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a building is to be constructed which would contain only 80 Federal employees, upon agreement of the on-site official and the State licensing agency, the DoD Component concerned may determine to provide a satisfactory site in which the blind have agreed to operate a vending facility.

(4) When a DoD Component is leasing all or part of a privately owned building in which the lessor or any of its tenants have an existing restaurant or other food facility in a part of the building not covered by the lease and operation of a vending facility would be in substantial direct competition with such restaurant or other food operation, the requirement to provide a satisfactory site does not apply.

(1) Effective January 2, 1975, vending machine income generated by DoD will be shared with State licensing agencies for the blind and/or blind vendors as set forth below. The on-site official is responsible for the collection of, and accounting for, such vending machine income (as defined in 260.6) and for otherwise ensuring compliance with the requirements of this paragraph.

(1) The vending machine incomesharing requirements are as follows:

(1) One hundred percent (100%) of the vending machine income from vending machines in direct competition with blind-operated vending facilities will be provided the State licensing agency.

(ii) Fifty percent (50%) of the vending machine income from vending machines not in direct competition with blind-operated vending facilities will be provided the State licensing agency.

(iii) Thirty percent (30%) of the vending machine income from vending machines not in direct competition with blind-operated vending facilities and located where at least 50 percent of the total hours worked on the premises occurs during other than normal working hours (as defined in $260.6) will be provided the State licensing agency.

(2) The determination of whether a vending machine is in direct competition with the blind-operated vending facility is the responsibility of the onsite official subject to the concurrence of the State licensing agency.

(3) These vending machine incomesharing requirements do not apply to:

(i) Income from vending machines operated by or for the military exchanges or ships' stores systems; or

(11) Income from vending machines, not in direct competition with a blindoperated vending facility, at any individual location, installation, or facility (as defined in $260.6) where the total of the vending machine income (as defined in $260.6) from all such machines at such location, installation, or facility does not exceed $3,000 annually.

(4) The payment to State licensing agencies under these income-sharing requirements must be made quarterly on a calendar year basis. The first payment of income, however, will be made no later than April 30, 1978. This first payment will be for the period March 23, 1977, through the end of calendar year 1977. It will also include amounts collected and set aside during the period January 2, 1975, through March 22, 1977, for distribution to State licensing agencies. DoD Component activities which did not set aside vending machine income for distribution during the period January 2, 1975, through March 22, 1977, will consider taking steps to determine the amounts of such vending machine income which should have been withheld during that period and withhold such amounts from future income for distribution. All subsequent quarterly payments will be made within 60 days after expiration of the applicable calendar quarter. 8260.4 Responsibilities.

(a) The Assistant Secretary of Defense (Manpower, Reserve Affairs and Logistics) (ASD (MRA&L)) will monitor the overall DoD program and consult with DoD Components on all determinations (1) that the granting of a priority to the blind would be adverse to the interests of the United States, and (2) to suspend or terminate a permit to operate a vending facility.

(b) The Head of the DoD Component concerned, in monitoring its program shall:

(1) Approve/disapprove State licensing agency applications for permits and the provision of satisfactory sites;

(2) Consult with the on-site official on determinations that granting a priority to the blind would be adverse to the interests of the United States and

on termination of contracts to operate dispensing facilities which conduct cafa cafeteria; and

eteria-type operations during part of (3) Where circumstances warrant, their normal operating day and full suspend or terminate a permit to oper- table-service operations during the reate a vending facility.

mainder of their normal operating day (c) The on-site official will be the are not “cafeterias" if they engage pripoint of contact with State licensing marily in full table-service operations. agencies and will:

