Nevada § 426.640 - Operation of vending facilities by licensees; priority of right in or on certain public buildings or properties; waiver of priority

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

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.