1.Fees prohibited generally. Except as provided in subsection 2, a rental fee may not be required or received for the granting of authority to the division to operate a vending facility. [1997, c. 393, Pt. A, §31(NEW).]
2.Fees authorized; limitation. A rental fee or other fee may be charged to the operator only if the vending facility is located on commercial municipal property, including a public airport, where the following conditions are met: A. The vending facility generates revenue primarily from the general public at large rather than from public employees; [1997, c. 393, Pt. A, §31(NEW).]B. The vending facility occupies space for which there are other competing retail commercial uses and other retail users are, in fact, renting nearby public space on the property; and [1997, c. 393, Pt. A, §31(NEW).]C. The public owner depends on generating revenue from the space occupied by the vending facility. [1997, c. 393, Pt. A, §31(NEW).] Any rent or other fee charged to the operator must be less than what would otherwise be charged to a competing commercial tenant and must be pursuant to a written agreement. The terms of the agreement must adequately account for the value of investments made by the division to create or maintain the vending facility.
[1997, c. 393, Pt. A, §31(NEW).]
3.Application. This section applies to the rental of vending facilities and the renewal of any rental agreement after the effective date of this section. [1997, c. 393, Pt. A, §31(NEW).]
1995, c. 560, §F13 (NEW) . 1997, c. 393, §A31 (RPR) .