SENATE, No. 3341

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JUNE 3, 2024

 


 

Sponsored by:

Senator  MICHAEL L. TESTA, JR.

District 1 (Atlantic, Cape May and Cumberland)

 

 

 

 

SYNOPSIS

     Modifies requirements for operation of certain food and service stands in State, county, and municipal buildings, grounds, and premises.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the operation of certain food and service stands in State, county, and municipal buildings, grounds, and premises, amending P.L.1938, c.349, and supplementing Title 30 of the Revised Statutes. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  Section 1 of P.L.1938, c.349 (C.30:6-15.1) is amended to read as follows: 

     1.  It shall be lawful for the head of any department, board, agency, or governing body in charge of any State, county or municipal building, grounds and premises, to grant priority and preference to the New Jersey State Commission for the Blind and Visually Impaired in the issuance of a permit to operate in such building, grounds and premises, under their control, a stand, with or without mechanical machines, for the vending of newspapers, periodicals, confections, tobacco products, and such other articles as may be approved; provided, however, that such stand, with or without mechanical machines, shall be operated by a blind person under the supervision and control of the said New Jersey Commission for the Blind and Visually Impaired.  Such blind person must be 21 years of age, a citizen of the United States and a resident of the State for 1 year immediately prior to the date of his application for a stand, with or without mechanical machines.  In buildings, grounds and premises where a stand, with or without mechanical machines, now exists the present operator shall not be removed, but when such operator ceases to operate such stand, with or without mechanical machines, priority and preference for the further operation of the stand, with or without mechanical machines, shall be granted to the New Jersey Commission for the Blind and Visually Impaired.  This section shall apply except as provided in section 2 of P.L.   , c.   (C.   )(pending before the Legislature as this bill).

(cf:  P.L.1963, c.81, s.8)

 

     2.  (New section)  a.  With regard to any State, county, or municipal building, grounds, and premises where a stand, with or without mechanical machines, is operated subject to section 1 of P.L.1938, c.349 (C.30:6-15.1):

     (1)  if the operator ceases to operate the stand and the stand remains out of service for at least three calendar months, such stand shall be made available to be operated by a disabled person-owned business with a license to operate such stand, as applicable.

     (2)  if the operator ceases to operate the stand and the stand remains out of service for at least six calendar months, such stand shall be made available to be operated by a veteran-owned business with a license to operate such stand, as applicable. 

     (3)  if the operator ceases to operate the stand and the stand remains out of service for at least nine calendar months, such stand shall be made available to be operated by any business with a license to operate such stand, as applicable. 

     b.  (1)  When an operator other than a blind person ceases to operate such stand, priority and preference for the further operation of the stand, with or without mechanical machines, shall be granted to the New Jersey Commission for the Blind and Visually Impaired. 

     (2)  No license fee, rental, or other charge shall be demanded, exacted, required or received for the granting of such permit to or for the operation of such stand by a disabled person-owned business or a veteran-owned business.

     c.  The provisions of this section shall not impair any contract in effect on the effective date of this act, P.L.   , c.   (pending before the Legislature as this bill). 

     d.  “Disabled person-owned business” means a business that has its principal place of business in the State, is independently owned and operated and at least 51% of the business is owned and controlled by persons with a disability as defined in section 4 of P.L.1985, c.222 (C.52:27D-304).

     “Veteran-owned business" means a business that has its principal place of business in the State, is independently owned and operated and at least 51 percent of the business is owned and controlled by persons who are veterans.

     e.  The Department of Human Services and the New Jersey Commission for the Blind and Visually Impaired shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section. 

 

     3.  Section 2 of P.L.1938, c.349 (C.30:6-15.2) is amended to read as follows: 

     2.  No license fee, rental, or other charge shall be demanded, exacted, required or received for the granting of such permit or for the operation of such stand when operated by a blind person under the supervision and control of the commission.

(cf: P.L.1938, c.349, s.2)

 

     4.  This act shall take effect on the first day of the fourth calendar month next following enactment, except that the Commissioner of the Department of Human Services and the New Jersey Commission for the Blind and Visually Impaired may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act, and paragraph (1) of subsection a. of section 2 of this law shall be applicable to a stand that has been out of service for at least three calendar months prior to the effective date. 

 

 

STATEMENT

 

     Under current law, food and service stands such as cafes and newsstands operated in State, county, and municipal buildings, grounds, and premises are operated by blind persons under the New Jersey Commission for the Blind and Visually Impaired.  When such stand ceases to operate, the stand may be operated by another blind person; however, at times, the stand may be vacant for an extended period of time. 

     Under this bill, where a stand is operated by a blind person and:

     (1)  if the operator ceases to operate the stand and the stand remains out of service for at least three calendar months, such stand will be made available to be operated by a disabled person-owned business with a license to operate such stand. 

     (2)  if the operator ceases to operate the stand and the stand remains out of service for at least six calendar months, such stand will be available to be operated by a veteran-owned business with a license to operate such stand. 

     (3)  if the operator ceases to operate the stand and the stand remains out of service for at least nine calendar months, such stand will be available to be operated by any business with a license to operate such stand. 

     No license fee, rental, or other charge will be required by a disabled person-owned business or a veteran-owned business. 

     When an operator other than a blind person ceases to operate such stand, the stand will revert to the control of the commission and priority and preference for the further operation of the stand will be returned to the commission for operation by a blind person. 

     The provisions of the bill will not impair any contract in effect on the effective date of the bill. 

     Under the bill, “disabled person-owned business” means a business that has its principal place of business in the State, is independently owned and operated and at least 51% of the business is owned and controlled by a person with a disability.  “Veteran-owned business" means a business that has its principal place of business in the State, is independently owned and operated and at least 51 percent of the business is owned and controlled by persons who are veterans.