Section 7216.1 - Combining or Consolidating Two or More Sites into a Vending Facility(a) The Business Enterprises Program for the Blind, hereafter BEP, may combine or consolidate two or more sites into a vending facility, one of which is a primary site, as defined in Section 7211(a)(36) of these regulations, and others that are satellite sites, as defined in Section 7211(a)(38), when it has determined that such a combination of sites is likely to produce, within a reasonable period of time, an adequate net income as defined in section 7211(a)(2) of these regulations. A vending facility cannot be considered for combining or consolidation if it would result in displacing the vendor presently operating that vending facility.(b) The BEP may create a vending facility by combining or consolidating: (1) Two or more prospective sites;(2) Prospective site(s) with an established site(s); or(3) Two or more established sites;(c) The vending facilities that comprise a vending facility specified in (b) of this section must be within 50 miles of each other. For the purposes of this subdivision, vending machine facilities shall not be required to be within 50 miles of the other vending facilities that comprise the single vending facility. The BEP Manager, after consultation with the California Vendors Policy Committee, herein CVPC, may permit vending facilities that comprise the single vending facility specified in (b) of this section to be more than 50 miles from the other vending facilities that comprise the single vending facility.(d) The BEP shall announce the availability of a newly created single vending facility in accordance with section 7214 of these regulations. A facility number, as defined in section 7211(a)(21) of these regulations, shall be assigned to the combined or consolidated vending facility at that time. A licensee or vendor shall be selected to operate the vending facility in accordance with Article 5 of this chapter.(e) The BEP Manager, with the active participation of the California Vendors Policy Committee, hereafter CVPC, shall identify which site shall be considered to be the primary site, as defined in section 7211(a)(36) of these regulations, and which site(s) shall be considered to be satellite site(s), as defined in section 7211(a)(38) of these regulations.Cal. Code Regs. Tit. 9, § 7216.1
1. New section filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
2. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39). Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016 and 19639, Welfare and Institutions Code. Reference: 20 USC Section 107b-1(3); 34 CFR Sections 395.3(a)(4) and 395.14(b); and Sections 19011, 19626, 19631 and 19638(b), Welfare and Institutions Code.
1. New section filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
2. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).