Appendix C
SAMPLE APPLICATION AND PERMIT
U.S. Department of Education
Office of Special Education and Rehabilitative Services
Rehabilitation Services Administration
Washington, D.C.
APPLICATION AND PERMIT FOR THE ESTABLISHMENT OF A VENDING FACILITY ON FEDERAL PROPERTY AS AUTHORIZED BY P.L. 74-732, AS AMENDED BY P.O. 83-565 AND TITLE II OF P.L. 93-516 (RANDOLPH-SHEPPARD ACT), and Implementing Regulations, 34 CFR, Part 395
The ________________ (designated state licensing agency) of the State of _____ requests approval of ____________________ (Federal Property Agency) to place a vending facility on the property located at _____________________________________________________________.
SATISFACTORY SITE: It has been determined that this location meets the criteria of a satisfactory site as defined in 34 CFR 395.1(q). Any exceptions are documented in Attachment A.
TYPE, LOCATION AND SIZE OF FACILITY:
Type of facility (defined in instructions for Form ED-RSA-15):
Facility location
Facility size (floor plan, Attachment B).
The types of articles to be sold and services to be offered are enumerated in Attachment C. The fixtures and equipment for this facility, including the responsibility for the provision thereof, are set forth in Attachment D. The location, type and number of vending machines which constitute all or a part of this facility are noted in Attachment E. The facility will operate _____ days of the week from _______ A.M. to _______ P.M. commencing on ____________________.
MACHINE INCOME SHARING: The type and location of each vending machine located on this property and the specific income sharing provisions in 34 CFR 395.32 applicable to each such machine will be indicated in Attachment F. Vending machine income will be disbursed to the state licensing agency on at least a quarterly basis unless it is mutually agreed otherwise.
OTHER TERMS AND CONDITIONS: Both parties shall comply with 34 CFR 395.35. Any additional terms and conditions applicable to this location are included in Attachment G. This permit shall be issued for an indefinite period of time subject to suspension or termination on the basis of noncompliance by either party with any of the agreed upon terms and conditions of the permit. By mutual agreement the state licensing agency and the property agency/owner may terminate the permit after providing notice of the intended termination, including the reason therefore and supporting documentation to the other party. Both parties shall comply with all regulations issued in Title VI of the Civil Rights Act of 1964. Reason for denial of the application shall be set forth in writing to the state.
_________________________________ _____________________________________
Approving Property Official Approving Licensing Agency Official
_________________________________ _____________________________________
Title Date Title Date
Attachments
INSTRUCTIONS FOR PREPARATION OF APPLICATION AND PERMIT FOR THE ESTABLISHMENT OF A VENDING FACILITY ON FEDERAL PROPERTY AS AUTHORIZED BY PL 74-732, AS AMENDED BY PL 83-565 AND TITLE II OF PL 93-516 (RANDOLPH-SHEPPARD ACT), and Implementing Regulations, 34 CFR, Part 395
Designated State Licensing Agency is the state agency designated by the Commissioner to issue licenses to blind persons for the operation of vending facilities on federal and other property.
Federal Property means any building, land or other real property owned, leased, or occupied by any department, agency or instrumentality wholly owned by the United States or by any department or agency of the District of Columbia, or any territory or possession of the United States.
Satisfactory Site as defined in 34 CFR 395.1(q) means an area fully accessible to vending facility patrons and having: (1) Effective on March 23, 1977, a minimum of 250 square feet available for the vending facility. However, if both the federal property managing department or agency and the State licensing agency agree, a vending facility smaller than the minimum size may be established; and (2) Sufficient electrical plumbing, heating and ventilation outlets for the location and operation of a vending facility in accordance with applicable health laws and building codes.
Any exceptions to the above definition of a “Satisfactory Site” are to be noted in Attachment A.
Snack Bar Facility. A facility engaged in selling limited lines of refreshment and prepared food items necessary for a light meal service. Included in this group are establishments which sell food and refreshment items prepared on or off the premises and usually are wrapped or placed in containers at point of sale. Customers may or may not be provided with on-site eating accommodations.
Dry/Wet Facility. All facilities which are not included under the other three types of facilities (cafeteria, snack bar, vending machine). Dry/wet facilities normally would merchandise for off-premise consumption a variety of articles, refreshment items, and services which are dispensed manually by the vendor and, in certain instances, by vending machines.
Facility Location. Specifies the exact location of the vending facility on the federal property.
