Missouri Code of State Regulations
Title 1 - OFFICE OF ADMINISTRATION
Division 35 - Division of Facilities Management
Chapter 1 - Facility Maintenance and Operation
Section 1 CSR 35-1.050 - Public Use of State Facilities
Universal Citation: 1 MO Code of State Regs 35-1.050
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The purpose of this amendment is to better reflect current practices, eliminate outdated information, and increase the readability of the regulation. Section (4) is being added to address the use of Carnahan Memorial Garden, and section (8) is being added to address the operation of unmanned aircrafts on state property. The information on parking lots is being moved to a separate section (section (6)) and has been revised to reflect current practices and clarify the meaning. Section (7) regarding weapons on state property (formerly section (5)) is being amended to address changes in state law and to allow authorized individuals picking up deposits from state agencies to carry weapons based on comments received. A limit on smoking was added to section (2) regarding public buildings and grounds other than the Capitol, to be consistent with current OA statewide policy SP-11.
(1) Facilities Subject to this Rule; Definitions.
(A) This rule
governs public use of the Capitol Building and grounds and other public
buildings and grounds, as defined herein.
(B) As used in this rule, the term "Capitol
Building " means all interior and exterior areas of the Missouri State Capitol
Building, with the exception of the house and senate chambers, the house and
senate committee rooms, the offices of members of the house and senate, the
house and senate lounges, and the offices of the Governor, Lieutenant Governor,
State Treasurer, Secretary of State, and State Auditor. The term "Capitol
grounds," means all lands adjacent to the Capitol, as shown on Appendix A
included herein, with the exception of Parking Garage No. 2.
(C) As used in this rule, "common areas"
include the meeting rooms, conference rooms, sidewalks, lawns, plazas,
entrances, hallways, stairways, restrooms, and other public facilities inside
public buildings.
(D) As used in
this rule, the term "other public buildings and grounds" means all property
that is owned, leased, or occupied by an agency of the State of Missouri, with
the exception of the Capitol Building and grounds, the Governor's Mansion and
its grounds, and property that is owned, leased, or occupied by the
Conservation Commission, the Highways and Transportation Commission, colleges
or universities, or the Department of Natural Resources for use as a state park
or historic site.
In the case of multi-tenant buildings, the term "other public buildings and grounds" includes only the offices and common areas occupied exclusively by agencies of the State of Missouri.
(E) As used in this rule, the term "
director" means the director of the Division of Facilities Management, Design
and Construction or his/her designee.
(F) As used in this rule, the term "grounds"
means the land lying between a public building and the property line of the
land on which the building is situated.
(G) As used in this rule, the term
"quasi-public governmental body" means any person, corporation, or partnership
organized or authorized to do business in Missouri under the provisions of
Chapters 352, 353, or 355, RSMo, or an unincorporated association which either:
1. Has as its primary purpose to enter into
contracts with public governmental bodies, or to engage primarily in activities
carried out pursuant to an agreement or agreements with public governmental
bodies; or
2. Performs a public
function, as evidenced by a statutorily based capacity to confer or otherwise
advance, through approval, recommendation, or other means, the allocation or
issuance of tax credits, tax abatement, public debt, tax-exempt debt, rights of
eminent domain, or the contracting of leaseback agreements on structures whose
annualized payments commit public tax revenues; or any association that
directly accepts the appropriation of money from a public governmental
body.
(H) As used in
this rule, "unmanned aircraft" means a device that is used or intended to be
used for flight in the air without the possibility of direct human intervention
from within or on the device. This term includes all types of devices that meet
this definition (e.g., model airplanes, quadcopters, drones) that are used for
any purpose, including for recreation or commerce.
(2) Public Use of Other Public Buildings and Grounds Occupied by State Agencies (Non-Capitol).
(A) General Rule.
1. The use of other public buildings and
grounds that are occupied by agencies of the State of Missouri is restricted to
the conduct of state business and to other activities whose principal purpose
is to improve the efficiency of a state agency in achieving its objectives or
to promote the health, safety, welfare, morale, education, or training of state
employees.
2. Such activities may
include, but are not limited to, the usual business of state government, agency
staff meetings, governmental task force meetings, safety meetings, employee
education classes, seminars and training sessions sponsored by state
institutions for the benefit of the public, employee recognition ceremonies,
luncheons for state employees, state employees charitable campaign meetings,
employee wellness programs, and the like.
