P.R. Laws tit. 25, § 2914

2019-02-20 00:00:00+00
§ 2914. Post exchanges or canteens; establishment

The Puerto Rico National Guard Institutional Trust is hereby authorized to establish and operate post exchanges, canteens and other services through the direct sale and resale of products, in the spaces that are transferred from time to time, by the Adjutant General of Puerto Rico within the quarters and facilities of the Military Forces of Puerto Rico, for the benefit of:

(1) The members of said military forces, while in active Commonwealth Military Service, Active Federal Military Service or in the performance of any other active service, as defined in subsections (k), (l) and (m) of § 2002 of this title, as well as the civilian employees of the National Guard, their spouses, and children until they attain legal age.

(2) The surviving spouse of any of said members, unless they remarry, and their dependents until they attain legal age.

(3) The members of said military forces who retire after twenty (20) or more years of honorable military service in the Armed Forces of the United States and/or of Puerto Rico.

(4) The members of the Puerto Rico Police, as defined in §§ 3101 et seq. of this title, known as the “Puerto Rico Police Act of 1996”, and while they are rendering active service as such.

(5) The surviving spouse of any member of the Puerto Rico Police, unless he/she remarries.

(6) The veterans of the Puerto Rico Police who retire with twenty (20) years or more of service, as well as all veterans of the Police that regardless of the years of service in the Corps, have been discharged for health conditions related to service. All veterans of the Police shall have been honorably discharged in order to avail themselves of these benefits.

(7) The members of the Puerto Rico Firefighters Corps.

(8) The honorably discharged veterans of the Armed Forces of the United States of America, who have attained the age of sixty (60) years.

(9) All United States Armed Forces veterans who are one hundred percent (100%) disabled, even if the disability is non service connected, their spouses, their dependents until they reach legal age, and their surviving spouse, provided he/she does not remarry. This provision shall only apply to Puerto Rico National Guard post exchanges where there is no conflict with federal legislation.

All veterans shall present a disability certificate duly issued by any federal or state agency.

For purposes of this section, the term “veteran” shall mean any bona fide person from Puerto Rican [sic] who is a United States Armed Forces veteran pursuant to the federal laws in effect.

Provided, That [the Trust] is also hereby authorized to contract or grant the use or lease of such spaces by third parties for the operation of said establishments. The abovementioned operation of post exchanges, canteens and other services, or its assignment or lease to be operated by third parties, shall be conducted pursuant to the regulations prescribed to such effects by the Adjutant General and the Secretary of the Treasury. Said officials shall also jointly prescribe the corresponding regulations with respect to the control of the sale of alcoholic beverages and articles taxable under Act Oct. 8, 1987, No. 5,which are sold in the post exchanges and canteens and whose manufacturing cost, as such term is defined under said act, does not exceed five hundred dollars ($500). Said post exchanges, canteens and other services shall enjoy the benefits in their operations granted to them by virtue of special laws. The Puerto Rico National Guard Institutional Trust is authorized to use the income from the leasing or concession of those spaces for the purposes authorized in this chapter. Provided, That for the due protection of the public interest involved in granting said authorization in the contracts executed after the effectiveness of this act, the following safeguards are established in case the Trust decides to grant the use or lease of spaces for the operation of the post exchanges:

(a) The publication of notices of intent to grant the operation of such post exchanges to third parties.

(b) Those persons who wish to operate the post exchanges must establish their financial solvency and administrative competence.

(c) No member of the Trust shall be an official, incorporator, partner or employee of the concessionaire.

(d) Joint regulations between the Department of the Treasury and the Board of Directors of the Trust shall be approved and published, establishing the particular details of the contract with the concessionaire, the duration of said contracts control, measures, annual reports and auditing requirements, and any other details deemed recommendable by both agencies for this type of operation.

History —July 23, 1991, No. 23, § 6; July 22, 1992, No. 29, § 1; July 22, 1992, No. 33, § 1; Aug. 12, 1995, No. 193, § 1; June 6, 2006, No. 112, § 1; Aug. 14, 2012, No. 164, § 1.