(c) Direct competition. The presence (1) Consult with State licensing agen- and operation of a DoD Component cies on articles and services to be pro- vending machine or a vending facility vided;

on the same premises as a vending fa(2) Determine, when appropriate, cility operated by a blind vendor. that granting a priority to the blind Vending machines or vending facilities would be adverse to the interests of the operated in areas serving employees, United States and justify this deter- the majority of whom normally do not mination to the Secretary, Health, have access (in terms of uninterrupted Education, and Welfare through the ease of approach and the amount of Head of the DoD Component;

time required to patronize the vending (3) Notify State licensing agencies of facility) to the vending facility operacquisition or substantial alteration or ated by a blind vendor, will not be conrenovation of property;

sidered to be indirect competition with (4) Ensure that operators are in fact that vending facility. State licensed blind persons and that (d) Federal property. Any building, sighted employees and assistants are land, or other real property owned, utilized only to the extent reasonably leased, or occupied by any department, necessary; and

agency, or instrumentality of the (5) Negotiate with State licensing United States. agencies on other matters indicated in (e) Head of the DoD component. Dep$260.3.

uty Secretary of Defense, Secretaries

of the Military Departments and the 8 260.5 Arbitration.

Directors of Defense Agencies or their Whenever any State licensing agency designees. For the Pentagon Building for the blind determines that any ac- only, the Deputy Assistant Secretary tivity of the Department of Defense is of Defense (Administration) is desfailing to comply with the provisions of ignated as the "Head of the DoD Comthe Act and all informal attempts to ponent." resolve the issues have been unsuccess- (1) Individual location, installation, of ful, the State licensing agency may file facility. A single building or a self-cona complaint with the Secretary, HEW, tained group of buildings. A self-conwho will convene an ad hoc arbitration tained group of buildings means two or panel in accordance with the provisions more buildings which are in close proxof 45 CFR 1369.37.

imity to each other, and between which

a majority of the Federal employees 8260.6 Definitions.

working in such buildings regularly (a) Blind licensee. A blind person li- move from one building to another in censed by the State licensing agency to the normal course of their official busioperate a vending facility on Federal ness during a normal working day. or other property.

(8) Federal employees. Civilian appro(b) Cafeteria. A food dispensing facil- priated fund and nonappropriated fund ity which provides a broad variety of employees of the United States. prepared foods and beverages (includ- (h) License. A written instrument ing hot meals) primarily through the issued by a State licensing agency to a use of a serving line where the cus- blind person, authorizing that person tomer serves or selects for himself to operate a vending facility on Fedfrom displayed selections. A cafeteria eral or other property. may be fully automatic, self-service, or (i) Normal working hours. An 8-hour have limited waiter or waitress service. work period between the hours of 0800 Table or booth seating facilities are al- and 1800 hours, Monday through Friways provided. DoD Component food day.

(j) On-site official. The individual in command of an installation or separate facility or location. For the Pentagon Building only, the chairman of the Department of Defense Concession Committee is designated as the on-site official.

(k) Permit. The official written approval to establish and operate a vending facility requested by and issued to a State licensing agency by a DoD Component.

(1) Satisfactory site. An area fully accessible to vending facility patrons and having sufficient electrical, plumbing, heating, and ventilation outlets for the location of a vending facility in accordance with applicable health and building requirements. Effective March 23, 1977, a "satisfactory site" will have a minimum of 250 square feet available for sale of items and for storage of articles necessary for the operation of a vending facility, unless the Head of the DoD Component and the State licensing agency agree that a smaller or larger facility is appropriate.

(m) State. The 50 States, District of Columbia, Puerto Rico, American Samoa, Guam, and the Virgin Islands.

(n) State licensing agency. The State agency designated by the Department of Health, Education, and Welfare, Commissioner of the Rehabilitation Services Administration to issue licenses to blind persons for the operation of vending facilities on Federal and other property.

(0) Substantial alteration or renovation. A permanent material change in the floor area of a building which would render it appropriate for the location and operation of a vending facility by a blind vendor.

(p) Vending facility. Automatic vending machines, cafeterias, snack bars, cart services, shelters, and counters, which sell such items as newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles and services to be dispensed automatically or manually and which are prepared on or off the premises in accordance with applicable health laws and further including the vending or exchange of chances for any lottery authorized by State law and conducted by an agency of a State within such State. “Vending facility” does not include

food dispensing facilities (e.g., food operations of open messes/military clubs) which engage primarily in full tableservice operations.