(B) Prohibited Activities. The following
activities and conditions are not permitted in any of the other public
buildings and grounds that are occupied by a state agency:
1. Purely private social events, such as
weddings, regardless of the type or content;
2. Commercial activities, including
soliciting the sale of any goods or services and any other activities
undertaken for the primary purpose of obtaining a financial return for the
benefit of an individual or organization, whether organized for profit or not,
except that this paragraph shall not prohibit vendors from soliciting state
employees for the purpose of effecting sales of the vendors' products or
services to the state, or to employees through a state-sponsored
program;
3. Solicitation of any
kind, including the solicitation of contributions, gifts or donations, the
solicitation of signatures on petitions, and the solicitation of support for
any political candidate or cause. This rule shall not prevent state agencies
from making solicitations in connection with charitable fundraisers or
events;
4. The distribution of any
leaflets or other materials, except for such materials as are distributed by
the director, and except that certified employee bargaining units may
distribute written materials in the common areas of the buildings where the
members of their unit are employed, if authorized by the director to do
so;
5. Any activity that obstructs
the free ingress or egress of those wishing to enter or leave the public
building;
6. A sound level, noise,
or any other activity that disrupts the business of government in the public
building;
7. Camping, which means
the use of the grounds for living accommodation purposes such as sleeping,
making preparations to sleep (including the placement of bedding ), storing
personal belongings, making any fire, using any tents or other shelters, doing
any digging or earth-breaking, or carrying on cooking activities;
8. The service or consumption of alcoholic
beverages;
9. Guns or weapons of
any kind, except as authorized in section (7) of this rule;
10. Wood, metal, or plastic poles or
standards including those used to support signs or banners;
11. Smoking, vaping, or the use of any
tobacco products, except in those areas that have specifically been designated
as "smoking areas," or in a private vehicle;
12. Any other activity that presents a
significant likelihood of damage to the public building;
13. Any activity that is a violation of
federal, state, or local law.
(C) Conference Rooms and Meeting Rooms.
1. Permission required. Usage of the
conference rooms and meeting rooms in other public buildings shall be
restricted to entities and instrumentalities of the state, federal, and local
governments and to quasi-public governmental bodies, as defined in this rule.
Usage of the conference rooms and meeting rooms in public buildings, other than
those inside the office suite of an agency, require the permission of the
director.
2. Application for
permission. Applications for permission to use conference rooms and meeting
rooms shall include the following information, if requested by the director:
A. The full name, mailing address, and
telephone number of the person or organization sponsoring the proposed activity
and of an individual who agrees to accept responsibility for supervising the
proposed activity;
B. The purpose
of the activity or meeting;
C. A
description of the proposed activity and an estimate of the number of persons
who will participate in the proposed activity;
D. The time and date requested for the
activity;
E. Whether food or
beverage will be consumed or permitted at the activity, and if so, a
description of the food and beverage, and the methods used to serve it and to
ensure cleanliness; and
F. A
description of the equipment and services that will be needed, such as chairs,
podiums, microphones, easels, and audio-visual equipment.
3. Grant of permission. The director will
respond to all requests for permission to use a conference room or meeting room
as promptly as possible. The director will grant permissions, on a first-come,
first-served basis to those persons or organizations who comply with the
requirements of this rule, except that state agencies may be given preference
over other applicants. If permission is denied for any reason, the director
will issue to the applicant a written denial, including an explanation of the
reason for the denial.
4.
Conditions for grants of permission to use conference rooms and meeting rooms.
The grants of permission to use conference rooms and meeting rooms are subject
to the following conditions:
A. The director
may impose such conditions, including a cleaning deposit, concerning the
service of food and drink as are reasonably necessary to ensure the cleanliness
of the facility and good sanitation practices;
B. Services normally provided at the building
for which the permit is issued will be provided to the permittee without
charge. However, the director may impose reasonable charges for the cost of any
food or drink, utilities, supporting physical arrangements, security or other
personnel, or equipment over and above the services normally provided at the
building during the time of the activity. The director may waive such costs for
government entities or if it is not practicable to identify the amount of the
additional costs or if the amount is insignificant. The director may require a
deposit in the amount of the estimated additional costs before issuing a
permit; and
C. Permittees shall
conduct their activity in strict compliance with this rule, the statements
contained in their application for permit, and any restrictions on the activity
that are imposed by the director and are listed on the permit.
5. The director may disapprove any
application and may cancel an issued permit, even after the applicant has begun
using the facility, and may remove the applicant from the facility if the
application is false or incomplete or if the applicant fails to comply with the
conditions specified in the permit or with the provisions of this
rule.
