Options to establish vending facilities operated by blind persons.

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(a) The property custodians for all public property shall:

(1) Prior to granting a permit or renewing a permit for the sale of articles listed in Section 43-26-60, on or in the public property within their control, grant the commission an option to establish a vending facility operated by a blind person for the sale of such articles in a manner as such custodian may deem necessary.

(2) Cooperate with the commission in surveys of property under its control to find suitable locations for the operation of vending facilities, and grant an option for the establishment of such facilities to the commission as the needs are determined.

(b) The commission shall, upon receipt of the notice of the option, determine the availability of blind persons capable and desirous of operating the vending facility in the manner proposed. The commission shall notify the property custodian of its intent to exercise the option within thirty days of receipt thereof. Provided, however, that the actual establishment of the facility shall take place within a reasonable period of time.

(c) If the commission determines not to exercise its option, it shall issue to the property custodian a certificate of this intent. No permit to any person, other than one licensed by the commission, shall be issued or renewed for the sale of articles listed in Section 43-26-60 on or in public property in the absence of this certificate.

(d) If the commission shall determine to exercise its option, the property custodian shall issue to the commission free of charge a permit for the operation of a vending facility and cooperate with the commission in the installation of such facility. No charge shall be made for the installation or operation of a vending facility.

(e) All contracts or permits entered into or issued after the effective date of this chapter shall be voidable if not in conformity with the provisions of this chapter.

HISTORY: 1978 Act No. 565 Section 5.


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