(a) Definitions. As used in this chapter, the following terms have the following meanings:
"Disability" means a physical or mental impairment that substantially limits one or more major life activities or major bodily functions and that permanently or temporarily impairs an individual's ability to operate a general vending business.
"Major bodily functions" include functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
"Major life activities" include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.
(b) Request for Authorization.
(1) Subject to the restrictions set forth in this rule, a general vendor holding a current General Vendor's license with a disability may use individuals as helpers in the operation of his or her general vending business, even if such individuals do not have general vending licenses.
(2) A general vendor must request authorization to use helpers on forms prescribed by the Department, including a certification form to be completed by an appropriate licensed health care professional who has examined the general vendor. The licensed health care professional must: (i) attest to the existence of a disability; (ii) describe with specificity how the disability impairs the vendor's ability to operate a general vending business; and (iii) state whether the disability is permanent or temporary, and in the case of a temporary disability, the likely duration of the disability. The Department may require applicants to submit supplemental medical reports or certifications to verify the continued existence of a temporary disability.
(3) The Department shall maintain the confidentiality of all medical records and information submitted by the general vendor seeking authorization to use helpers unless required to be produced pursuant to law.
(4) The Department shall make a determination as soon as is practicable after receiving all requested documents and information. The Department shall then inform the party seeking authorization in writing whether the request has been approved or denied.
(5) If the request is approved, the Department shall provide the vendor with an amended license, with an endorsement on the front or back of the license that the licensee is authorized to use helpers. The endorsement shall specify the period during which the licensee is authorized to use helpers.
(6) The licensee shall surrender his or her current license to the Department upon receipt of the amended license.
(c) Use of Helpers.
(1) The licensee must be physically present at the vending display at all times that his or her general vending business is being operated. Helpers may not engage in the operation of the general vending business unless the licensee is physically present. In the event that the licensee is temporarily absent from the vending display and the helper remains at the vending display, the vending display must be covered so as to alert potential purchasers that the display is closed for business. The presence of a helper at an uncovered vending display, without a licensee present, shall constitute unlicensed vending activity.
(2) The licensee may use the services of only one helper at any given time. Use of more than one helper at a time shall constitute unlicensed vending activity.
(3) The licensee shall maintain a chronological log of his or her use of helpers, on a form prescribed by the Department, which shall indicate the date and time of all helper use, and the name, address and phone number of each helper used. The log shall be available for inspection at all times during which the licensee's general vending business is operating, and may be inspected by an inspector of the Department or by a police officer.
(4) The licensee will be responsible for ensuring that helpers comply with all applicable laws, rules and regulations at all times that the helpers are assisting with the general vending business, and the licensee shall be deemed liable for any breach caused by any act or omission of a helper.
(5) The licensee will be responsible for ensuring that helpers are in possession of photo identification at all times such helper is assisting with the general vending business.
(6) The Department may revoke authorization to use helpers, or revoke authorization for a particular helper, in the event that either the licensee or any of his or her helpers has failed to comply with applicable laws, rules or regulations, or if the Department determines that the licensee is not, or does not continue to be, a general vendor with a disability.
(7) The Department will provide the licensee with notice and a reasonable opportunity to cure non-compliance with applicable laws, rules or regulations prior to revoking authorization to use helpers or a particular helper.
(8) The Department will not revoke authorization to use helpers without giving the licensee notice and an opportunity to appear and rebut any claim that the licensee (i) has violated applicable laws, rules or regulations, and has failed to cure any violation, or (ii) is not, or does not continue to be, a general vendor with a disability.
(d) Termination of Authorization for the Use of Helpers.
(1) For disabilities deemed permanent by a licensed health care professional pursuant to subdivision (b)(2)(iii) of this section, authorizations to use helpers will terminate on the license expiration date of the then active license. Upon renewal of the license, the renewal license will carry the helper endorsement or other indication of authorization, which will terminate on the license expiration date of the renewal license.
(2) For disabilities deemed temporary by a licensed health care professional pursuant to subdivision (b)(2)(iii) of this section, authorizations to use helpers will terminate at the end of the endorsement period indicated on the license or on the license expiration date, whichever is sooner. If a temporary authorization is needed beyond the license expiration date, the renewal license will carry the temporary helper endorsement, which will terminate at the end of the endorsement period or on the expiration date of the renewal license, whichever is sooner.
(Added City Record 5/26/2016, eff. 6/25/2016)