Definitions

As used in 111 CMR 3.00: Blind Person means a person who, after examination by a physician skilled in diseases of the eye or by an optometrist, whichever such person shall select, has been determined to have: (a) no more than 20/200 central visual acuity in the better eye with correcting lenses; or (b) an equally disabling loss of visual field, as evidenced by a limitation 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°. Business Hours means the hours during which a permit indicates a given facility shall or may be open for business. CMR means Code of Massachusetts Regulations. CFR means Code of Federal Regulations. Chapter means the regulations found at 111 CMR 3.00. Commission means the Massachusetts Commission for the Blind. Commissioner means the Commissioner of the Massachusetts Commission for the Blind. Committee means State Committee of Blind Vendors as described at 111 CMR 3.16, unless the context indicates otherwise. Direct Competition means the presence and operation of a vending facility on the same premises as a vending facility operated by a vendor, except that vending facilities operated in areas serving employees the majority of whom normally do not have direct access to the facility operated by a vendor shall not be considered to be in direct competition with the facility operated by the vendor. For purposes of determining whether a facility or machine constitutes direct competition, direct access shall be measured in terms of uninterrupted ease of approach and the amount of time required to patronize the facility. Director means the Director of the Vending Facilities Program at the Commission. Facility means vending facility. Federal Property means any building, land or other real property owned, leased, or occupied by any department, agency or instrumentality of the United States (including the Department of Defense and the United States Postal Service), or any other instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any territory or possession of the United States. Going Stock means the amount of merchandise and supplies that an outgoing vendor leaves for the incoming vendor, representing the amount of merchandise and supplies necessary to operate the facility for two weeks at the level at which it has operated for the outgoing vendor's final three months of operation. Gross Profit means the difference between the prices at which merchandise is purchased and sold by a vendor. Individual Location Installation or Facility means a single building or a self-contained group of buildings. In order for two or more buildings to be considered to be a self-contained group of buildings, such buildings must be located in close proximity to each other, and a majority of the employees housed in any such building must regularly move from one building to another in the course of official business during normal working days. Initial Stock means merchandise and supplies furnished by the Commission to a facility when it is first established by the Commission, representing the Commission's best estimate of merchandise and supplies needed for one week. License means a written instrument that is issued to a blind person by the Commission, authorizing such person to operate vending facilities on federal or other property. Licensee means a blind person who has a license from the Commission to operate a vending facility on federal or other property, which license has not been suspended or revoked. A licensee may or may not be a vendor. Management Services means supervision, inspection, quality control, consultation, accounting, regulating, in-service training, and other related services provided on a systematic basis to support and improve vending facilities operated by blind vendors. "Management services" does not include those services or costs which pertain to the on-going operation of an individual facility after the initial establishment period. Merchandise means the goods or commodities available for sale at a vending facility. Net Proceeds means the amount remaining from the sale of articles or services of vending facilities, and any vending machine or other income accruing to vendors after deducting the cost of such sale and other expenses (excluding set-aside charges required to be paid by such vendors). Normal working hours means an eight hour work period between the approximate hours of 6:00 A.M. to 6:00 P.M., Monday through Friday, or the hours specified as normal working hours in a particular permit. Permit means the written agreement between the Commission and a site grantor authorizing the Commission to operate a vending facility. Personal leave of absence means any period of time in which a licensee ceases operation of or employment by a facility where there is no legal entitlement for such absence. Program means the vending facilities program at the Massachusetts Commission for the Blind. Qualified applicant means an individual determined by the Commission to be blind, a citizen of the United States, 18 years of age or older, and meeting the eligibility criteria for the Program's training course. Randolph-Sheppard Act means that federal law found at 20 U.S.C. c. 6a, § 107 et seq., as amended giving priority to licensed blind vendors in the operation of vending facilities on federal property. Its implementing regulations are at 34 CFR Part 395 and are enforced by the United States Department of Education. Satisfactory site means an area that: (a) is fully accessible to facility patrons; (b) has sufficient space available for the vending and storage of articles necessary for the operation of a facility, which space shall not be less than 250 square feet in the case of federal properties; and (c) has sufficient electrical, plumbing, heating, and ventilation outlets for the facility to be operated in full compliance with applicable health laws and building codes. Set-aside means funds which accrue to the Commission from an assessment against the net proceeds of each vending facility pursuant to 111 CMR 3.08(9) and any income from vending machines on federal property which accrues to the Commission pursuant to 111 CMR 3.10. Site grantor means a legal entity which has executed a permit authorizing the Commission to establish and/or operate a vending facility on property within the control of said entity. State means state, territory, possession (of the United States,) Puerto Rico, or the District of Columbia. State Committee means State Committee of Blind Vendors as described at 111 CMR 3.16, unless the context indicates otherwise. Vending facility means either an automatic vending machine, cafeteria, snack bar, cart service, shelter, counter, or such other appropriate auxiliary equipment which is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with applicable health laws, and including the vending or exchange of chances authorized by state law and conducted by an agency of the Commonwealth. Vending machine means, for the purpose of assigning vending machine income under this chapter, a coin or currency operated machine which dispenses articles or services, except that those machines operated by the United States Postal Service for the sale of postage stamps or other postal products and services, machines providing services of a recreational nature, and telephones shall not be considered to be vending machines. Vending Machine Income means receipts (other than those of a Vendor) from vending machine operation on Federal property, 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 United States, or commissions paid (other than to a vendor) by a commercial vending concern which operates, services, and maintains vending machines on Federal property for, or with the approval of, a department, agency, or instrumentality of the United States. Vendor means a licensee who is operating a vending facility on federal or other property. Vendor of Record means a vendor who either: (a) began operating his or her current facility prior to the effective date or this regulation and is identified in the program's records as so operating said facility; or (b) began operating his or her current facility on or after the effective date of this regulation and has executed an agreement substantially the same as the Vendor of Record Agreement at 111 CMR 3.19: Appendix 2. Vendors Agreement means a Selection Agreement and/or a Vendor of Record Agreement as described at 111 CMR 3.08(2), and substantially the same as the Agreements at 111 CMR