NRS 426.640 Operation of vending facilities by licensees; priority of right in or on certain public buildings or properties; waiver of priority.

514 words·~2 min read·/nv/chapter-426-persons-with-disabilities/426-640

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. For the purposes of providing persons who are blind with remunerative employment, enlarging the economic opportunities of persons who are blind and stimulating persons who are blind to greater efforts to make themselves self-supporting with independent livelihoods, such persons licensed under the provisions of NRS 426.630 to 426.715 , inclusive, by the Bureau:

(a)Except as otherwise provided in subsection 2, have priority of right to operate vending facilities in or on any public buildings or properties where the locations are determined by the Bureau to be suitable, pursuant to the procedure provided in NRS 426.630 to 426.715 , inclusive. The Bureau, on behalf of licensees, has the right of first refusal with regard to the operation of any vending facility in or on any public building or property. Any agreement to operate a vending facility entered into on or after July 1, 2021, by a public entity that has care, custody and control of a public building or property with an entity other than the Bureau is void if the Bureau notifies the public entity that it intends to exercise the priority established by this paragraph.

(b)May operate vending facilities in or on buildings or properties of the Nevada State Park System, with the approval of the Bureau and the Administrator of the Division of State Parks.

(c)May operate vending facilities in or on buildings or properties of the Department of Corrections:

(1)If the Director of the Department of Corrections voluntarily chooses to have the Department of Corrections participate in the Vending Facility Program; and

(2)With the approval of the Bureau and the Department of Corrections.

(d)May operate vending facilities in or on buildings or properties of the Nevada System of Higher Education, including, without limitation, in or on buildings or properties of a university, state college or community college within the System, with the approval of the Bureau and the System or the university, state college or community college having care, custody and control of the building or property.

(e)May operate vending facilities in or on a public building or property of an airport authority operating in this State or a department of aviation operated by a political subdivision of this State if:

(1)The airport authority or department of aviation, as applicable, chooses to participate in the Vending Facility Program; and

(2)That participation complies with all local, state and federal statutes and regulations that govern the operations of the public building or property of the airport authority or department of aviation, as applicable.

2. Upon determining that a location is not suitable for a vending facility to be operated by a licensee, the Bureau may waive the priority established by paragraph

(a)of subsection 1. The waiver must:

(a)Be in writing;

(b)Set forth the conditions under which the waiver may be revoked or modified; and

(c)Be signed by the Administrator of the Division or his or her designee.