6. The director has the
authority to reserve conference rooms and meeting rooms for official government
business on specified days, preempt an approved use of a conference room or
meeting room to allow for official government business, and set conference
rooms and meeting rooms aside for maintenance, construction, or repair on
specified days.
(D)
Other Common Areas.
1. The use of common areas
other than meeting rooms and conference rooms shall be reserved for the
employees, clients and visitors of the agencies occupying the public building.
Permitted activities in such other common areas include the operation of
cafeterias, vending machines, newsstands, and similar facilities, if authorized
by the director as part of the operation of the public building for the benefit
of employees, clients, and visitors of the public agency. Permitted activities
may also include special events, if authorized by the director.
2. The director has authority to bar or evict
any persons who fail to comply with the requirements of this rule in any
way.
(E) Agency Offices.
The use of any agency office which is located within any public building is
reserved exclusively for the employees, clients, and visitors of the agency and
subject to the control of the agency's office supervisor to the extent not
inconsistent with this regulation.
(3) Public Use of Other Public Buildings and Grounds Not Occupied by State Agencies. The use to be made of other public buildings and grounds or portions thereof that are occupied by individuals or organizations other than the State of Missouri, under a lease or sublease from the State of Missouri or otherwise, will be determined solely by the occupant of the facility, subject to any restrictions imposed by the lease or sublease or by any laws.
(4) Public Use of Carnahan Memorial Garden.
(A) The public use
of Carnahan Memorial Garden shall be subject to the same restrictions as those
for the Capitol Building and grounds as set forth below, except that weddings
and private social events are permitted with approval of the director. Permits
for use of Carnahan Memorial Garden are handled in the same manner as permits
for use of the Capitol Building and grounds.
(5) Public Use of the Capitol Building and Grounds.
(A) The following activities and
conditions are not permitted in or about the Capitol Building and grounds, as
defined in this rule:
1. Purely private
social events, such as weddings, regardless of the type or content;
2. The service or consumption of alcoholic
beverages, except as part of a state government function and approved by the
Board of Public Buildings;
3. The
service of food or nonalcoholic beverages in the Capitol Building, except as
part of a state government function and approved by the Board of Public
Buildings, or the service of food or nonalcoholic beverages on the Capitol
grounds unless approved by the director and the food or beverage is served
without charge;
4. Dance events,
including demonstrations such as clogging, square dancing, and other such
activities, in the rotunda, unless the events are part of a state government
function and are approved by the Board of Public Buildings;
5. Commercial activities, including the sale
of any goods or services and any other activities undertaken for the primary
purpose of obtaining a financial return for the benefit of an individual or
organization, whether organized for profit or not. This rule does not prohibit
venders from soliciting state employees for the purpose of effecting sales of
the vendors' products or services to the state or to employees through a
state-sponsored program. This restriction also shall not apply to souvenirs
sold by the Department of Natural Resources;
6. The solicitation of contributions, gifts,
or donations is prohibited in all common areas of the Capitol Building, and all
other forms of solicitation, including solicitation of support for any
political candidate or cause, is prohibited in all common areas of the Capitol
Building except in the rotunda and on the south steps;
7. Making any speech or conducting any
organized activity involving two (2) or more persons without first obtaining a
permit from the director;
8.
Distributing leaflets or other materials that have not been provided to the
director in conjunction with an application for a permit, or leaving leaflets
or other materials unattended;
9.
Any activity that obstructs the free ingress or egress of those wishing to
enter or leave the rotunda or other portions of the Capitol;
10. A sound level, noise, or any other
activity that disrupts the business of government in the Capitol;
11. The use of balloons of any kind in the
common areas of the Capitol Building, including the rotunda;
12. Smoking, vaping, or the use of tobacco
products, except in those areas that have specifically been designated as
"smoking areas" or in a private vehicle;
13. Guns or weapons of any kind, except as
authorized in section (7) of this rule;
14. The use of lighted candles or other
devices that produce flames;
15.
Signs, banners, and like material shall not be fastened in any way to the
walls, surfaces, or railings. Wood, metal, or plastic poles or standards shall
not be used to support signs or banners and shall not be brought into the
Capitol Building or onto the Capitol grounds. Signs displayed during an
activity shall not contain any obscene words or symbols;
16. Camping, as previously defined in this
rule;
17. Any other activity that
presents a significant likelihood of damage to the Capitol Building and
grounds; and
18. Any activity that
is a violation of federal, state, or local law.
