Commercial Use

PURPOSE: This rule establishes requirements and conditions for allowing commercial use on department areas. (1) Certain commercial uses are permitted on department areas and require a commercial use permit or a special use permit, except as otherwise provided in this chapter. Commercial use is defined as any activity that directly or indirectly results in financial benefit or gain, or where money is exchanged in connection with the activity. (2) Permits for commercial use of department areas may be obtained only upon satisfaction of all requirements imposed by this Code, including payment of fees when required. Permits for commercial use of department areas are non-transferable and no permit may be loaned, falsified, altered, or misrepresented in any manner. (3) Annual commercial use permits are valid from July 1 through June 30 of the prescribed permit year. All other permits for commercial use of department areas are valid only for the dates listed on the permit. The acceptance of a permit authorizing commercial use of department areas shall constitute an acknowledgment of the duty to comply with the provisions of this Code. Failure to comply with the conditions of any permit authorizing commercial use of department areas shall be sufficient cause for the department to revoke the current permit and deny applications for future permits. The commission may suspend, revoke, or deny a permit or privilege for cause, but not until an opportunity has been afforded for a hearing before the commission or its authorized representative. The hearings under this section shall be a contested case pursuant to Chapter 536, RSMo, and any person aggrieved by a final decision shall be entitled to judicial review as provided in Chapter 536, RSMo. AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Sept. 4, 2020, effective July 1, 2021. Amended: Filed Dec. 21, 2022, effective July 1, 2023. *Original authority: 252.040, RSMo 1945, amended 1989.