§ 14-109. Maryland Vending Facilities Program for the Blind

MD State Fin & Pro Code § 14-109 (2019) (N/A)
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(a)    (1)    In this section the following words have the meanings indicated.

(2)    “Blind person” means a person who is:

(i)    blind; and

(ii)    licensed by the Division under the federal acts.

(3)    “Division” means the Division of Rehabilitation Services in the Department of Education.

(4)    “Program” means the Maryland Business Enterprise Program for the Blind.

(5)    “Vending facility” includes vending machines, cafeterias, snack bars, and other concession stands that sell food, beverages, newspapers, periodicals, confections, tobacco products, and other merchandise, including chances for the State Lottery.

(6)    “Vending machine” means a currency-operated machine that dispenses products or services.

(7)    “Vending machine income” means receipts, other than those of a blind vendor, from vending machine operations on property controlled by the Department of General Services after deducting the costs of the goods sold, including reasonable service and maintenance costs in accordance with customary business practices.

(b)    There is a Maryland Business Enterprise Program for the Blind in the Division.

(c)    (1)    Except as provided in paragraph (2) of this subsection, the Program has priority to operate a vending facility on property controlled by the Department of General Services.

(2)    If a facility required to give the priority under this section has vending facilities that are not operated by blind persons, the requirements of this section are waived until the earlier of:

(i)    the first expiration of a contract between the operator of the vending facility and the Department of General Services; or

(ii)    June 1, 1994.

(d)    (1)    The Division and the Department of General Services shall adopt regulations for:

(i)    the operation and maintenance of a vending facility by the Program; and

(ii)    the protection of State property.

(2)    The Department of General Services shall cooperate with the Division for the establishment, whenever possible, of vending facilities operated by the Program on Department of General Services property.

(3)    (i)    Any vending machine income that results from the provisions of this section shall accrue to the blind person managing the vending facility on the property where the income is generated in accordance with federal regulations governing the Vending Facilities Program for the Blind.

(ii)    If there is no person managing the vending facility, the vending machine income shall be distributed to the Division for the support of the Program.