Agreements Restricting Freedom to Buy and Sell—Prohibited

PURPOSE: This rule establishes guidelines for compliance with Article III, section 39(a)(5) of the Missouri Constitution and section 313.025, RSMo. (1) No licensee, supplier, or hall provider shall enter into any agreement, expressed or implied, with any other person or entity which requires any person or entity to purchase exclusively from, or sell exclusively to, any other person or entity, or which prohibits any person or entity from purchasing from or selling to any other person or entity, any devices, materials, products, equipment, or services which are reused or offered in any way in connection with bingo. (2) No person or entity shall enter into any agreement, expressed or implied, wherein any person or entity is prohibited from, or required to, make a purchase or sale only within a particular geographic area or as a condition precedent or prerequisite to obtaining by sale or lease any equipment, supplies, or a particular premises for the conduct of bingo. Nothing in this section shall restrict a licensee from exercising proprietary rights gained through patents, copyrights, trademarks, or other similar rights bestowed by state or federal governments or by courts. (3) No supplier shall enter into an agreement or understanding whereby a lessor or potential lessor of premises will rent solely to licensees who use the supplies or equipment of that supplier or whereby the lessor will discourage its lessees from obtaining its supplies or equipment from other suppliers. (4) No manufacturer or supplier shall make or have an agreement or understanding with any licensee that either of them shall be restricted in the operation and carrying on of business to a specific geographic area, or areas, and such a restriction shall not be a condition of any other licensee. AUTHORITY: sections 313.004 and 313.065, RSMo 2016.* Emergency rule filed Aug. 30, 1996, effective Sept. 13, 1996, expired March 9, 1997. Original rule filed Aug. 30, 1996, effective March 30, 1997. Amended: Filed Sept. 2, 1997, effective March 30, 1998. Amended: Filed Nov. 10, 1998, effective June 30, 1999. Amended: Filed April 26, 2018, effective Dec. 30, 2018. *Original authority: 313.004, RSMo 1993, amended 1994, 2014 and 313.065, RSMo 1981, amended 1993, 1995.