729.19 Location and operation of vending facilities on State property.
(a) The provisions of this Part do not apply:
(1) where the total number of employees of a State department, agency or instrumentality regularly employed at a site is less than 400;
(2) to property of the State University of New York, the Department of Correctional Services or the New York State Thruway Authority; or
(3) where prior to the execution of a lease, the lessor or any of its tenants as had in operation a vending facility, regardless of the operator thereof, in a part of a building not included in such lease and the operation of a vending facility by a licensee would be in proximate and substantial direct competition with such vending facility.
(b) Current arrangements by a State department, agency or instrumentality, as to property occupied by it, subject to a term of years or other time limitation, are not affected by this Part during the period of such term or other time limitation.
(c) Each department, agency, or instrumentality of the State in control of the maintenance, operation and protection of State property must take all steps necessary so that, wherever feasible and in light of appropriate space and potential patron age, permits are issued to the commission for one or more vending facilities, to be located on all such State property, provided that the location or operation of such vending facility or facilities would not adversely affect the interests of the State. Priority for the operation of these vending I acilities will be given to blind persons licensed through the commission's Business Enterprise Program.
(d) Each department, agency or instrumentality of the State in control of the maintenance, operation and protection of State property must give due consideration to leasing property in privately owned buildings capable of accommodating a vending facility and to providing for the leasing of a vending facility not currently operated by a licensee upon the vacating of such facility by the current operator. In the event a department, agency or instrumentality, after due consideration has been given as described in this paragraph, decides that a vending facility to be operated by a licensee will not be provided for in such lease, such decision must be fully justified in writing to the commissioner.
(1) No department, agency, or instrumentality of the State may undertake by ownership, rent, or lease, or otherwise occupy, in whole or in part, any building unless it consults with the commission regarding whether such building includes a satisfactory site or sites for the location and operation of a vending facility by a licensee or advises the commission in writing that the provisions of subdivision (a) of this section apply to the building.
(2) Each department, agency or instrumentality of the State must provide the commission written notice of its intention to acquire or otherwise occupy any such building. Such written notice must be provided as early as practicable, but no later than 90 days before such intended action. Within 30 days following receipt of such notice, the commission will determine whether the site is satisfactory for a vending facility. The commission must be afforded the opportunity to select the location and type of vending facility to be operated by a licensee before the completion of the final space layout of the building.
(3) If the commission finds such site unsatisfactory for a vending facility, it will so notify such department, agency or instrumentality in writing. The department, agency or instrumentality so notified will have no further obligations under this section.
(f) Any limitation on the location or operation of a vending facility by a licensee of the Business Enterprise Program by a department, agency or instrumentality of the State based upon a finding that such location or operation or type of location or operation would adversely affect the interests of the State must be fully justified in writing to the commissioner.
(g) The commission will make the determination that a building contains a satisfactory site or sites after consultation between the commission and the head of the department, agency or instrumentality planning to acquire or otherwise occupy such building. If the commission finds the site satisfactory for a vending facility, then the department, agency or instrumentality must make a vending facility in such building available to a licensee in a timely manner. The department, agency or instrumentality must prepare or cause this space to be prepared for occupancy by the commission as a vending facility. Such preparation includes the installation of floors, walls, ceilings, doors, wall coverings or finishes, light fixtures, heating, ventilation, air conditioning, water and waste lines and electrical fixtures. The commission will provide all equipment, furniture, fixtures and connection to all plumbing and electrical fixtures, as the commission deems necessary.
(h) Upon notification to the commission by such department, agency or instrumentality of the completed preparation of a site for occupancy by a licensee, the commission will provide a licensee for such site within 90 days or upon the occupancy of the building by State employees, whichever is sooner.
(i) When one or more departments, agencies or instrumentalities of the State are to share occupancy of a building by ownership, rent or lease, or when a vending facility site becomes available for operation by a licensee, the State property management official in charge of securing such ownership, rent or lease will be the representative for all such departments, agencies and instrumentalities and will be responsible for the determination and allocation of space for a vending facility or facilities.
(j) When the commission identifies space that it deems satisfactory for the establishment of a vending facility in a building that is not otherwise planned for occupancy by a department, agency or instrumentality of the State or the commission identifies such space in a building to be occupied by a department, agency or instrumentality of the State, but not otherwise planned in such department's, agency's or instrumentality's lease in such building, the commissioner of the Office of General Services, at the request of the commissioner, will attempt to secure a lease or rental agreement for such space for the establishment of a vending facility on behalf of the commission.
(k) The installation, modification, relocation, removal and renovation of a vending facility are subject to the prior approval and supervision of the State property management official, department, agency or instrumentality responsible for such property.
(l) Except where caused by the negligence of the commission or a licensee, no charge maybe made to the commission or licensee by the agency, department or instrumentality for rent, utilities, maintenance and/or repair of building structures in and adjacent to vending facility areas.
(m) The commission will pay the costs of any relocation initiated by the commission of a vending facility to a new site. The costs of any such relocation initiated by a department, agency or instrumentality of the State will be paid by such department, agency or instrumentality.
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