You asked what changes P. A. 75-549, An Act Concerning Food Services Facilities and Vending Stands of State-Leased Premises, made to the law granting the Board of Education and Services for the Blind (BESB) the right to operate such facilities. You also wanted to know the attorney general's interpretation of the act.

BESB'S VENDING RIGHTS

Public Act 220 of 1945 gave BESB the right to operate vending facilities. The act required "the authority in charge of any state, county or municipal building or property" to grant BESB a permit to operate "a stand for the vending of newspapers, periodicals, confections, tobacco products and such other articles as such authority approves when, in the opinion of such authority, such a stand is desirable in such a location. " The act grandfathered any person operating a stand as of October 1, 1945, but it required the authority to grant the permit to BESB once that person had stopped. This provision was codified as Section 10-303 of the general statutes.

Two 1959 public acts, 264 and 615, made changes to Section 10-303. They removed BESB's authority to operate in county facilities, and expanded its authorized operations in state and municipal properties to include food service facilities and vending machines. PA 75-549 amended the section again to require the authority in charge of "any building or property owned, operated or leased by the state or any municipality therein" (emphasis added) to grant BESB a permit to operate food service facilities, vending machines, and vending stands.

In 1977, Transportation Commissioner James Shugrue sought the attorney general's opinion on whether the changes to Section 10-303 made in PA 75-549 prohibited leasing to vendors other than BESB the food and vending service areas of certain Connecticut highways and airports. Attorney General Carl Ajello found the legislative intent was to grant priority to blind vendors because they are limited in occupational options. But he pointed out that the statute only requires the authority to offer BESB an operating permit after it has been determined that a food service facility, vending machine, or vending stand is desirable in a particular location. BESB may not operate a facility where none is wanted, but it must have the right of first refusal when such a facility is desired. Thus, while the law does not prohibit the state or municipality from leasing a building or property to a vendor other than BESB, it may do so only after BESB has renounced its statutory right.

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