218 R.I. Code R. 218-RICR-50-00-3.10

Current through December 3, 2024
Section 218-RICR-50-00-3.10 - AWARDING OF VENDING FACILITIES
A. PRIMARY VENDING FACILITIES
1. Generally: A Vendor/licensee operating a primary vending facility who bids on, is awarded and accepts a new primary facility automatically relinquishes their current primary facility.
2. Primary Sites will be awarded according to the assignment criteria.
3. If a Vendor/licensee who is operating a secondary is suspended from a primary location, the Operating Agreement for the Secondary may be terminated. When the Operating Agreement for the site is terminated, the facility will be subject to the normal bid process.
4. The successful applicant may continue to run his/her current facility if there are no eligible Vendor/licensees awaiting placement. The S.L.A. will make every effort to reassign the current facility as soon as possible.
5. In the event that the Vendor/licensee selected refuses to accept the facility, the next senior and qualified Vendor/licensee applicant will be assigned the facility.
B. SECONDARY VENDING FACILITIES
1. If there are no applications for a facility as a primary facility, any applications for the facility as a secondary facility will be reviewed. First priority in assignment will be given to the most senior qualified applicant who can demonstrate the capacity to efficiently run the facility and is available to be present at the secondary site routinely.
2. Secondary sites will be awarded to Vendor/licensees for a minimum period of six (6) months under an operating agreement for secondary sites. If at any time an unassigned qualified Vendor/licensee in the BEP is in need of assignment - secondary sites will be surrendered.
3. As long as there are no unassigned Vendor/licensees awaiting placement, the Vendor/licensee who currently holds it may continue to operate it.
4. Any Vendor/licensee currently operating a secondary location will go to the bottom of the seniority list in terms of awarding any additional locations. Priority for award will be to the Vendor/licensee who has the fewest number of locations.
5. If a Vendor/licensee who is operating a secondary is suspended from a primary location, the Operating Agreement for the secondary may be terminated. When the Operating Agreement is terminated, the facility will be subject to the normal bid process.
C. SATELLITE VENDING FACILITIES
1. A satellite is a vending facility bid as a satellite and which a Vendor/licensee operates in addition to their primary location (such as a 'vending only' site). Satellites will be awarded according to the standard bidding protocol. A Vendor/licensee must be under an effective operating agreement for a primary facility in order to submit a bid for another facility as a satellite location. No Vendor/licensee will be allowed to assume more than one satellite until all other eligible Vendor/licensees have had the option to assume a satellite.
2. No Vendor/licensee will operate more than one satellite while there are other interested Vendor/licensees awaiting placement for either primary or secondary locations.
3. Vendor/licensees who operate satellite locations will be responsible to maintain and submit separate records concerning the operation of each facility to the S.L.A., as well as the payment of the set aside fee payment by separate checks.
4. If a Vendor/licensee who is operating a satellite is suspended from a primary or secondary location, the Operating Agreement for the Satellite may be terminated. When the Operating Agreement for the satellite is terminated, the facility will be subject to the normal bid process.
D. Available Facilities Receiving No Applications
1. If, after the bid process has been exhausted, no Vendor/licensee has bid to operate a facility as a primary or secondary or satellite, it may be closed or operated at the discretion of the S.L.A.
2. If after a secondary bid process yields no interested Vendor/licensees, and there is no reasonable belief that new Vendor/licensees will be entering BEP, then the S.L.A. in consultation with the RISCOBV may elect to surrender the location.
E. Facility Surrender or Relinquishment/Reassignment
1. All Vendor/licensees operating a facility under an operating agreement - whether primary, secondary, or satellite must operate said facility for a minimum of thirty (30) days.
2. All Vendor/licensees wishing to surrender a facility must provide thirty (30) days' notice to the S.L.A.
3. Exceptions will be made at the discretion of the S.L.A. for extenuating circumstances such as documented medical emergencies, substantial changes impacting the building population such that documented business proceeds are significantly reduced.
4. All conditions for surrender seeking exception to the thirty (30) day rule require documentation.

218 R.I. Code R. 218-RICR-50-00-3.10