PURPOSE: This rule provides guidelines to interesred persons regarding the plocemenr of publicarion vending machines on highwy rest nreas and other Missouri Highws and Trmsporrotior~ Commission property for vending sale or dktribudon 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 10 govern and regulate publication vending operations on resr areas and orher 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 faciliries 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 10 use certain space ar rest areas, to place vending machines for the vending of publications to the public. This licensee or a successor licensee shall operare 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 rat 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 stare agency in section 8.705, RSMo,

   Rebecca McDowell Cook (6130196)

assumes jurisdiction and control of publication vending in rest areas, and all sub-licensing agreements granted 10 a publication or agent of a publication shall be terminated effective that date also.

1. (3) The licensee may enter into a nonexchsix licensing agreement with one (1) or more publication publishing companies, to locate, operate and mainrain their publicarion vending machines at one (I) or more of the highway rest areas, in full compliance with 7 CSR 10-16.010 through 7 CSR 10-16.040.
2. (4) How to Obtain Information. Information regarding vending of publications in vending machines on interstate highway rest and recreation area properry 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 secrion 29 of Art. IV MO. Const., sections 226.020, 226.150, 226.750-226.790 and 227.030, RSMo (Supp. 1995), * 7itle 23, United States Code section 111 (b) and litle 23, Code of Federal Regulations part 752. Emergenq rule jiled Jan. 19, 1996, effective Feb. I, 1996, expired July 29, 1996. Original rule filed Jan. 16, 1996, effective July 30, 1996.