Effective 28 Aug 2019

253.080. Director of natural resources may construct and operate facilities and collect fees for usage — concession contracts — limitations — bond — recordkeeping — advertising merchandise, permission required — private providers permitted, when. — 1. The director of the department of natural resources may construct, establish and operate suitable public services, privileges, conveniences and facilities on any land, site or object under the department's jurisdiction and control, and may charge and collect reasonable fees for the use of the same. The director may charge reasonable fees for supplying services on state park areas. Any facilities so constructed under this provision shall only be done by appropriated funds unless the director has entered into an agreement with a donor to provide nonstate funds as support funding for the project.

2. The director may award by contract to any suitable person, persons, corporation or association the right to construct, establish and operate public services, privileges, conveniences and facilities on any land, site or object under the department's control for a period not to exceed twenty-five years with a renewal option, and may supervise and regulate any and all charges and fees of operations by private enterprise for supplying services and operating facilities on state park areas.

3. All contracts awarded under this section shall be entered into upon the basis of competitive sealed bids. A sworn financial statement shall accompany each bid, and all contracts shall be let by the director after public notice of the time of the letting. All bids submitted prior to the bid closing shall be considered. For concession contracts with expected annual gross receipts of twenty-five thousand dollars or more, advertisements for bids in daily or weekly newspapers shall be made by the director. The director shall accept the bid most favorable to the state from a responsible and reputable person but may, for good cause, reject any bid. The director shall give preference to all firms, corporations, or individuals doing business as Missouri firms, corporations, or individuals, whenever competing bids, in their entirety, are comparable.

4. The director shall not enter into a contract or a renewal for a contract as provided in subsection 2 of this section for a period in excess of ten years unless the director determines that the extended contract period is necessary to allow the contractor to make substantial capital or other improvements to the site subject to the contract and such improvements are of sufficient value to the state to necessitate the longer contract term.

5. A good and sufficient bond conditioned upon the faithful performance of the contract and compliance with this law shall be required of all contractors, except that if the contractor states he or she is unable to provide a bond, the contractor shall place a cash reserve in an escrow account in an amount proportional to the volume of the contractor's business on the lands controlled by the department of natural resources.

6. Any person who contracts under this section with the state shall keep true and accurate records of his or her receipts and disbursements arising out of the performance of the contract and shall permit the department of natural resources to audit them. The department of natural resources shall audit the receipts and disbursement of each concession contract once every two years and upon the expiration of the concession contract. For the purpose of subsection 5 of this section and this subsection, no contract shall be deemed to extend to operations or management in more than one state park unless the director has determined such extension to be in the best interest of the state based on an assessment of the needs of the state park system or the financial and operational history of the facility.

7. No person shall be permitted to offer or advertise merchandise or other goods for sale or rental, or to maintain any concession, or use any park facilities, buildings, trails, roads or other state park property for commercial use except by written permission or concession contract with the department of natural resources; except that, the provisions of this subsection shall not apply to the normal and customary use of public roads by commercial and noncommercial organizations for the purpose of transporting persons or vehicles, including, but not limited to, canoes.

8. The director, upon request, may authorize a private person, corporation, or other entity to provide services to visitors to any lands, sites, or objects under the department's control for a term not to exceed two years, through a commercial use permit, without soliciting competitive sealed bids. A commercial use permit shall not be considered to be a concession contract under this section, and no other subsection of this section shall be applicable to a commercial use permit except where expressly stated. Any commercial use permit shall be subject to terms and conditions established by the director and shall be limited to commercial operations with annual gross receipts of not more than one hundred thousand dollars resulting from services originating and provided solely within a state park or historic site pursuant to the commercial use permit, and which involve only incidental use of state park or historic site facility space or resources.

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(L. 1953 p. 317 § 5, A.L. 1957 p. 304, A.L. 1961 p. 235, A.L. 1967 p. 362, A.L. 1977 H.B. 190, A.L. 1987 H.B. 559, A.L. 1989 H.B. 613, A.L. 2002 S.B. 1015, A.L. 2014 S.B. 491, A.L. 2019 S.B. 196)

(1951) Where defendants operated sightseeing boats over state park property and on Current River in violation of regulations (adopted under law prior to 1953), prohibiting soliciting of business or maintenance of concession except by written consent of board, injunction should be issued. State ex rel. Taylor v. Anderson, 362 Mo. 513, 242 S.W.2d 66.