Facility Size. The agreed-upon total square footage of this facility as defined in “Satisfactory Site” and a working drawing of the floor plan (Attachment B).
Types of Articles and Services to be Sold. By approving the type of facility, the federal property managing department or agency is also to some degree approving the sale of types of articles and services. However, the type of articles and services to be provided is determined by the state licensing agency in consultation with the federal property manager and is specified in Attachment C.
The blind vendor and the state licensing agency alone determine the specific articles or services to be sold at a vending facility.
The Fixtures and Equipment for the Facility, including the responsibility for the provision thereof, are set forth in Attachment D. All equipment such as display shelves and other major equipment and fixtures and the ownership of each item are to be listed in Attachment D.
The Location, Type, and Number of Vending Machines which constitute all or a part of this facility are to be noted in Attachment E. Section 1369.16 of the regulations, permit for the establishment of vending facilities, requires that prior to the establishment of each vending facility, other than a cafeteria, the number, location, and type of vending machines which constitute all or part of the facility are to be included in the permit issued to the state licensing agency.
Machine Income Sharing. Each vending machine on the property is to be noted in Attachment F as to the type of equipment and its location on the property.
As provided for in Section 395.32(e) of the regulations, the determination that a vending machine on federal property is in direct competition with a vending facility operated by a blind vendor is the responsibility of the on-site official responsible for the federal property of each property managing department, agency, or instrumentality of the United States, subject to the concurrence of the state licensing agency.
Sections 395.32(a) and (g) further specify that the on-site official responsible for the federal property of each property managing department, agency or instrumentality of the United States is responsible for the collection of, accounting for, and quarterly disbursement of vending machine income from vending machines on property under his or her control. It should be noted that the permit form provides a basis for other mutually agreed upon disbursement terms.
The vending machine income sharing provisions from machines on federal property are set forth in Sections 395.32(b), (c), (d) of the regulations in the following manner:
100 percent of all vending machine income from machines which are in direct competition with a vending facility operated by a blind vendor shall accrue to the state licensing agency or;
50 percent of all vending machine income from machines which are not in direct competition with a vending facility operated by a blind vendor shall accrue to the state licensing agency ; and
30 percent of all vending machine income from machines which are not in direct competition with a vending facility operated by a blind vendor shall accrue to the state licensing agency.
Other Terms and Conditions
Both parties shall comply with all the provisions of the regulations at 34 CFR 395.35. These enumerated terms and conditions require:
- Issuance of the permit in the name of the applicant state licensing agency which shall:
- Prescribe procedures necessary to assure that the selection of vendors and employees for the operation of the vending facility is without discrimination because of sex, age, creed, color, national origin, physical or mental disability, or political affiliation.
- Assure that vendors do not discriminate against any person or persons in furnishing, or by refusing to furnish, to such persons the use of any vending facility, including all services, privileges, accommodations and activities provided thereby, and comply with Title VI of the Civil Rights Act of 1964 and the regulations pursuant thereto.
- Issuance of the permit for an indefinite period of time subject to suspension or termination on the basis of noncompliance with agreed upon terms.
- Provisions within the permit which specify that:
- No charge will be made to the state licensing agency for normal cleaning, maintenance, and repair of the building structure in and adjacent to the vending facility area.
- Any cleaning that is necessary for sanitation, and the maintenance of vending facilities and vending machines in an orderly condition at all times and the installation, maintenance, repair, replacement, servicing and removal of any vending facility equipment to be without cost to the department, agency, or instrumentality responsible for the maintenance of the federal property.
- Articles sold at vending facilities operated by blind licensees may consist of newspapers, periodicals, publications, confections, tobacco products, foods, beverages, chances for any lottery authorized by state law and conducted by an agency of the state. Other articles or services may be included as are determined by the state licensing agency, in consultation with the on-site official responsible for the federal property of the property managing department, agency, or instrumentality, to be suitable for a particular location. These articles or services may be dispensed automatically or manually and may be prepared on or off the premises in accordance with all applicable health laws.
- Vending facilities shall be operated in compliance with applicable health, sanitation, and building codes or ordinances.
- Installation, modification, relocation, removal, and renovation of vending facilities will be subject to prior approval and supervision of the on-site official responsible for the federal property of the property managing department, agency, or instrumentality and the state licensing agency, and that the costs of relocation of vending facilities shall be paid by the initiator of the request.
Any deviation from the regulations at 34 CFR 395.35 is to be included in Attachment G.
