Licensee Responsibilities and Requirements

PURPOSE: This rule provides the licensee’s responsibilities and requirements for the placement of publication vending machines on interstate highway rest areas for distribution of publications to the public. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Commission Licensee. The commission may grant an exclusive license to a licensee to regulate and administer all machines at all Missouri rest areas. Regulation will be in accordance with: 1) a contract between the commission and the licensee; and 2) 7 CSR 10-16.020 through 7 CSR 10-16.050. The licensee may either operate the machines itself or execute sub-licensing agreements with the publisher or the publisher’s agent with such sub-licensing agreement effective upon execution by both parties. However, that license between the commission and the licensee terminates effective with the date the Rehabilitation Services for the Blind assumes regulation and jurisdiction of machines in rest areas, and upon the effective date of that occurrence all sub-licensing agreements between the licensee and a publisher or its Transportation Commission agent terminate. (2) Bin Rental. The licensee may lease bins to such publishers or such publishers’ agents only on a first-come, first-served basis. The licensee may maintain a waiting list for interested publishers if a bin is not available. (3) License Fees Authorized. Payment of a license fee to the licensee is a legal condition precedent before a publication may be vended in a rest area bin. The twelve dollars ($12) per year license fee is due from each publisher or its agent for each bin to cover the administrative and maintenance costs the licensee, or its affiliated organization or agent, sustains due to the operation of the machine and the debris the machine will generate. (4) Publication Display Requirements. The visible contents of the publication as displayed in the machine shall not be offensive to members of the general public. The licensee, through its authorized representatives, retains final approval of the manner in which a publication is ultimately displayed for distribution in a machine in a rest area. (5) Licensee Liability. The licensee shall be liable for damages sustained to the commission’s bins, machines, and the contents thereof that is caused by the licensee or its agent(s). (6) The commission incorporates by reference in this rule the provisions of Title 23, Code of Federal Regulations (CFR) Part 752 as published by the United States Government Printing Office, 732 North Capitol Street NW, Washington DC 20401 on April 1, 2009. This rule does not incorporate any subsequent amendments or additions to 23 CFR Part 752. AUTHORITY: section 29 of Art. IV, Mo. Const., sections 226.020, 226.150, 226.750– 226.790, and 227.030, RSMo 2016,* Title 23, United States Code section 111(b), and Title 23, Code of Federal Regulations part 752. Original rule filed July 2, 2010, effective Feb. 28, 2011. Amended: Filed Feb. 9, 2018, effective Sept. 30, 2018. *Original authority: 226.020, RSMo 1939; 226.150, RSMo 1939, amended 1977; 226.750–226.790, RSMo 1965; and 227.030, RSMo 1939.