70:11:01:01.  Definitions. The following terms used in this chapter, chapter 70:11:02, and chapter 70:11:03 mean:

          (1)  "Department," the South Dakota Department of Transportation;

          (2)  "Device" or "vending device," a commercially manufactured newspaper vending machine vending newspapers only;

          (3)  "Permit," a newspaper vending device permit issued by the department in accordance with the provisions of this article.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.

          70:11:01:02.  Newspaper vending devices authorized. The department may issue a permit to allow a vending device vending newspapers only, at an interstate rest area or information center in a location designated by the department. No newspaper vending device is allowed at an interstate rest area or information center unless a permit has been issued pursuant to this chapter.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.

          70:11:01:03.  Number of devices allowed. The maximum number of newspaper vending devices permitted at each interstate rest area or information center is six.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.

          70:11:01:04.  Application. An application for a newspaper vending device permit is required for each vending device at each interstate rest area or information center. Each application shall be submitted to the department region engineer for review and consideration.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.

          70:11:01:05.  Contents of application. Each application for a permit shall include the following information.

          (1)  The name and mailing address of the owner of the device, and the location of the interstate rest area or information center for which the permit is requested;

          (2)  The name, address, and daytime telephone number of the person responsible on a daily basis for the operation and maintenance of the device;

          (3)  The name of the publication being vended; and

          (4)  Whether the publication is daily, weekly, monthly or other publishing cycle.

          No application may be considered for approval until the application meets the requirements of this section.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.

          70:11:01:06.  Approval of application. The completed application shall be reviewed by the region engineer and, if all requirements are met, the region engineer shall issue a permit to the applicant within 30 days after submission.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.

          70:11:01:07.  Issuance of permit. Permits will be issued on a first-come, first-served basis. A permit is valid for as long as all the conditions of this article are being complied with, or until the device is removed by the owner or by the department. However a permit terminates if the newspaper vending device is not installed within 60 days after the permit is issued. No permit may be granted for more than the maximum number of newspaper vending devices allowed at an interstate rest area or information center. Only one publication is permitted per device. No permit may be transferred.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.

          70:11:01:08.  Indemnification. The owner of the newspaper vending device, upon placement of that device at an interstate rest area or information center assumes the unconditional obligation and thereby agrees to defend, indemnify, and save harmless the state of South Dakota and the South Dakota department, its officers, agents, and employees from all suits, claims, or actions of any kind or character arising out of the placement, use, or maintenance of the vending device. This indemnification provision shall be included in any permit issued in accordance with this chapter.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.