Chapter 3 – Personnel, Training, and Employee Relations

33040.6 Employee Association Operated Canteens and Concessions

• Canteens or concessions may be established at State facilities pursuant to GCGovernment Code 11013, W&I 4314, and PCPenal Code 5005 and 5006. This Article shall not apply to canteens or concessions exempt from DGSDepartment of General Services approval nor to vending stands for the blind established by the Division of Rehabilitation of the Blind, Department of Rehabilitation.

• Canteens or concessions which require the approval of the DGSDepartment of General Services shall, in addition, comply with the statutory provisions under which they are established. Whether operated by a private contractor, an employee nonprofit corporation, or by the institution, the following conditions shall be met:

  • The State shall be reimbursed for the actual cost of equipment, space, utilities, maintenance, and administrative services furnished by the institution. Reasonable estimates may be used where it is not possible or feasible to determine such costs accurately.

  • The institution shall have the power to determine the operation of, and regulate the prices and merchandise sold at, the canteen and concessions.

  • All books and records of the canteens or concessions shall be subject to audit by the State at any time.

  • Each canteen or concession shall furnish the institution with a list of items for sale and prices to be charged. All items and prices are subject to the approval of the Warden.

  • The canteens or concessions shall comply with all applicable statutes, health laws, rules and regulations of the Department.

  • The State, its officers, and employees shall be released from liability for personal injury to the canteen or concession lessee, lessee’s employees and guests, arising out of the lessee’s occupation of the demised premises.

  • The location of the canteen or concession may be changed at the Warden’s discretion.

  • The prices charged by the canteen or concession shall not exceed those charged by similar businesses in the vicinity of the institution except where the volume of business makes this impractical.

  • No repairs or alterations of the premises shall be made without written consent from the institution.

  • The State (institution) or the lessee may terminate the agreement upon 90 days written notification. Willful violation of rules, regulations, or terms of the agreement by the lessee, shall be grounds for immediate cancellation of the agreement and removal of the lessee.

  • The State shall not be liable for any debts or claims that arise from the operation of the canteen or concession.