§102-14  Use of public buildings by blind orvisually handicapped persons.  (a)  For the purpose of providing blind orvisually handicapped persons, as defined in sections 235-1, 347-1, and 347-2with remunerative employment, enlarging their economic opportunities andstimulating them to greater efforts in striving to make themselvesself-supporting, blind or visually handicapped persons registered by thedepartment of human services under section 347-6 and issued permits undersubsection (c) shall be authorized to operate vending facilities and machinesin any state or county public building for the vending of newspapers,periodicals, confections, tobacco products, foods, beverages, and such otherarticles or services prepared on or off the premises in accordance with allapplicable laws.

(b)  The department of human services, afterconsultation with authorities responsible for management of state or countypublic buildings, shall adopt rules in accordance with chapter 91, necessaryfor the implementation of this section, including, but not limited to rules toassure that priority be given to registered blind or visually handicappedpersons in the operation of vending facilities in state or county publicbuildings and to establish, whenever feasible, one or more vending facilitiesin all state and county public buildings.

(c)  Assignment of vending facilities and spacefor vending machines shall be by permit issued by the department of humanservices.

(d)  No person shall advertise or otherwisesolicit the sale of food or beverages for human consumption in any publicbuilding which is in competition with a vending facility or machine operated ormaintained by a duly authorized blind or visually handicapped person asprescribed by rules and regulations established under chapter 91.  Any personwho violates this subsection shall be subject to a fine of not more than$1,000.

(e)  After July 1, 1981, or upon theexpiration of vending machine contracts in existence on June 10, 1981, novending machines shall be placed in any state or county public building inwhich there is a vending facility or machine assigned by permit to a blind orvisually handicapped person except pursuant to a permit issued by thedepartment of human services.

(f)  Any permit granted pursuant hereto may beterminated by the department of human services if the department determinesthat the vending facility or machine is not being operated in accordance withprescribed rules.

(g)  This section shall not apply to thejudiciary history center facilities in the Ali`iolani Hale building, Universityof Hawai`i system, public library system facilities, department of educationfacilities, department of transportation airport and harbor restaurant andlounge facilities and operations, public parks, and state and county facilitiesdesigned and intended for use as facilities for entertainment and other publicevents.

(h)  After July 1, 1981, any department,agency, or instrumentality of the State or any of its political subdivisionsplanning the construction, substantial alteration, or renovations of anybuilding shall consider including plans for a vending facility maintained oroperated by a blind or visually handicapped person.  The present vendor who isoperating a vending facility shall not be displaced or dislocated from anystate or county building because of renovations or substantial alterations,except for any temporary displacement or dislocation which may be necessary forthe completion of the renovations or alterations.  Any such vendor shall havethe first option to operate the facility upon completion of the renovations orsubstantial alterations. [L 1937, c 208, §1; RL 1945, §465; RL 1955, §7-20; amL 1959, c 246, §14; am L 1964, c 30, §2; HRS §102-14; am L 1981, c 131, §1; amL 1987, c 339, §4; am L 1993, c 328, §2; am L 1994, c 57, §3; am L 1996, c 138,§2]

 

Revision Note

 

  In subsection (e), "June 10, 1981" substitutedfor "the effective date of this Act."

 

Cross References

 

  Adoption of rules, see chapter 91.

 

Case Notes

 

  As the federal adjudication path applied to disputes arisingfrom the Hawaii Randolph-Sheppard Act, trial court lacked subject matterjurisdiction to decide the merits of the case.  112 H. 388, 146 P.3d 103.