PURPOSE: This rule provides guidelines to interested persons regarding the placement of publication vending machines on highway rest areas and other Missouri Highways and Transportation Commission property for vending sale or distribution of publications to the public.

1. (1) Regulations 7 CSR 10-16.010 through 7 CSR 10-16.040 shall apply unless the state of Missouri through its appropriate designated agency decides to exercise its jurisdictional right to regulate and administer the vending of publications as provided in section 8.705, RSMo. Currently the Missouri Highways and Transportation Commission has the apparent authority to govern and regulate publication vending operations on rest areas and other Missouri Highways and Transportation Commission property, because the state agency for the blind designated in section 8.705, RSMo, has declined to exercise jurisdiction and control over the vending of publications in rest areas and other Missouri Highways and Transportation Commission property. However, the Missouri Highways and Transportation Commission may not operate any commercial vending machines or other commercial facilities itself in rest or recreation areas, as provided in section 226.790, RSMo.
2. (2) The Missouri Highways and Transportation Commission has granted to a licensee, an exclusive license to authorize publishing companies to use certain space at rest areas, to place vending machines for the vending of publications to the public. This licensee or a successor licensee shall operate all publication vending machines at all Missouri interstate highway rest and recreation areas, directly or by sub-licensing agreements with the publications to be vended or the agents of those publications. The licensee shall operate publication vending in highway rest and recreation areas in accordance with 7 CSR 10-16.010 through 7 CSR 10-16.040, and with the contract between the Missouri Highways and Transportation Commission and the licensee. However, that license shall be terminated effective with the date that the designated state agency in section 8.705, RSMo, assumes jurisdiction and control of publication vending in rest areas, and all sublicensing agreements granted to a publication or agent of a publication shall be terminated effective that date also.
3. (3) The licensee may enter into a nonexclusive licensing agreement with one (1) or more publication publishing companies, to locate, operate and maintain their publication vending machines at one (1) or more of the highway rest areas, in full compliance with 7 CSR 10-16.010 through 7 CSR 10-16.040.
4. (4) How to Obtain Information. Information regarding vending of publications in vending machines on interstate highway rest and recreation area property may be obtained in person, or by writing or phoning the Division Engineer, Maintenance and Traffic Division, Missouri Highways and Transportation Department, P.O. Box 270, Capitol Avenue and Jefferson Street, Jefferson City, MO 65102-0270. The phone number of the division engineer is (573) 751-2785.

AUTHORITY: section 29 of Art. IV, Mo. Const., sections 226.020, 226.150, 226.750– 226.790 and 227.030, RSMo Supp. 1995,* Title 23, United States Code section 111(b) and Title 23, Code of Federal Regulations part 752. Emergency rule filed Jan. 19, 1996, effective Feb. 1, 1996, expired July 29, 1996. Original rule filed Jan. 16, 1996, effective July 30, 1996. *Original authority: 226.020, RSMo 1939; 226.150, RSMo 1939, amended 1977; 226.750–226.790, RSMo 1965; and 227.030, RSMo 1939.