Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 16 - Rest Areas › Section 7 CSR 10-16.045 - Licensee Responsibilities and Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the
				  responsibilities of the licensee, expands on the purpose of the license fees,
				  and deletes unnecessary restrictive wording.
PURPOSE: This rule provides the licensee's
				  responsibilities and requirements for the placement of publication vending
				  machines on interstate highway rest areas for distribution of publications to
				  the public.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Commission Licensee. The commission may
				grant an exclusive license to a licensee to regulate and administer all
				machines at all Missouri rest areas. Regulation will be in accordance with 1) a
				contract between the commission and the licensee; and 2)
				7 CSR 10-16.020
				through
				7 CSR
				10-16.050. The licensee may either operate the
				machines itself or execute sub-licensing agreements with the publisher or the
				publisher's agent with such sub-licensing agreement effective upon execution by
				both parties. However, that license between the commission and the licensee
				terminates effective with the date the Rehabilitation Services for the Blind
				assumes regulation and jurisdiction of machines in rest areas, and upon the
				effective date of that occurrence all sub-licensing agreements between the
				licensee and a publisher or its agent terminate.
(2) Bin Rental. The licensee may lease bins
				to such publishers or such publishers' agents only on a first-come,
				first-served basis. The licensee may maintain a waiting list for interested
				publishers if a bin is not available.
(3) License Fees Authorized. Payment of a
				license fee to the licensee is a legal condition precedent before a publication
				may be vended in a rest area bin. The twelve dollars ($12) per year license fee
				is due from each publisher or its agent for each bin to cover the
				administrative and maintenance costs the licensee, or its affiliated
				organization or agent, sustains due to the operation of the machine and the
				debris the machine will generate.
(4) Publication Display Requirements. The
				visible contents of the publication as displayed in the machine shall not be
				offensive to members of the general public. The licensee, through its
				authorized representatives, retains final approval of the manner in which a
				publication is ultimately displayed for distribution in a machine in a rest
				area.
(5) Licensee Liability. The
				licensee shall be liable for damages sustained to the commission's bins,
				machines, and the contents thereof that is caused by the licensee or its
				agent(s).
(6) The commission
				incorporates by reference in this rule the provisions of Title 23,
Code
				of Federal Regulations
(CFR) Part 752 as published by the United
				States Government Printing Office, 732 North Capitol Street N W, Washington DC
				20401 on April 1, 2009. This rule does not incorporate any subsequent
				amendments or additions to 23 CFR Part 752.
*Original authority: 226.020, RSMo 1939; 226.150, RSMo
					 1939, amended 1977; 226.750-226.790, RSMo 1965; and 227.030, RSMo
					 1939.