Publisher Responsibilities and Requirements

PURPOSE: This rule provides the publisher’s responsibilities and requirements for the distribution of publications in publication vending machines in interstate highway rest areas. (1) Publication Vending Machines. Only bins and machines owned and provided by the commission may be installed at a rest area. (2) Duration of Rental Agreement. Each agreement between a licensee and a publisher or the publisher’s agent authorizing the rental of one (1) or more bins may be for no less than (1) year in duration. Occupants of any rental space will be evicted from the rental space thirty (30) days after the expiration of the rental agreement unless renewed by agreement prior to the end of the thirty (30) days. To renew the lease of machine space, all license fees are required to be paid in full to the licensee. Failure to pay the license fee in full results in cancellation of the license and assignment of the machine space to the next party on the licensee’s waiting list. (3) Termination of Sub-licensing Agreement. Both the licensee and the publisher or its agent may terminate their sub-licensing agreement, provided no less than thirty (30)- days written notice is given. Upon termination of the sub-licensing agreement, the licensee shall refund the pro-rata share of the annual license fee for any remaining unused months of the term of the agreement. (4) Publisher Responsible for Damages to Bins and Machines. The commission is responsible for the total cost to purchase, install, and improve a bin or machine. The publisher shall: (A) Be responsible for any damage caused by it or its agents to the commission bin(s) or machine(s) and the contents thereof; and (B) Reimburse the commission any costs incurred by the commission in repairing the damage, including the cost of replacement of the bin(s) or machine(s), as determined in the commission’s sole discretion. (5) Restocking of Publications. Stocking the bins at all rest areas with the current edition of a publication at least as often as the publication is published, weekend or special editions excluded, is the responsibility of each licensee, or a publisher or its agent. The licensee, or a publisher or its agent, is also responsible for removal of any outdated issues of such publication from within each bin and all debris from the rest area grounds. (6) No Advertisements on Machines. No advertisements are to be displayed on commission bins and machines. (7) Notice Requirements. It is the responsibility of the licensee, and if applicable to a publisher, based on information supplied by the publisher or its agent, to display the following notice, “For Information Regarding Any Problems With Your Use of This Machine Call ____-____-_____, or write ______________________________.” in a prominent place on each bin with the appropriate telephone number (with area code) and the mailing address of a contact person or agent for the licensee, or a publisher or its agent. 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.