N.Y. Comp. Codes R. & Regs. tit. 18 § 729.20

Current through Register Vol. 46, No. 45, November 2, 2024

Section 729.20 - Vending machines

(a) When it is deemed to be in the best interests of the Business Enterprise Program, the commission will negotiate, arrange for public bidding, and enter into contracts with commercial vending concerns to operate, service and maintain vending machines at vending facilities other than those vending facilities consisting entirely of vending machines located at more than one location, and at other areas on State property, with the approval of the head of the department, agency, or instrumentality in control of the maintenance, operation and protection of such State property. The commission may provide food, beverages, confections and other products, articles and services to be sold through such vending machines and under such contracts, monitor such contracts, and compel performance by licensees and commercial vending concerns in accordance with such contracts. The commission will further collect vending machine income and/or cause vending machine income to be disbursed to licensees. Any such income which is not assigned to a licensee will be retained by the commission and deposited in the set-aside fund. The commission may assign vending machine income to a licensee when it determines that the licensee has direct responsibility for the operation and service of the vending machine(s).

(b) Subject to the provisions of section 729.19(f)(2), a licensee is eligible to receive income from any vending machine(s) located in the same building, location, installation or facility as the licensee's vending facility, as defined by the scope of the permit. In order for two or more buildings to be considered one location or facility, the buildings must be located in close proximity to each other.

(c) At the discretion of the commission, vending machine income assigned to a licensee may be re-assigned to, or shared with, another licensee operating a vending facility on the same State property.

(d) The provisions of subdivisions (a), (b) and (c) of this section do not apply to vending stands or vending machines operated by licensees who were receiving income from such vending machines pursuant to permits issued to the licensees before the effective date of this regulation, or to vending facilities consisting entirely of vending machines located at more than one location.

(e) Vending machine income which accrues to the commission from vending machine operations on State property will be placed in the set-aside fund and used for those purposes permitted by law which are determined by the commission to best serve the interests of the Business Enterprise Program. Such determinations will be made with the active participation of the State Committee of Blind Vendors. Nothing herein will preclude the commission from making final determinations and/or expenditures pursuant to this subdivision.

(f) The heads of the departments, agencies and instrumentalities of the State must give priority to the commission for the operation of vending machines in buildings, installations and facilities under their control and must comply with this section.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 729.20

Amended New York State Register October 7, 2015/Volume XXXVII, Issue 40, eff.10/7/2015