Mich. Admin. Code R. 393.24 - Licensee obligations generally

Rule 24.

(1) Each licensee shall agree to do all of the following:

(a) Perform, to the best of his or her ability, the necessary duties in connection with the vending facility pursuant to the commission's rules and procedures, the terms of the permit, and the agreement with the licensee and otherwise abide by the rules of the commission.

(b) Operate not more than 1 concession as defined in the act.

(c) Take no action in derogation of, or inconsistent with, the title of the state of Michigan to the vending facility equipment.

(d) Sign the vending facility agreement, agreeing to accept full responsibility for the amount of the initial merchandise inventory. The licensee further agrees to maintain that level of inventory at all times, with the exception of seasonal business cycles, until he or she leaves the facility. Nothing contained in the vending facility agreement makes the parties partners or joint venturers with each other. The only relationship between the commission and the vending facility operator is that of agency and license. Nothing in the vending facility agreement renders either of the parties liable to any third party for debts of or litigation of the other party.

(e) Notify the promotional agent, within 2 weeks of when a vending facility is assigned, of any problems with the inventory. After that date, the commission is not obligated to adjust the inventory or reimburse for bad products.

(f) Submit, in writing, requests for facility renovations, or discuss, with the assigned promotional agent, facility renovations as a component of the annual vending facility evaluation process. Proposed renovations shall be forwarded to the central office of the commission.

(g) Admit duly authorized representatives of the commission to the vending facility and cooperate with them in connection with their official duties and responsibilities.

(h) Sell only the types of merchandise itemized in the agreement signed by the licensee and the commission.

(i) Pay for all merchandise and supplies purchased within the terms and conditions of the credit policies of suppliers.

(j) Obtain approval of the commission, except in emergencies, before employing assistants within the guidelines established by the commission board with the active participation of the committee.

(k) Conform to the hours of operation as fixed by the commission after consultation with the licensee and the agency having charge of the property. The hours of operation shall be stated on the vending stand agreement.

(l) Participate in the in-service training programs provided.

(m) Obtain and maintain a general comprehensive liability insurance policy and, if the licensee hires1 or more full-time or part-time employees, obtain and maintain workers' disability compensation coverage and pay unemployment taxes and all other applicable federal, state, and local taxes.

(n) Comply with all applicable federal and state laws and regulations, including tax laws.

(o) The commission shall commence license revocation proceedings if a licensee fails to comply with any of the provisions specified in this subrule.

(2) A licensee shall not discriminate against any person or persons in furnishing the use of any vending facility, including any and all services, privileges, and accommodations provided. A licensee shall comply with all of the following:

(a) Title VI of the civil rights act of 1964, 42 U.S.C. § 200 d and regulations issued under title VI of the civil rights act of 1964.

(b) The Americans with disabilities act of 1990, 42 U.S.C. §12101 et seq.

(c) 1976 PA 220, as amended, MCL 37.1101.

(d) Any other applicable civil rights legislation.

(3) A licensee shall refer repairs to facility structure and utilities to the commission for action. If the needed repair is an emergency and requires immediate attention, then the licensee shall contact building personnel to effect the necessary repairs.

Notes

Mich. Admin. Code R. 393.24

2004 AACS