means the Blind Vendors Act codified as part 4 of Title 18, chapter 5, MCA.
(2) "Blind person" means a person whose central visual acuity does not exceed 20/200
in the better eye with correcting lenses or whose visual acuity is greater than
20/200 but is accompanied by a limitation in the field of vision in the better
eye to such a degree that the widest diameter of the visual field subtends an
angle no greater than 20 degrees as determined by an ophthalmologist or a
physician skilled in diseases of the eye.
(3) "Blind vendor" means a person certified as a blind person for the purpose of this
subchapter and who is operating a vending facility administered by the
(4) "Blind vendors program" means the program administered by the department for the
purpose of providing to certified blind persons the business opportunities
authorized by Title 18, chapter 5, part 4, MCA. The blind vendors program is administered in conjunction with the
business enterprise program of the department.
(5) "Business enterprise facility" for the purpose of this subchapter means a vending
facility administered by the department.
(6) "Certified blind person" means a blind person whom the department has determined is a
blind person as defined in this subchapter, is in need of vocational
opportunities, and is qualified to operate a vending facility.
(7) "Department" means the department of public health and human services.
(8) "Federal property" means buildings or portions of buildings or other real property
owned or leased by the federal government excluding military reservations upon
which the department may administer vending facilities by an agreement entered
into under the authority of the federal Randolph-Sheppard Act, as amended.
(9) "License" means the certification of a blind person provided for in 18-5-403, MCA, for
the purpose of providing vocational opportunity through a state-administered
(10) "Licensing agency" means the visual service division, department of public health and
human services, state of Montana.
(11) "Net proceeds" means the amount remaining from the sale of articles or services
of vending facilities, and any vending machine or other income accruing to
blind vendors after deducting the cost of such sale and other expenses
(excluding set-aside charges required to be paid by such blind vendors).
means a non-profit agency or organization designated by the state licensing
agency through a written agreement to act as its agent in the provision of
services to blind licensees under the state's vending facility program.
(13) "Other property" means all real property other than state or federal property as
defined in this rule.
(14) "State property" means those buildings or portions of buildings or other real
property owned or leased under a lease-purchase agreement, or in the case of a
building, leased in its entirety by the state or agencies of the state that are
utilized in the conduct of state matters and occupied principally by state
employees. State property for the
purpose of this subchapter does not include vocational institutions or institutions
of higher education.
(15) "Vending facility" means an area and equipment inclusive of vending machines on
state, federal or other property which is or may be utilized in providing a
food, beverage, or other service to employees and other persons present on the
property, and may include any of the following:
(a) shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other
appropriate auxiliary equipment that is necessary for the vending of articles
that are approved by the agency, or other authority having care, custody and
control of the property in or on which the vending stand is located;
(b) manual or coin operated vending machines or similar devices for vending the approved
(c) cafeteria or snack bar facilities for the dispensing of approved foods and beverages.
(16) "Vending machine" means a device for the dispensing of foodstuffs, liquids, or other
products when money is inserted into the device. Vending machine does not include postage stamp machines or
(17) "Vendor" means either a blind vendor or any person who is by contract temporarily
managing and operating a business enterprise facility which is part of the
blind vendors program.
(18) "Vocational rehabilitation programs" means those programs provided for under the
federal Randolph-Sheppard Act, as amended, and Title 53, chapter 7, part 3,
History: Sec. 18-5-414, MCA; IMP, Sec. 18-5-401 through 18-5-416, MCA; NEW, 1983 MAR p. 657, Eff. 6/17/83; TRANS, from SRS, 1998 MAR p. 2040.