bureau. Food and beverages may be permitted even though they are not wrapped, packaged, boxed, or bottled off the premises in individual sales portions, if they can be dispensed under sanitary conditions. The State licensing agency may be required to obtain statements from State or local health authorities to establish that such sale does not endanger health.

(c) The permit shall contain adequate provisions to prevent material defacement or damage to property, including provision that when alterations are to be made by other than the United States, they will be made with approval of, and under supervision of, the appropriate official of the Federal Government.

(d) The permit shall contain any other reasonable conditions necessary for the protection of the Government and prospective patrons of vending stands, including, where appropriate, public liability insurance when food and beverages are prepared on the premises. However, under no circumstances shall conditions be imposed which would require a vending stand to provide a service not usually associated with such a stand.

(e) The State licensing agencies or the blind operators shall secure all the necessary licenses or permits required by the United States, State, or local Governments, and shall comply with all lawful orders of the Health Department of the interested city, county, or State and the Medical Units of the Department.

(f) The permit shall describe the location of the vending stand proper and locations of vending machines to be operated on the property.

lieves that a State licensing agency is not taking proper action, the matter should be referred to the Administrative Assistant Secretary of the Treasury, through the head of the bureau.

§ 11.6 Referral of disagreements and appeals on provisions of permit.

(a) If the individual representing a bureau and responsible for granting a permit is unable to agree with a State licensing agency upon (1) whether a vending stand is to be permitted, (2) a suitable location, (3) whether a vending machine is in competition with a vending stand, or (4) other terms of the permit (including the articles which may be sold), the matter shall be referred to the Administrative Assistant Secretary of the Treasury through the head of the bureau. The Adminstrative Assistant Secretary will determine the action to be taken. These provisions shall be equally applicable whether disagreement relates to terms and conditions of a new permit or of any amendment of the permit.

(b) Upon appeal, full investigation will be undertaken. A full report shall be obtained from the representative from whose decision the appeal is being taken. The State licensing agency shall be given opportunity to present information. A final decision shall be rendered, within ninety days of the filing of the appeal, by the Administrative Assistant Secretary.

(c) Notification of the decision on appeal and the action taken thereon will be reported by the Administrative Assistant Secretary to the State licensing agency and to the Department of Health, Education, and Welfare. At the end of each fiscal year the Administrative Assistant Secretary will report to the Department of Health, Education, and Welfare the total number of applications for vending stand locations received from State licensing agencies, the number accepted, the number denied, and the number still pending.

under its control to cooperate with the State licensing agency.

(c) The name of each representative shall be communicated in writing to the State licensing agency of the State in which the property is located.

(d) The representative of the bureau and the State licensing agency, if requested by the latter, shall conduct a joint survey in order to ascertain whether, and if so, in what locations, vending stands may be properly, profitably, and satisfactorily operated by blind persons.

(e) The bureau shall make alterations or repairs that are reasonable and feasible to accommodate the vending stands. If it is not feasible for the bureau to make such alterations or repairs, the State licensing agency may be permitted to arrange for such repairs at its own expense, provided adequate steps are taken to protect the interest of the Federal Government, including an understanding that the State licensing agency will make such repairs and alterations subject to the approval of and under the supervision of the appropriate official of the Federal Government.