. Admin. Code § 9.4.5.24

4/15/97; Recompiled 10/01/01