Section 218-RICR-50-00-3.4 - DEFINITIONSA. For the purpose of these regulations, the following terms have the following meanings: 1. "Acceptable vending company" means a company who provides automatic vending machine services and who agrees to send to the ORS/SBVI proceeds from the operation of any automatic vending machine on State property as determined and agreed upon pursuant to a contract awarded by the Division of Purchases.2. "Agency-operated facility" means a facility with no manager: This will typically be a facility that was placed on bid to all eligible Vendor/ licensees, and no Vendor/licensee bid to operate the facility. As a result, the S.L.A. may directly manage the facility while seeking placement of a replacement blind Vendor/licensee. 3. "Automatic vending machine" means any machine which automatically dispenses for money, goods, such as, but not limited to, soda, candy, lottery tickets, food, coffee, newspapers, sundries, etc.4. "Blind vendor/licensee" means an individual who has been licensed to operate a vending facility by the State Licensing Agency, and is actually operating a vending facility, pursuant to a written agreement to operating a vending facility and who has successfully completed all training and a six-(6) month probationary period. The license which an operator receives shall be issued pursuant to the following rules and regulations.5. "Coffee plus" means the trade name which the State Licensing Agency (S.L.A.) and the RI State Committee of Blind Vendors (RISCOBV) have adopted, which is to be used to describe and market vending facilities at all locations.6. "Corrective Action Plan" means a written plan developed with the cooperation of the vendor identifying the problems leading to the determination that retraining or other intervention, is necessary and contains the necessary actions/activities to address and resolve the identified issues/deficits. A CAP is established for a reasonable time period and must contain a start and completion date, unless the matter is deemed ongoing (for example - failure to maintain hours or adhere to proper sanitation practices - the expectation is that the correction will be "ongoing" and not limited to a period of time).7. "Legally blind" means visual acuity found to be 20/200 or less in the individual's better eye with best correction, or visual acuity of better than 20/200 if the widest diameter of the field of vision subtends an angle no greater than twenty degrees (20°).8. "Operating hours" means the hours that the Blind Vendor or Probationary Graduate is required to be on site and/or directly engaged in tasks directly related to the business. Operating hours are specified in a particular permit, but generally consist of a minimum of forty (40) hours weekly.9. "Performance standards" means the results of the semi-annual reviews conducted at each licensed vendor's facility.10. "Primary facility" means a facility that a Vendor/licensee operates as a main facility and will remain assigned to the Vendor/licensee as per the terms of the Operating Agreement and Permit/Contract. To the extent possible, all eligible Vendor/licensees in the program will have a primary facility.11. "Probationary graduate" means an individual who has successfully completed the training and orientation program, and is operating a facility but is not yet issued a formal Vendor License. A probationary graduate who does attain transfer seniority, however, is not eligible to bid on available facilities until the successful completion of the six (6) month probationary period. A graduate achieves full vendor/licensee status upon successful completion of a six (6) month probation period in operation of a vending facility.12. "Proceeds" means the vending machine income generated from the operation from an automatic vending machine on State property.13. "Promotion" means the advancement of a Probationary Graduate to the status of Blind Vendor.14. "Satellite facility" means a vending facility bid as a satellite and which a Vendor/licensee operates in addition to their primary location. (Such as a vending-only site). Satellites will be awarded according to the standard bidding protocol. A Vendor/licensee must be under an effective operating agreement for a primary facility in order to submit a bid for another facility as a satellite location. No Vendor//licensee will be allowed to assume more than one satellite until all other eligible Vendor/licensees have had the option to assume a satellite.15. "Secondary facility" means a vending facility bid under the standard protocol, but that is awarded as a secondary site - given there are no Vendor/licensees interested as a primary. Secondary sites are operated in addition to their primary location. (Such as a satellite). A Vendor/licensee must be under an effective operating agreement for a primary facility in order to submit a bid for another facility as a secondary location. No Vendor/licensee will be allowed to assume more than one facility until all other eligible Vendor/licensees have had the option to assume a facility.16. "Semi-annual review" means a formal management evaluation of Vendor/licensee's operation which assesses the individuals' performance, presentation, facility appearance, and cleanliness, marketing efforts, menu/food pricing, and health and food safety, as well as data keeping, set aside obligations and record submission.17. "Seniority" or "Transfer seniority" means the length of time a Vendor/licensee has been active in the BEP; (active is defined as working under an active operating agreement.) Seniority is applied as criteria during a bidding cycle, at which time Vendor/licensees may be competing to be awarded a facility. Seniority begins accruing to a Vendor/licensee who is a probationary graduate and who has completed the training process.18. "State licensing agency" or "S.L.A." means the designated state unit, Office of Rehabilitation Services/Services for the Blind and Visually Impaired, whose purpose is to establish vending facilities in order to carry out the full responsibilities under the Randolph-Shepard Act.19. "State property" means any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality wholly owned by the State, unless, with respect to any building, land, or other real property leased or rented by the State, the lease or rental agreement shall prohibit the establishment of such vending facilities.20. "Suspension" means a temporary discontinuation (usually thirty (30) calendar days) of the Operating Agreement resulting in the vendor's relinquishing control of the vending facility and leaving and/or remaining away/absent from the facility (or off-site) for the period of suspension. The Operating Agreement will be reinstated when the reason for the suspension has been remedied. If the reason(s) for suspension cannot be remedied, the operating agreement will be revoked, after a full evidentiary hearing.21. "Transfer" means the assignment or re-assignment of a Blind Vendor to a new or vacant facility. Transfer will not include the move of an existing vending facility to a new location if the population (entity) to be served at the new location is substantially the same.22. "Vending facility" means a site that has been determined to meet the criteria of a satisfactory site as defined in 34 C.F.R. § 395.1(x) revised 7/2010 and is operated under a permit. Vending facilities are categorized as Dry/Wet/Vending Only; Primary, Secondary and Satellite. Includes but is not limited to cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment necessary for the sale of newspapers, periodicals, tobacco products, foods, beverages, and other articles or services dispensed manually and prepared on or off the premises in accordance with all applicable health laws based on RI Food Code, 216-RICR- 50-10-1, and including the vending or exchange of chances for any lottery which may be located on public or private property.218 R.I. Code R. 218-RICR-50-00-3.4