Chap. 198.—An ACT to authorize the Virginia Commission for the Blind to
provide for the acquisition and operation of certain business enterprises for
benefit of the blind. {H 1

Approved March 12, 1948

Be it enacted by the General Assembly of Virginia:

1. Section 1. Definitions—The following terms, whenever
used in this act, shall have the meanings respectively set forth
unless a different meaning is clearly required by the context:

(a) “Commission” means the Virginia Commission for the
Blind.

(b) “Blind person” means a person having not more than
20/200 visual acuity in the better eye with correcting lenses; or
visual acuity greater than 20/200 but with a limitation in the field
of vision such that the widest diameter of visual field subtends an
angle no greater than 20 degrees. Such blindness shall be certified
by a duly licensed ophthalmologist.

(c) “Custodian” means any person or group of persons having
the authority to grant permission for the installation and operation
of vending stands and other business enterprises.

(d) “Vending Stand” means an installation in any public or
private building for the sale of newspapers, periodicals, confections,
tobacco products, soft drinks, ice cream, wrapped foods and such
other articles as may be approved by the custodian thereof and

the Commission.
(e) “Business enterprise” means any business, other than a
vending stand, wherein the initial installation cost does not exceed
three thousand dollars.

(f) “Nominee” means any non-profit private corporation fami-
liar with work for the blind and in the placement of the blind.

(g) “Public and private buildings and other properties
throughout the Commonwealth” means buildings, land, or other
property owned by or leased to the State or a political subdivision
(including a municipality) or a corporation or individual.

Section 2. The Commission is hereby authorized to operate
vending stands and other business enterprises in public and private
buildings for the purpose of providing blind persons with employ-
ment, enlarging the economic opportunities of the blind, and stimu-
lating the blind to make themselves self-supporting. Blind persons
employed under the provisions hereof shall be authorized to operate
vending stands and other business enterprises on any property
where, in the discretion of the owner or custodian of the property,
vending stands and other business enterprises may be properly and
satisfactorily operated.

Section 3. The Commission shall

(a) Make surveys of vending stand and other business enter-
prise opportunities for blind persons in public and private buildings
and other properties throughout the Commonwealth.

(b) Be the agency to employ blind persons who are residents
of the State of Virginia and who are at least twenty-one years of
age for the operation of vending stands and other business
enterprises.

(c) Be the agency to select the location of the vending stand
and other business enterprise, the operator, and to provide all
necessary supervision of the operator and the vending stand and
other business enterprise.

(d) Perform such other duties as may be necessary and pro-
per to carry out the provisions of this act.

(e) In employing operators give perference to those blind
persons who are in need of employment. Persons employed shall
be qualified to operate such vending stands and other business
enterprises, All such privileges to operate vending stands and other
business enterprises shall be revocable by the Commission in
accordance with regulations made by it.

(f{) With the approval of the custodian having charge of the
property on which the vending stand and other business enterprise
is to be located, to select the location for such vending stand and
other business enterprise, and the type of vending stand and other
business enterprise to be provided.

Section 4. The Commission may contract with any nominee,
to provide all necessary equipment and merchandise for the opera-
tion of this program in the rehabilitation of the blind.

Section 5. The Commission shall provide such blind persons
employed such vending stand and other business enterprise equip-
ment and a stock of suitable articles to be vended therefrom as
may be necessary; provided that the ownership of all vending
stands and other business enterprise equipment provided shall
remain in the Commission, or in the nominee of the Commission.

Section 6. The Commission shall set aside or cause to be set
aside from the proceeds of the operations authorized hereby such
funds as may be necessary for the purpose of (a) insuring a fair
minimum return to all operators in the State, (b) providing stock
and the use and maintenance of vending stand and other business
enterprise equipment, and (c) providing to such operators insurance
protection as may be necessary to carry out the purposes of this
act and to use such funds exclusively for these purposes ; provided,
however, that the Commission may contract with the nominee,
as agent of the Commission, to furnish services, including the pur-
chase of vending stand and other business enterprise equipment,
and stock, the collection of the funds required to be set aside for
the purposes specified in this section, and the keeping of accounts.

Section 7. The Commission shall require the nominee to make
such reports in such form and containing such information as the
Commission may from time to time require and to comply with
such provisions as the Commission may from time to time find
necessary.

If the Commission, after reasonable notice and opportunity for
hearing to the nominee, finds that said nominee has failed to comply
substantially with the provisions of this act or the regulations
issued thereunder, it shall notify the nominee that its designation
as nominee is suspended until the Commission is satisfied that
there will no longer be any such failure. Until the Commission is
so satisfied, or in the event the nominee shall cease to exist, the
Commission may make such provision as it deems proper for the
continued operation of the program established under the provisions
of this act.

Section 8. The Commission is authorized to make regulations
for the administration of this act which shall, among other things,
provide for the acquisition and disposition of the vending stand
and other business enterprise equipment and other assets used in
the operations pursuant to this act.

The Commission may require of its officer and employee the
performance of such duties to effectuate this act as it deems proper.

Section 9. When any vending stand and other business enter-
prise now operated in a public building becomes vacant for any
reason whatsoever such vacancy shall be filled by employment
of the blind.

Section 10. The Commission may contract with agencies of
the Federal government for the installation and supervision of
vending stands and business enterprises on Federal property in
this State.
Section 11. The Commission and its nominee shall be exempt
from all State and local taxes.

Section 12. Any person aggrieved by any act of the Commis-
sion or of the agents or employees or of its nominee in the adminis-
tration hereof may appeal to the Commission for a hearing and the
decision of the Commission on such appeal shall be final.