(q) Vending machine. For the purpose of assigning vending machine income, means a coin or currency operated machine which dispenses articles or services, except that machines providing services of a recreational nature, commonly referred to as amusement machines (e.g., jukeboxes, pinball machines, electronic game machines, pool tables, shuffle boards, etc.) and telephones, are not considered to be vending machines.

(r) Vending machine income. DoD Component receipts from DoD Component vending machine operations on Federal property, after deducting all applicable costs incurred (costs of goods, service, maintenance, repair, cleaning, depreciation, supervisory and administrative personnel, normal accounting, accounting for income-sharing, and so forth) where the machines are operated by any DoD Component activity; or commissions received (less applicable DoD Component costs) by any DoD Component activity from a commercial vending firm which provides vending machines on Federal property for, or with the approval of, any DoD Component activity.

(8) Vendor. A blind licensee who is operating a vending facility on Federal or other property.

PART 261-ARMED SERVICES MILI

TARY CLUB AND PACKAGE STORES

Sec.
261.1 Purpose.
261.2 Applicability.
261.3 Policy.
261.4 Procedures.
261.5 Responsibilities.
261.6 Information requirements.

AUTHORITY: 50 U.S.C. Appendix, Section 473, section 6.

SOURCE: 47 FR 34533, Aug. 10, 1982, unless otherwise noted.

8261.1 Purpose.

This part incorporates DoD Directive 1330.15, “Alcoholic Beverage Control," May 4, 1964, (which is hereby cancelled), provides policy and assigns responsibilities for the operation of military clubs and package stores of the Army, Navy, Air Force, and the Marine Corps; and authorizes the development, publication, and maintenance of DoD 1015.3-R, "Armed Services and Military Club and Package Store Regulations." 8261.2 Applicability.

The provisions of this part apply to the Office of the Secretary of Defense and the Military Departments, including DoD activities with clubs and package stores designated as a service (executive agent) responsibility, and Defense Agencies (hereinafter referred to

“DoD Components”). The term "Military Services," as used herein, refers to the Army, Navy, Air Force, and Marine Corps.

8 261.4 Procedures.

Procedures and guidance are prescribed in DoD 1015.3-R, "Armed Services Military Club and Package Store Regulations." Chapter 4, section C., of this guidance reads as follows:

"C. COOPERATION. The Department of Defense shall cooperate with local, state, and federal officials to the degree that their duties relate to the provisions of this chapter. However, the purchase of all alcoholic beverages for resale at any camp, post, station, base, or other DoD installation within the United States shall be in such a manner and under such conditions as shall obtain for the government the most advantageous contract, price and other considered factors. These other factors shall not be construed as meaning any submission to state control, nor shall cooperation be construed or represented as an admission of any legal obligation to submit to state control, pay state or local taxes, or purchase alcoholic beverages within geographical boundaries or at prices or from suppliers prescribed by any state."

as

8 261.3 Policy.

It is the policy of the Department of Defense that Armed Services military clubs and package stores be established as an essential part of the DoD Morale, Welfare and Recreation (MWR) program. In addition, the Department of Defense shall establish controls and procedures governing the sale of alcoholic beverages in these clubs and package stores. Affirmative measures shall be taken to provide character guidance, emphasizing the harmful effects of the immoderate use of alcohol. Chaplains and local community and national organizations shall assist in this effort. Military clubs shall provide dining, essential feeding (where required), and social programs, services, and facilities to eligible patrons. Package stores shall provide the sale of alcoholic beverages purchased for offpremise consumption by authorized patrons, and also provide a resale source of alcoholic beverages for all other authorized activities under 50 U.S.C., Appendix, Section 473. The establishment, management, and control of club and package store nonappropriated fund instrumentalities (NAFIs) shall be in accordance with DoD Directive 1015.1, “Establishment, Management, and Control of Nonappropriated Fund Instrumentalities (NAFIS),” August 19, 1981.

$261.5 Responsibilities.

(a) The Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) (ASD(MRA&AL)) shall:

(1) Provide guidance and direction in carrying out the provisions of this part; and shall establish, maintain, and disestablish clubs and package stores in accordance with DoD Directive 1015.1.

