§1418-K. Fees
1. Fees prohibited generally. Except as provided in subsection 2, a rental fee may not be required or received for the granting of authority to the division to operate a vending facility.
[PL 1997, c. 393, Pt. A, §31 (NEW).]
2. Fees authorized; limitation. A rental fee or other fee may be charged to the operator only if the vending facility is located on commercial municipal property, including a public airport, where the following conditions are met:
A. The vending facility generates revenue primarily from the general public at large rather than from public employees; [PL 1997, c. 393, Pt. A, §31 (NEW).]
B. The vending facility occupies space for which there are other competing retail commercial uses and other retail users are, in fact, renting nearby public space on the property; and [PL 1997, c. 393, Pt. A, §31 (NEW).]
C. The public owner depends on generating revenue from the space occupied by the vending facility. [PL 1997, c. 393, Pt. A, §31 (NEW).]
Any rent or other fee charged to the operator must be less than what would otherwise be charged to a competing commercial tenant and must be pursuant to a written agreement. The terms of the agreement must adequately account for the value of investments made by the division to create or maintain the vending facility.
[PL 1997, c. 393, Pt. A, §31 (NEW).]
3. Application. This section applies to the rental of vending facilities and the renewal of any rental agreement after the effective date of this section.
[PL 1997, c. 393, Pt. A, §31 (NEW).]
SECTION HISTORY
PL 1995, c. 560, §F13 (NEW). PL 1997, c. 393, §A31 (RPR).
Structure Maine Revised Statutes
Chapter 19: DEPARTMENT OF LABOR
Subchapter 2: REHABILITATION SERVICES
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS
26 §1418-A. Division for the Blind and Visually Impaired
26 §1418-B. Jurisdiction of director defined
26 §1418-C. Program established; Division for the Blind and Visually Impaired
26 §1418-D. Education of blind children
26 §1418-E. Mandatory report of blindness
26 §1418-F. Business enterprise program
26 §1418-H. Powers and duties of the division
26 §1418-I. Construction; remodeling; planning for vending facility
26 §1418-J. Construction of buildings
26 §1418-L. Correctional, mental and certain educational institutions