Paul Campa
unread,Sep 27, 2011, 7:22:11 PM9/27/11Sign in to reply to author
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to Corpsmember Advisory Board
Why cant CAB by its own vending machines to sell is own product to its
own Corpsmembers? Aint it the same as haveing a CAB Store? I was
looking up some laws for having vending machines on State prorperties
and this is what I have found
Sec. 107d-3. Vending machine income
(a)
Accrual to blind licensee and alternatively to State agency; ceiling
on amount for individual licensee
In accordance with the provisions of subsection (b) of this section,
vending machine income obtained from the operation of vending machines
on Federal property shall accrue
(1) to the blind licensee operating a vending facility on such
property, or
(2) in the event there is no blind licensee operating such facility on
such property, to the State agency in whose State the Federal property
is located, for the uses designated in subsection (c) of this section,
except that with respect to income which accrues under clause (1) of
this subsection, the Commissioner may prescribe regulations imposing a
ceiling on income from such vending machines for an individual blind
licensee. In the event such a ceiling is imposed, no blind licensee
shall receive less vending machine income under such ceiling than he
was receiving on January 1, 1974. No limitation shall be imposed on
income from vending machines, combined to create a vending facility,
which are maintained, serviced, or operated by a blind licensee. Any
amounts received by a blind licensee that are in excess of the amount
permitted to accrue to him under any ceiling imposed by the
Commissioner shall be disbursed to the appropriate State agency under
clause (2) of this subsection and shall be used by such agency in
accordance with subsection (c) of this section.
(b)
Direct competition between vending machine and vending facility;
proportion of accrued income from such vending machines for individual
licensee
(1) After January 1, 1975, 100 per centum of all vending machine
income from vending machines on Federal property which are in direct
competition with a blind vending facility shall accrue as specified in
subsection (a) of this section. "Direct competition" as used in this
section means the existence of any vending machines or facilities
operated on the same premises as a blind vending facility except that
vending machines or facilities operated in areas serving employees the
majority of whom normally do not have direct access to the blind
vending facility shall not be considered in direct competition with
the blind vending facility. After January 1, 1975, 50 per centum of
all vending machine income from vending machines on Federal property
which are not in direct competition with a blind vending facility
shall accrue as specified in subsection (a) of this section, except
that with respect to Federal property at which at least 50 per centum
of the total hours worked on the premises occurs during periods other
than normal working hours, 30 per centum of such income shall so
accrue.
(2) The head of each department, agency, and instrumentality of the
United States shall insure compliance with this section with respect
to buildings, installations, and facilities under his control, and
shall be responsible for collection of, and accounting for, such
vending machine income.
(c)
Disposal of accrued vending machine income by State licensing agency
All vending machine income which accrues to a State licensing agency
pursuant to subsection (a) of this section shall be used to establish
retirement or pension plans, for health insurance contributions, and
for provision of paid sick leave and vacation time for blind licensees
in such State, subject to a vote of blind licensees as provided under
section 107b (3)(E) of this title. Any vending machine income
remaining after application of the first sentence of this subsection
shall be used for the purposes specified in sections 107b (3)(A), (B),
(C), and (D) of this title, and any assessment charged to blind
licensees by a State licensing agency shall be reduced pro rata in an
amount equal to the total of such remaining vending machine income.
(d)
Income from vending machines in certain locations excepted
Subsections (a) and (b)(1) of this section shall not apply to income
from vending machines within retail sales outlets under the control of
exchange or ships’ stores systems authorized by title 10, or to income
from vending machines operated by the Veterans Canteen Service, or to
income from vending machines not in direct competition with a blind
vending facility at individual locations, installations, or facilities
on Federal property the total of which at such individual locations,
installations, or facilities does not exceed $3,000 annually.
(e)
Regulations establishing priority for operation of cafeterias
The Secretary, through the Commissioner, shall prescribe regulations
to establish a priority for the operation of cafeterias on Federal
property by blind licensees when he determines, on an individual basis
and after consultation with the head of the appropriate installation,
that such operation can be provided at a reasonable cost with food of
a high quality comparable to that currently provided to employees,
whether by contract or otherwise.
(f)
Existing arrangements more favorable to blind licensees unaffected
This section shall not operate to preclude preexisting or future
arrangements, or regulations of departments, agencies, or
instrumentalities of the United States, under which blind licensees
(1) receive a greater percentage or amount of vending machine income
than that specified in subsection (b)(1) of this section, or
(2) receive vending machine income from individual locations,
installations, or facilities on Federal property the total of which at
such individual locations, installations, or facilities does not
exceed $3,000 annually.
(g)
Regulations for compliance
The Secretary shall take such action and promulgate such regulations
as he deems necessary to assure compliance with this section.
Can anybody make sence of this? Can we do it or not?