As used in this part, the following terms shall have the following meanings: (a) "Act" means the Randolph-Sheppard Vending Stand Act, Act of June 20, 1936, c. 638, 49 Stat. 1559, as amended by the Act of August 3, 1954, c. 655, 68 Stat. 652, 663 (20 U.S.C. 107-107f). (b) "Bureau" means any bureau, office, or corporation of the Treasury Department and such comparable administrative units as may hereafter be created or made a part of the Department. Where the Department is in control of the maintenance operation, and protection of Federal property, but such property is not operated by a bureau, the Office of Administrative Assistant Secretary of the Treasury shall exercise the power and responsibility of a bureau under this part with regard to such property. (c) "Federal property" means any building, land or other real property owned, leased, or occupied by any department or agency of the United States or any instrumentality owned by the United States, or by any department or agency of the District of Columbia or any territory or possession of the United States. (d) "Property" or "property location" means any real property of which the Treasury Department or a bureau thereof is in control of the maintenance, operation and protection. (e) "Permit" means the official authorization given by a bureau on behalf of the Treasury Department, whereby the State licensing agency is authorized to place a vending stand (or stands) to be operated by a licensed blind person (or persons). (f) "Denial of a permit" means the termination of a permit or the refusal to issue a permit. (g) "Vending stand" means: (1) Such shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment as are necessary for the vending of such articles as may be approved by the State licensing agency and the bureau. (2) Manual or coin-operated vending machines or similar devices for vending such articles. (h) "State licensing agency" means the State agency designated by the Director of the Office of Vocational Rehabilitation pursuant to the Act to issue licenses to blind persons for the operation of vending stands on Federal and other properties. The term "State" includes, in addition to the 50 States of the Union, the District of Columbia, the Virgin Islands, Puerto Rico, and Guam. (1) "Licensed blind person" means a blind person who is licensed by a State licensing agency to operate a vending stand on Federal or other property. § 11.3 Department policy on permits for vending stands. (a) In accordance with the provisions of the Randolph-Sheppard Vending Stand Act, it will be the policy of this Department with respect to property of which it is in control of the maintenance, operation, and protection, to issue a permit authorizing the operation of such vending stands without charge for space or necessary utilities as, in the opinion of the State licensing agency, are suitable for operation by a licensed blind person and for which the State licensing agency makes application. (b) The application of a State licensing agency for a permit may be denied or a permit revoked if the Administrative Assistant Secretary of the Treasury determines that the interest of the United States would be adversely affected or this Department unduly inconvenienced by its issuance or continuance. Loss of revenue by reason of granting a rent free permit for operation of a vending stand by a licensed blind person shall not be a basis for denying such permits as unduly inconveniencing this Department or adversely affecting the interest of the United States. If a bureau believes factors other than loss of revenue justify denial or revocation of permit the matter should be referred to the Administrative Assistant Secretary of the Treasury for decision, together with the recommendation of the head of the bureau. (c) A permit shall not be issued without first consulting the appropriate State licensing agency, unless express permission is given by the Administrative Assistant Secretary of the Treasury. (d) Articles shall not be offered for sale on property after issuance of permit which would compete with articles approved for sale under the permit, except that this prohibition shall not apply to (1) sale by cafeterias or restaurants of articles of a type considered as food and usually sold as part of a meal, (2) sales by Coast Guard exchanges, and (3) sale of articles by vending machines. The income from such vending machines which are located within reasonable proximity to and are in direct competition with a licensed vending stand shall be assigned to the licensed blind operator. If a vending machine vends articles of a type authorized by the permit and is so located that it attracts customers who would otherwise patronize the vending stand, such machine shall be con sidered in reasonable proximity to and in direct competition with the stand. (e) In the exercise of any function of this Department in connection with planning for construction, alteration, or remodeling of a building which is or will become Federal property, provision shall be made for suitable space for vending stand or stands, if operations of one or more on such property will be feasible. This shall include facilities necessary to the operation of the stand, such as adequate electrical wiring and outlets, heating, plumbing and ventilation. The bureau will consult the State licensing agency in carrying out this provision. (f) The following factors shall be considered in establishing the location for the vending stand: (1) It shall be conveniently