N.Y. Comp. Codes R. & Regs. tit. 18 § 729.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 729.2 - Definitions

(a)Blind person means:

(1) a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or

(2) a person whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees;

(3) in determining whether an individual is blind, there must be an examination by a physician skilled in diseases of the eye or by an optometrist, whichever the individual selects.

(b)Business Enterprise Program means the vending program for blind vendors established pursuant to this Part, and in accordance with the provisions of chapter 693 of the Laws of 1992 and chapter 532 of the Laws of 2010.

(c)Commission means the New York State Commission for the Blind.

(d)Commissioner means the commissioner of the New York State Office of Children and Family Services.

(e)Instrumentality of the State means any board, corporation, association, commission, organization or other entity, the governing body of which is totally appointed by other State officials or State bodies such as the State Senate, State Assembly or judicial conference. Instrumentality of the State also includes all authorities and airports located in the State of New York.

(f)License means a written instrument issued by the commission to a blind person authorizing such person to operate a vending facility.

(g)Licensee means a blind person issued a license to operate a vending facility.

(h)Management services means:

(1) supervision, inspection, quality control, consultation, accounting, regulating, in-service training, and other related services provided by the commission on a systematic basis to support and improve vending facilities operated by licensees;

(2) the exploration and development of new locations, including services and initial costs necessary to establish and maintain a vend facility for a period not to exceed six months during its initial establishment period; and

(3) commission activities related to the selection and operation of the State Committee of Blind Vendors.

(i)Operating agreement means a written instrument issued by the commission to a licensee authorizing the licensee to operate a specific vending facility in accordance with the terms and conditions set forth therein, as provided under section 729.18(d) of this Part.

(j)Permit means the official approval given by a department, agency or instrumentality in control of the maintenance, operation and protection of the property, whereby the commission is authorized to establish a vending facility.

(k)Satisfactory site means an area accessible to licensees, their employees and vending facility patrons with sufficient space for the display, sale and storage of items necessary to the operation of a vending facility.

(l)Set-aside funds means those funds which accrue to the commission from an assessment against the net proceeds of each vending facility in the State's vending facility program and any income from vending machines on the property which accrues to the commission.

(m)State property means any building, land or real property interest occupied or held by any State department, agency or instrumentality.

(n)Vending facility means vending machines at one or more locations, snack bars, cart services and such other appropriate and necessary auxiliary equipment which may be operated, supervised or maintained by blind licensees for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages and other articles or services dispensed by vending machines or manually, and prepared on or off the premises, (including wholesale operations) in accordance with all applicable health laws and requirements prescribed by this Part, and including the vending or exchange of chances of any lottery authorized by State law.

(o)Vending machine means a machine operated by coin, currency, charge/debit-card, fingerprint, voiceprint, number combination or related system, exclusive of telephones, which dispenses articles or services.

(p)Vending machine income means receipts from vending machine operations, after deducting the cost of goods sold (including reasonable service and maintenance costs in accordance with customary business practices of commercial vending concerns), where the machines are operated, serviced or maintained by, or with the approval of, a department, agency or instrumentality of the State, or commissions paid by a commercial vending concern which operates, services and maintains vending machines on State property for, or with the approval of, a department, agency or instrumentality of the State. Vending machine income does not include receipts of blind licensees who operate vending machines owned by the commission.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 729.2

Amended New York State Register October 7, 2015/Volume XXXVII, Issue 40, eff. 10/7/2015