Alabama Administrative Code Chapter 795-7-6 — Vending Facilities

795 Alabama Division of Rehabilitation Services

Ala. Admin. Code r. 795-7-6-.01 Facility Equipment

(1) The SLA shall provide adequate equipment for the use of a vendor. Such equipment shall remain the property of the SLA. Ownership of equipment, other than that provided by the SLA, shall not be vested in the SLA.

(2) No alteration, change, or removal of equipment shall be made without prior approval of the SLA.

(3) The vendor shall report immediately to the SLA and appropriate law enforcement personnel any incident of theft, or defacement of equipment.

(4) A vendor who desires to lease equipment necessary and desirable for the operation of his/her vending facility may do so provided the SLA approves the lease. When a vendor desires to lease equipment, a proposal shall be submitted to the vendor's BEP representative and the BEP director. During the term of such lease, the vendor is under no obligation to accept equipment for a similar purpose that may be provided by the SLA. In no event shall the SLA be held liable for the vendor's obligation under the terms of any lease or for any repairs associated with the leased equipment. The vendor's obligations to any lessor shall remain in effect without regard to removal or reassignment for any reason. For purposes of determining the amount of the vendor's set-aside assessment, the proceeds derived from sales of merchandise from leased equipment shall be regarded as income to the facility. All expenses for leasing of equipment shall be deductible as a business expense from the gross income of the facility.

(5) Vendors may purchase and own equipment for his or her facility only with the prior approval of the SLA. All sales and income generated from vendor-owned equipment shall be reported on the "Facility Monthly Sales & Escrow Report" (BEP 1-E). The maintenance and repair of SLA approved, vendor-owned equipment shall be provided in the same manner as equipment owned by the SLA. The SLA shall determine the feasibility of continued maintenance and repair of vendor-owned equipment. The SLA shall also determine the continued use and placement of vendor-owned equipment within the facility. The SLA or vendor may provide for replacement equipment.

History

• Author: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors
• Authority: Code of Ala. 1975, §§21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.
• New Rule: Filed January 19, 2000; effective February 23, 2000. Amended: Filed March 6, 2017; effective April 20, 2017.

Ala. Admin. Code r. 795-7-6-.02 Maintenance, Repair, And Replacement

The SLA shall maintain, or cause to be maintained, in good repair and in an attractive condition all facility equipment. The SLA shall replace, or cause to be replaced, worn-out or obsolete equipment as required to ensure a successful facility operation. Where used equipment is furnished to replace nonfunctioning, worn-out or obsolete equipment, the SLA shall ensure that it is in good working order and shall make any necessary repairs prior to installing such equipment.

History

• Author: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors
• Authority: Code of Ala. 1975, §§21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.
• New Rule: Filed January 19, 2000; effective February 23, 2000.

Ala. Admin. Code r. 795-7-6-.03 Initial Stock, Starting Capital, Business License

(1) The SLA shall provide an adequate initial inventory of stocks and supplies for the use of the vendor.

(2) It is the responsibility of the vendor to maintain, at all times, a merchandise inventory equal to the initial stock or cash value provided by the SLA.

(3) Ownership of the initial stock, or its current wholesale cash value, shall be vested in the SLA and ownership of all inventory, stock-in-trade, and funds on hand, other than that provided by the SLA, shall be vested in the vendor.

(4) All permanently assigned vendors are required to pay a monthly escrow payment of one percent (1%) of the equivalent value of cash and initial or expanded inventory, not to exceed $100. Temporary operators, probationary vendors, licensees or others are not required to pay a monthly escrow payment on their inventory.

(5) The inventory or escrow amount due will require a separate payment to the Escrow Fund and should not be included in the same instrument used to pay the amount due the set-aside fund.

(6) The assignment of additional stock, supplies and/or cash to a facility will change the minimum escrow payment. The payment will be one percent (1%) of the revised indebtedness reflecting the current assignment of stock, supplies and/or cash.

(7) The SLA will determine the necessary amount and provide initial starting capital for a facility.

(8) The SLA shall provide, if necessary, the initial business license for a facility.

History

• Author: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors
• Authority: Code of Ala. 1975, §§21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.
• New Rule: Filed January 19, 2000; effective February 23, 2000. Amended: Filed August 8, 2001; effective September 12, 2001.Amended: Filed March 6, 2017; effective April 20, 2017.

Ala. Admin. Code r. 795-7-6-.04 Settlement

A vendor who is removed, suspended, terminated or for any reason discontinues his affiliation with BEP or a particular vending facility shall leave all equipment, stocks, and supplies for distribution by the SLA as follows:

(a) The SLA will inventory the equipment, stocks, and supplies on hand and compute the value thereof at wholesale costs. The vendor will be notified of the date and time of the inventory. The vendor, or his/her designee, may be present but in no way shall the vendor's absence prevent the SLA from conducting an inventory.

(b) From the computed value of the inventory shall be deducted any sums due from the vendor to the SLA for equipment, stocks, supplies, and/or set-aside funds.

(c) The surplus, if any, shall accrue to the vendor or his/her estate.

(d) In the event the vending facility is suitable for the placement of another vendor, the SLA will offer to purchase the inventory. The inventory shall be appropriate and suitable for resale. If the SLA purchases inventory, they shall pay the vendor amounts owed within 30 days or at the completion of a documented and signed inventory.

(e) If the final settlement discloses that a vendor is indebted to the SLA for equipment, stocks, supplies, and/or the set-aside fund, he/she or his/her estate shall pay the full amount due within 90 days.

(f) Failure to pay any amount due to the SLA shall disqualify the vendor from obtaining a vending facility until the indebtedness is satisfied.

History

• Author: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors
• Authority: Code of Ala. 1975, §§21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.
• New Rule: Filed January 19, 2000; effective February 23, 2000. Amended: Filed March 6, 2017; effective April 20, 2017.