PURPOSE: This rule provides publication vending machine specifications.

Editor’s Note: The following material is incorporated into this rule by reference: 1) United States Code, Title 23, section 111(b) (Washington: U.S. Government Printing Office, 1990); and 2) Code of Federal Regulations, Title 23 part 752 (Washington: U.S. Government Printing Office, April 1, 1995). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

1. (1) Publication vending machines shall be of a standard size commonly used to vend newspapers or other publications. Publication vending machines shall not require an external power source for operation. Each machine shall be totally enclosed to protect its contents from rain or inclement weather. No vending machine shall dispense more than one (1) single publication. Final approval of the location, design and specifications of each vending machine shall be granted by the commission through its installation permit process.
2. (2) The publication vending machine may be located outside the immediate vending area, provided its location is consistent with the purpose of providing convenient access to travelers and shall not limit handicapped pedestrian accessibility to rest area facilities. A publication vending machine shall not be placed or installed inside a rest area building.
3. (3) Anchorage for machines is required and is the responsibility of the publisher or designated agent. Machines shall not be allowed to be anchored to rest area buildings, light posts, sign posts, bulletin boards, trash containers, trees, other vending facilities, picnic table covers, fences nor any other appurtenance of the rest area. Each vending machine shall be placed upon or adjacent to a paved surface so it is reasonably accessible to persons with disabilities.
4. (4) No publication vending machine shall be installed at a rest area or on other commission property without first receiving an installation permit from an authorized representative of the highway department district engineer over the district in which the vending machine shall be located, and without the execution of any sub-licensing agreement with the licensee which is required by 7 CSR 10-16.010 through 7 CSR 10-16.040. If any publication vending machine is installed or operated at a rest area in violation of these rules, the machine shall be removed from the rest area and stored by the commission, and all removal and storage costs incurred shall be borne by the publisher or its agent before that machine may be obtained by the publisher or its agent.
5. (5) Publication vending machines shall have no advertisement displayed on the machine itself, other than the name of the publication contained within the machine.
6. (6) On a prominent place on each publication vending machine, the publisher or its agent shall display this notice or a notice with similar wording, “For Information Regarding Any Problems With Your Use of This Machine Call ____-____-_____, or write ____________________________________ ________.” The notice shall provide the appropriate telephone number (with area code) and the mailing address of a contact person or agent, for refund requests or other vending problems.
7. (7) Each publisher and its agents shall be liable for their publication vending machines and the contents thereof, and shall carry sufficient liability insurance to protect the state of Missouri, the commission, the licensee and their officials, agents and employees from any liability resulting from the placement or operation of their vending machines in Missouri rest areas.
8. (8) No publication of any type shall be sold, distributed, given away, issued or distributed at a Missouri rest area except in a publication vending machine properly permitted, and installed, maintained and operated in compliance with the commission’s rules 7 CSR 10- 16.010 through 7 CSR 10-16.040, and any required sub-licensing agreement; except a publication issued, vended or distributed by the state of Missouri or an agency thereof may be displayed, vended or distributed at a rest area pursuant to agreement between the state agency and the commission. Publication vending machines in Missouri rest areas shall be installed, operated and maintained in accordance with applicable federal law, including but not limited to, Title 23 United States Code section 111(b) and Title 23 part
9. 752. Pursuant to federal law, the commission shall ultimately control the operation of all publication vending machines through its Transportation Commission

rules at 7 CSR 10-16.010 through 7 CSR 10- 16.040, and under its licensing agreement with the licensee.

1. (9) If the state agency for the blind elects to assume the authority granted by law to govern and regulate vending of publications at rest areas, the licensee shall be notified immediately of that fact by commission representatives, and the licensee shall promptly terminate its sub-licenses with each publisher or its agent in accordance with the written instructions received by the licensee from the commission and/or the state agency for the blind. If the licensee decides to terminate its status as the commission’s licensee under 7 CSR 10-16.010 through 7 CSR 10-16.040, and no successor licensee is found to replace that entity before the date it terminates its status, the licensee shall terminate each of its existing sub-licenses with publishers or their agents to operate publication vending machines at state rest areas. Until a successor licensee is found and new sub-licensing agreements have been executed, each publisher and its agent must not stock, supply, operate or install any publication vending machines in a Missouri rest area, because the commission is prohibited by state law from operating any commercial facility in a rest area itself.

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 27, 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. (5/31/01)* MATT BLUNT