NRS426.670. Surveys by Bureau; establishment and licensing of vending stand; training; contracts; regulations; when department or agency may recover cost or expenses.

      1.  The Bureau shall:

      (a) Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by persons who are blind and advise the heads of departments or agencies charged with the maintenance of the buildings or properties of its findings.

      (b) With the consent of the respective heads of departments or agencies charged with the maintenance of the buildings or properties, establish vending stands in those locations which the Bureau has determined to be suitable. Except as otherwise provided in subsection 4, the Bureau may enter into leases, licensing agreements or other contracts or agreements therefor.

      (c) Select, train, license and assign qualified persons who are blind to manage or operate vending stands or do both.

      (d) Except as otherwise provided in this paragraph, execute contracts or agreements with persons who are blind to manage or operate vending stands or do both. The agreements may concern finances, management, operation and other matters concerning the stands. The Bureau shall not execute a contract or agreement which obligates the Bureau, under any circumstances, to make payments on a loan to a person who is blind.

      (e) When the Bureau deems such action appropriate, impose and collect license fees for the privilege of operating vending stands.

      (f) Establish and effectuate such regulations as it may deem necessary to ensure the proper and satisfactory operation of vending stands. The regulations must provide a method for setting aside money from the revenues of vending stands and provide for the payment and collection thereof.

      2.  The Bureau may enter into contracts with vendors for the establishment and operation of vending stands. These contracts must include provisions for the payment of commissions to the Bureau based on revenues from the vending stands. The Bureau may assign the commissions to licensed operators for the maintenance of their incomes.

      3.  The Bureau may, by regulation, provide:

      (a) Methods for recovering the cost of establishing vending stands.

      (b) Penalties for failing to file reports or make payments required by NRS 426.630 to 426.720, inclusive, or a regulation adopted pursuant to those sections when they are due.

      4.  A department or agency that has care, custody and control of a public building or property in or on which a vending stand is established:

      (a) Shall not require the Bureau or the operator of the vending stand to pay any rent, fee or assessment that is based on the square footage of the portion of the building or property where the vending stand is located. Such a prohibited fee or assessment includes, without limitation, a fee for the maintenance of landscaping or a common area.

      (b) May enter into an agreement with the Bureau to recover the increases in utility costs or other expenses where there is a direct, measurable and proportional increase in such costs or expenses as a result of the operation of the vending stand.

Ê Any provision in a lease, licensing agreement, contract or other agreement relating to a vending stand established pursuant to this section that conflicts with this subsection is void.

      (Added to NRS by 1959, 170; A 1961, 331; 1963, 923; 1965, 774; 1973, 74, 1394; 1975, 199; 1983, 298; 1993, 103; 2013, 827)