Section Ed 1019.25 - Responsibilities of Vending Facilities(a) Unless otherwise exempted by RSA 186-B, any properties owned or leased by the state shall recognize the rights granted to SBVI to establish vending facilities on such properties. SBVI shall be permitted to conduct surveys of state-owned or leased properties to determine the feasibility of establishing one or more vending facilities on a particular property. No state entity shall be permitted to enter into an agreement with a third party for a vending facility unless a determination is made by SBVI that it cannot provide services of a high quality at reasonable prices. Property management shall take all necessary steps to ensure that the installation occurs, and that the space and the utilities required shall be provided at no cost to the SBVI or the manager for the operation, except telephone or internet service. SBVI shall provide the necessary alterations, plumbing and equipment, merchandise, a licensed manager, and the appropriate supervision of the manager.(b) In the event that existing buildings are purchased or leased, or new buildings are constructed by any state entity, written notice shall be given to SBVI in ample time to afford the BEP an opportunity to make plans to provide the service.(c) All vending facility operations shall be governed by an agreement between SBVI and property management, and known as a permit. The permit shall include the location, type of facility, space available, all necessary equipment, and the operating hours of the facility. In the negotiation process between SBVI and property management regarding either the terms and conditions of an occupancy permit or a contract, the committee shall have an opportunity to participate in making final determinations with respect to the terms and conditions of an occupancy permit or contract. The terms and conditions of the permit may be changed after consultation with the manager for purposes of soliciting their input. Once the changes have been made, the revised document shall be provided to the manager. The absence of an executed permit does not relieve a manager of their responsibilities to otherwise comply with these rules and to provide effective management of the vending facility.(d) Property management shall not require the payment of rent, utilities, or commissions as a condition for operating a vending facility on its property. Except that, at its discretion and with the active participation of the state committee of licensed managers, may negotiate less restrictive agreements that do require such payments. If such payments are negotiated and are included in the permit agreement, the licensed manager shall be obligated to make such payments; except that, no subsequent priority shall be waived either expressly or by implication.(e) If SBVI determines that a site is suitable for a blind person, it shall negotiate an agreement with a third-party vendor to provide services.N.H. Admin. Code § Ed 1019.25
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031