Section 7216 - Establishing a New Vending Facility(a) The Business Enterprises Program for the Blind, hereafter BEP, vending facilities shall be established in accordance with the following: (1) On federal property in accordance with federal law (20 USC Section 107 et seq.) and regulations (34 CFR Part 395). A person who is blind, as defined in Welfare and Institutions Code section 19153, licensed by the BEP shall be given priority in the operation of vending facilities on federal property consistent with 20 United States Code sections 107 and 107d-3(e) and 34 Code of Federal Regulations parts 395.30, 395.31, and 395.33.(2) On state property in accordance with Welfare and Institutions Code section 19625 et seq. A blind person licensed by the BEP shall be given priority in the operation of vending facilities on state property consistent with Welfare and Institutions Code sections 19625 and 19627.(b) The Department shall encourage the establishment of vending facilities on property owned or controlled privately, or by any county, city, city and county, or other political subdivision consistent with Welfare and Institutions Code section 19625(c).(c) The Department shall seek to establish a new vending facility on federal, state or other property only if the Department first determines that a vending facility is feasible. The Department shall consult with the California Vendors Policy Committee, herein CVPC, when evaluating whether a vending facility is feasible. Upon determining that a vending facility is feasible, the Department shall apply for a permit for the operation of a BEP vending facility with the agency or persons having care, control, or custody of the property on which the vending facility is located. In determining feasibility of a vending facility the Director shall consider, but is not limited to, all of the following: (1) The number of employees in the building or on the federal, state or other property;(2) The size, in square feet, of the area leased, occupied, owned, or otherwise controlled by the contracting agency;(3) The length of time the property will be leased or occupied by the contracting agency;(4) Whether the establishment of a vending facility would adversely affect the interest of the state;(5) The likelihood the vending facility will produce adequate net income, as defined in Section 7211(a)(2) of these regulations, for a blind vendor as provided in Welfare and Institutions Code section 19631.(d) When the Department receives written notice from the federal General Services Administration or California Department of General Services describing federal or state department or agency plans to occupy, acquire, renovate, or relocate a property, the Department shall review the notice within 30 calendar days of receipt and, if appropriate, respond to the notice expressing interest in establishing a vending facility on such property. The Department shall consider all of the factors identified subdivision (c) of this section to determine whether the property includes, or will include, a site that is feasible for the establishment of a vending facility.(e) Any decision that the placement or operation of a vending facility is not feasible, or that placement or operation would adversely affect the interests of the state shall be in writing, and shall be made available to the California Vendors Policy Committee, hereafter CVPC. Where the placement or operation of a vending facility is not feasible, the Department shall not issue a waiver permanently exempting the site or location from the priority established by the Randolph-Sheppard Act (20 USC 107 et seq.).(f) If the BEP determines, based on factors specified in subsection (c) of this section, not to establish a vending facility on a property, the BEP may contract with a commercial vending purveyor to provide vending machine services on the property.(g) When establishing a new vending facility, the BEP, in consultation with the contracting agency, shall determine what type of vending facility, as defined in section 7211(a)(54) of these regulations, shall be established on the property.(h) BEP shall assign a facility number to the newly established vending facility immediately upon its being identified as a feasible site, in accordance with subdivision (c) of this section.(i) After the establishment of a vending facility, the BEP Manager may re-evaluate the income and expenses of the vending facility and approve a change in the type of vending facility in consultation with the contracting agency and the California Vendors Policy Committee.Cal. Code Regs. Tit. 9, § 7216
1. New article 7 and renumbering and amendment of former section 7214 to section 7216 and amendment of NOTE and renumbering of former section 7216 to section 7218 filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
2. Amendment of section heading, repealer and new section and amendment of NOTE filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
3. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39). Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016 and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107, 107(b)(2), 107b-1(3) and 107d-3(e); 34 CFR Sections 395.1(q), 395.3(a)(3), 395.3(a)(4), 395.14(b), 395.30, 395.31 and 395.33; and Sections 19011, 19153, 19625, 19627, 19631 and 19638(b), Welfare and Institutions Code.
1. New article 7 and renumbering and amendment of former section 7214 to section 7216 and amendment of Note and renumbering of former section 7216 to section 7218 filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
2. Amendment of section heading, repealer and new section and amendment of Note filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
3. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).