729.18 Vending facility negotiations and facility operating agreements.

    (a) The commission is authorized to establish vending facilities on State property and property of other entities, including counties or municipalities. Vending facilities also may be established on private property.

    (b) The commission, pursuant to the provisions of section 729.190) of this Part, may request the New York State Office of General Services to enter into a lease for space for vending facilities on other than State-owned or leased property. In determining whether to locate a vending facility on other than State-owned or leased property, the commission will consider the costs of:

        (1) rental fees;

        (2) utilities;

        (3) maintenance;

        (4) trash removal; and

        (5) any other costs which may be required in such leases.

    (c) The commission will negotiate with landlords and property management officials and establish terms for the development of all vending facilities, including the installation of vending machines.

    (d) The commission will enter into an operating agreement with a licensee to operate a specific vending facility. Such agreement will be on forms prepared by the commission and will set forth:

        (1) an inventory of commission-owned equipment;

        (2) the required days and hours of operation;

        (3) a list of approved merchandise for sale;

        (4) a statement regarding vending machines or vending machine commissions which may comprise part or all of the vending facility;

        (5) a statement indicating that the licensee agrees to operate the vending facility in compliance with all applicable State and Federal laws and regulations, and all commission policies and procedures.

        (6) a statement that the use or presence of alcoholic beverages and illegal drugs at the vending facility, with the exception of alcoholic beverages used in food preparation, are strictly prohibited;

        (7) a statement that the licensee may not discriminate against any person or persons because of sex, race, age, creed, color, national origin, physical or mental. disability or political affiliation in furnishing, or by refusing to furnish to such person or persons, the use of any vending facility, including any and all services, privileges, accommodations and activities provided by the licensee; and

        (8) the signatures of the licensee and a representative of the commission.

    (e) A signed copy of the operating agreement will be provided to the licensee. The operating agreement will remain in effect for so long as the licensee manages the vending facility. Such agreement may be terminated if the commission determines that the licensee is not operating the vending facility in compliance with this Part or the terms and conditions of the operating agreement and/or commission policies and procedures.

    (f) The commission must obtain from a licensee a signed statement indicating that the licensee understands and will comply with the provisions of the operating agreement issued under this Part.

    (g) In the event such agreement is revoked or terminated, the licensee will be removed as manager of the vending facility. The licensee remains responsible for any indebtedness incurred in the operation of the vending facility until the date such agreement is revoked.

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