A.__If a suitable location is available for a vending facility that requires the construction of a portable building, the commission may construct such a building and may have the use of the land on which to construct the building.

B.__This section does not apply to or authorize the installation of vending facilities in a building wholly used by a correctional or mental institution or by an educational institution of any type supported in whole or in part from public funds, unless that educational institution is a university, college, junior college or a technical college.

C.__If a vending facility not under the control of the commission exists in a building or on property of the State, a county or a municipality, the person having jurisdiction over that building or property shall give preference to the commission to continue operation of the vending facility when an existing lease or contract expires or is terminated.

4.__Fees prohibited generally.__Except as provided in paragraph A, a rental fee may not be required or received for the granting of authority to the commission to operate a vending facility.

A.__A rental fee or other fee may be charged to the operator only if the vending facility is located on commercial municipal property, including a public airport, where the following conditions are met:

(1)__The vending facility generates revenue primarily from the general public at large rather than from public employees;

(2)__The vending facility occupies space for which there are other competing retail commercial uses and other retail users are, in fact, renting nearby public space on the property; and

(3)__The public owner depends on generating revenue from the space occupied by the vending facility.

Any rent or other fee charged to the operator must be less than what would otherwise be charged to a competing commercial tenant and must be pursuant to a written agreement.__The terms of the agreement must adequately