located with reference to prospective patrons. (2) It shall be located so as not to create hazard through congestion at, or in entrances, lobbies, corridors, or elevators. (3) It shall be located and designed so it will not detract from appearance of building. (4) It shall be located so as to facilitate delivery of supplies and removal of trash and garbage. (5) It shall be located where most profitable operation may be expected. The bureau shall consult with the State licensing agencies in applying the foregoing criteria. (a) Issuance of the permit shall be conditioned upon the vending stand meeting specified standards, including standards relating to appearance, safety, sanitation, and efficiency of operation. Due regard shall be given to provisions of laws and regulations for the public welfare which are applicable or would be applicable, if the property involved were not under jurisdiction of the Federal Government. (b) The permit shall specify types of articles which may be sold. The articles may include newspapers, periodicals, confections, tobacco products, articles dispensed automatically or in containers or wrapping in which they are placed before receipt by vending stand, and such other related articles as may be approved by the State licensing agency and the 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. § 11.5 Report on noncompliance with provisions of permit or on other matters. The permit, together with the applicable rules, regulations, and policies of the State licensing agency, shall govern operation of the vending stand, and all officials and employees of the Treasury Department shall encourage conduct and operation in accordance with such permit, rules, regulations, and policies. Bureaus shall cooperate with the State licensing agency with respect to the foregoing and report to it any significant violations or other relevant matters which come to their attention. If a bureau be 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. § 11.7 Bureaus' procedures for assuring preference. (a) The head of each bureau in control of the maintenance, operation, and protection of any Federal property shall maintain procedures in order to insure compliance with this part. (b) The bureau shall designate a representative for each property location 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. PART 15-POLICY WITH RESPECT TO § 15.1 Remission and mitigation of forfeitures incurred by vehicles. From time to time inquiries are received by the Treasury Department regarding the policy which it pursues in connection with mitigation and remission decisions with respect to automoble forfeitures incurred under various statutes administered by the Treasury Department through the Internal Revenue Service, The Bureaus of Customs, Narcotics and the Secret Service. Among such statutes are 19 U.S.C. 1594 (Customs), 49 U.S.C. 782 (Internal Revenue, Narcotics and Secret Service) and 26 U.S.C. 7301 and 7302 (Internal Revenue). The Secretary of the Treasury by statute (19 U.S.C. 1618, 26 U.S.C. 7327 and 49 U.S.C. 784), and certain other Treasury officers by delegation from the Secretary, have discretionary authority to mitigate or remit forfeitures of this type. Relief is granted, from time to time, in favor of persons who have interests in the vehicles if the persons were not in any way involved in the violations. However, relief is not granted to one who made the vehicle available to the person involved in the violation with any knowledge, or the ability to know, that such person had a criminal record or reputation. The Treasury Department desires to point out that in its exercise of its discretion it is guided by a standard similar to that which the Congress has established in 18 U.S.C. 3617(b) with respect to the mitigation and remission by courts of forfeitures in connection with violations of the liquor laws. In relevant part that section provides that remission or mitigation shall not be allowed on behalf of any claimant "if it appears that the interest asserted by the claimant arises out of or is in any way subject to any contract or agreement under which any person having a record or reputation for violating laws of the United States or of any State relating to liquor has a right with respect to such vehicle or aircraft, [unless it appears] that, before such claimant acquired his interest, or such other person acquired his right under such contract or agreement, whichever occurred later, the claimant, his officer or agent, was informed in answer to his inquiry, at the headquarters of the sheriff, chief of police, principal Federal internal-revenue officer engaged in the enforcement of the liquor laws, or other principal local or Federal law-enforcement officer of the locality in which such other person acquired his right under such contract or agreement, of the locality in which such other person then resided, and of each locality in which the claimant has made any other inquiry as to the character or financial standing of such other person, that such other person had no such record or reputation." In considering a person's record or reputation for crime, the Treasury Department does not, however, limit itself to crimes involving the liquor laws. It also considers other crimes, a record or reputation for which might reasonably lead to the belief that a person with such a record or reputation would be more prone than the normal to be involved in a violation leading to an automobile forfeiture. [26 F.R. 4742, May 30, 1961] |