(2) Delegate executive agent responsibilities consistent with DoD Directive 1015.1.

(3) Develop, publish, and maintain DOD 1015.3-R, consistent with DOD 5025.1-M.

(b) The Secretaries of the Military Departments shall:

(1) Act as executive agents for the administration of clubs and package stores, consistent with DoD Directive 1015.1.

(2) Establish a Fund Council whose composition and membership are provided at Chapter 1 of DoD 1015.3-R.

(c) The Director of Defense Agencies shall coordinate with the Military Service concerned in the preparation of a memorandum of understanding detailing Defense Agency responsibilities for the operation of clubs and package stores under the direction, regulation, and administration of the Military Service concerned.

8 261.6 Information requirements.

(a) This part establishes a reporting requirement that is prescribed in Chapter 4 of DoD 1015.3-R for a triennial review of each package store.

(b) Report Control Symbol DD M(TRI)1593 has been assigned to this information requirement.

PART 263—TRAFFIC AND VEHICLE

CONTROL ON CERTAIN DEFENSE MAPPING AGENCY SITES

Sec. 263.1 Definitions. 263.2 Applicability. 263.3 Compliance. 263.4 Registration of vehicles. 263.5 Inspection of license and registration. 263.6 Speeding or reckless driving. 263.7 Emergency vehicles. 263.8 Signs. 263.9 Right-of-way in crosswalks. 263.10 Parking. 263.11 Penalties.

AUTHORITY: 63 Stat. 377 as amended, 18 U.S.C. 13, 40 U.S.C. 318 a through d, 50 U.S.C. 797, Delegations, 43 FR 56895, 46 FR 58306.

SOURCE: 48 FR 34952, Aug. 2, 1983, unless otherwise noted.

eral criminal offenses by virtue of the Assimilative Crimes Act, 18 U.S.C. 13. 8263.3 Compliance.

(a) All persons entering the site shall comply with this regulation; with all official ons; and with the lawful directions or orders of a uniformed guard in connection with the control or regulation of traffic, parking or other conduct at the Brookmont site.

(b) At the request of a uniformed guard, a person must provide identification by exhibiting satisfactory credentials (such as driver's license).

(c) No person shall knowingly give any false or fictitious report concerning an accident or vio ion of this regulation to any person properly investigating an accident or alleged violation.

(d) All incidents resulting in injury to persons or damage to property must be reported to the Security Office immediately.

(e) No person involved in an accident shall leave the scene of that accident without first giving aid or assistance to the injured and making his or her identity known. 8 263.4 Registration of vehicles.

(a) Newly assigned or employed individuals who intend to operate a privately-owned vehicle at the site shall register it with the Security Police Division within 24 hours after entry on duty.

(b) Temporary registration for a specified period of time will be permitted for temporarily hired, detailed, or assigned personnel; consultants; contractors; visiting dignitaries, etc. 8 263.5 Inspection of license and reg

istration. No person may operate any motor vehicle on the site without a valid, current operator's license, nor may any person, if operating a motor vehicle on the site, refuse to exhibit for inspection, upon request of a uniformed guard, his operator's license or proof of registration of the vehicle under his control at time of operation. $263.6 Speeding or reckless driving.

(a) No person shall drive a motor vehicle on the site at a speed greater

8263.1 Definitions.

As used in this part:

(a) Brookmont site means those grounds and facilities of the Defense Mapping Agency Hydrographic/Topographic Center (DMAHTC) and the Defense Mapping Agency Office of Distribution Services (DMAODS) located in Montgomery County, Maryland, over which the Federal Government has acquired exclusive or concurrent jurisdiction.

(b) Uniformed guard means a designated DMA government guard appointed to enforce vehicle and traffic regulations by the Director, DMAHTC. $263.2 Applicability.

The provisions of this regulation apply to all areas in the Brookmont site and to all persons on or within the site. They supplement those penal provisions of Title 18, U.S. Code, relating to crimes and criminal procedures, which apply without regard to the place of the offense and those provisions of state law which are made fed

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