PURPOSE: This rule provides eligibility criteria for publishers to place their publications in vending machines for sale to the public.

1. (1) The commission shall approve in advance the location and installation of all publication vending machines at rest areas. The approval shall be granted by a permit issued by the Missouri Highways and Transportation Department district engineer having jurisdiction over the proposed vending machine location, or by an authorized representative. This permit shall be at no cost to the licensee or the publisher.

2. (2) The licensee may operate publication vending machines itself in accord with 7 CSR 10-16.010 through 7 CSR 10-16.040, or else a written sub-licensing agreement must be entered into between the licensee and publisher or publisher’s agent, which shall become effective upon execution by both parties.

   1. (A) Each agreement shall authorize the placement of one (1) or more vending machines in Missouri rest areas for a maximum period of one (1) year in compliance with the rules at 7 CSR 10-16.010 through 7 CSR 10-16.040, unless the agreement is terminated earlier by either party.
   2. (B) A sub-licensing agreement between the licensee and a publisher or publisher’s agent may not be assigned, transferred or delegated by either party to any other party.
   3. (C) A sub-licensing agreement may be terminated at any time by either party upon at least thirty (30) days advance notice to the other; provided that any termination by the licensee of a sub-license shall only be for a breach of the sub-licensing agreement or the commission’s rules in 7 CSR 10-16.010 through 7 CSR 10-16.040, or because the licensee is terminating its status as the commission’s licensee.
   4. (D) Barring termination or amendment by the licensee for a renewal period, a sublicensing agreement shall renew automatically for an additional one (1)-year period, under the terms of rules 7 CSR 10-16.010 through 7 CSR 10-16.040 as they exist on the date of renewal.
   5. (E) The commission reserves the right to remove any publication vending machine from a rest area at publisher’s cost, if the machine is installed or maintained in violation of 7 CSR 10-16.010 through 7 CSR 10- 16.040, or in violation of the applicable sublicensing agreement.
3. (3) The total cost to purchase and install a publication vending machine, and of any improvements required by the commission, shall be borne by the publisher or its agent installing the vending machine. The publisher or its agent shall also bear the costs of maintaining the machine in good and operable repair, and of removing the machine when its sub-licensing agreement is terminated without renewal.
4. (4) The licensee is authorized to collect a fee of twelve dollars ($12) per year from each publisher or its agent for each vending machine placed in a Missouri rest area, to cover the administrative and maintenance costs the licensee, or its affiliated organization or agent, shall sustain due to the installation and operation of the vending machine, and the debris the machine will generate. Payment of this annual sub-licensing fee to the licensee is a legal condition precedent, Transportation Commission

before a publication vending machine may be installed or operated in a Missouri rest area.

1. (5) The visible contents of the publication as displayed in the vending machine shall not be offensive to members of the general public. The commission, through its authorized representatives, retains final approval of the manner in which a publication is ultimately displayed for sale or distribution in a vending machine in a rest area.
2. (6) Each publisher or its agent will restock its publication vending machines 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. At the same time, the publisher or its agent shall also remove any outdated issue from within each vending machine, and remove the debris of that publication which is not properly placed in rest area trash containers from the rest area grounds.

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. Transportation Commission