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



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



(c)  Assignment of vending facilities and space
for vending machines shall be by permit issued by the department of human
services.



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



(e)  After July 1, 1981, or upon the
expiration of vending machine contracts in existence on June 10, 1981, no
vending machines shall be placed in any state or county public building in
which there is a vending facility or machine assigned by permit to a blind or
visually handicapped person except pursuant to a permit issued by the
department of human services.



(f)  Any permit granted pursuant hereto may be
terminated by the department of human services if the department determines
that the vending facility or machine is not being operated in accordance with
prescribed rules.



(g)  This section shall not apply to the
judiciary history center facilities in the Ali`iolani Hale building, University
of Hawai`i system, public library system facilities, department of education
facilities, department of transportation airport and harbor restaurant and
lounge facilities and operations, public parks, and state and county facilities
designed and intended for use as facilities for entertainment and other public
events.



(h)  After July 1, 1981, any department,
agency, or instrumentality of the State or any of its political subdivisions
planning the construction, substantial alteration, or renovations of any
building shall consider including plans for a vending facility maintained or
operated by a blind or visually handicapped person.  The present vendor who is
operating a vending facility shall not be displaced or dislocated from any
state or county building because of renovations or substantial alterations,
except for any temporary displacement or dislocation which may be necessary for
the completion of the renovations or alterations.  Any such vendor shall have
the first option to operate the facility upon completion of the renovations or
substantial alterations. [L 1937, c 208, §1; RL 1945, §465; RL 1955, §7-20; am
L 1959, c 246, §14; am L 1964, c 30, §2; HRS §102-14; am L 1981, c 131, §1; am
L 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" substituted
for "the effective date of this Act."



 



Cross References



 



  Adoption of rules, see chapter 91.



 



Case Notes



 



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