(B) Permit System for Use of Capitol. No
person or organization shall have the exclusive use of any portion of the
rotunda or any other part of the Capitol Building and grounds, unless the
director has issued to that person or organization a permit for the use of the
facility. The terms and conditions for the issuance of permits are as follows:
1. Applications for Permits. Applications for
permits shall be made through the Division of Facilities Management, Design and
Construction website and shall include all information requested by the
director including, but not limited to, the following:
A. The full names, mailing addresses, and
telephone numbers of the person or organization sponsoring the proposed
activity and of an individual who agrees to accept responsibility for
supervising the proposed activity;
B. A description of the proposed activity and
an estimate of the number of persons who will participate in the proposed
activity;
C. A description of the
part of the Capitol Building and grounds that the applicant wishes to use and a
listing of the dates and hours during which the applicant wishes to use them;
and
D. A description of the
sanitation facilities, utilities, security, and other equipment and services
that will be needed for the proposed activity, such as chairs, podiums, and
microphones, and a description of the means proposed for providing those
items.
2. Issuance of
permits. Permits will be issued by the director, on a first-come, first-served
basis to those persons or organizations who comply with the requirements of
this rule.
3. Conditions.
A. The director may impose reasonable limits
on the duration of the activity and the space allocated to it, and may furnish
materials, supplies, and equipment needed for the activity, if such are
available, but may limit the amount furnished so that government property may
remain accessible to other members of the general public. Generally, activities
and events will be limited to a period of three (3) hours, including set up and
clean up. All permits issued will require the permittee to comply with the
restrictions described above.
B.
The director may also impose such other conditions as are reasonably necessary
to prevent damage to state government property, prevent disruption of the
conduct of state business, provide for the safety and security of the public,
provide adequate sanitation facilities, and protect the health and safety of
those attending or participating in the activity covered by the
permit.
C. The director may also
impose reasonable charges for the cost of any food or drink, utilities,
supporting physical arrangements, security or other personnel, or equipment
over and above the services normally provided at the building during the time
of the activity. The director may waive such costs for government entities, or
if it is not practicable to identify the amount of the additional costs or if
the amount is insignificant.
4. Disapprovals; cancellations. The director
may disapprove any application and may cancel an issued permit, even after the
applicant has begun using the facility, if the application is false or
incomplete, if the applicant fails to comply with the conditions specified in
the permit, or fails to comply with the provisions of this rule. In addition,
the director may disapprove applications submitted by those who have repeatedly
failed to comply with the terms and conditions of permits previously issued to
them.
5. Exceptions. The Board of
Public Buildings may make exceptions to this rule if it deems the exception to
be in the best interest of the state. The Board of Public Buildings may
delegate its authority to grant exceptions to this rule to the Commissioner of
Administration.
(6) Parking Lots.
(A) Use on business days. Public use of the
parking lots that are part of the Capitol Building and grounds and other public
buildings and grounds occupied by state agencies shall not be permitted between
the hours of 6:00 a.m. and 7:00 p.m. on business days. During those times,
parking lots are reserved for the use of the employees and clients of the
occupying agencies and for visitors conducting business with the occupying
agencies, unless contractual obligations of the state prohibit such
use.
(B) Use at other times.
Persons who wish to use a parking lot at times other than those set forth above
must submit a written request to the director for permission to do so.
Permission may be issued to applicants who hold a parade permit issued by the
local governmental authority and who wish to use the parking lot as a staging
area, to state or local governmental and quasi-governmental entities for their
use in programs to promote public health and safety, or to others at the
discretion of the director. Commercial activities and solicitation shall not be
permitted in the parking lots at any time. The director may revoke permission
to use the parking lot at his or her discretion, even after it has been
granted.
(7) Weapons Capable of Lethal Use Prohibited; Exceptions.
(A) Carrying a firearm or any other weapon
readily capable of lethal use into the Capitol Building and grounds or any
other public building or grounds is prohibited, except that holders of a valid
concealed carry permit may carry weapons into the Capitol Building and grounds
to the extent allowed by sections
571.107
and
571.215,
RSMo.
1. This prohibition shall not apply to
the following persons acting in their official capacity: state and federal law
enforcement officers, peace officers, probation and parole officers, wardens
and superintendents of prisons or penitentiaries, members of the armed forces
and national guard, and persons vested with judicial authority by the state or
federal court.
2. This prohibition
shall not apply to any person who has a valid concealed carry endorsement
issued pursuant to sections
571.101
to
571.121,
RSMo while such person is servicing an automated teller machine (ATM) in a
state-owned or leased building or gaining possession of a deposit from a state
agency for transport to another location. Employers of such persons must supply
in writing to the director the names, addresses, and photographs of such
persons at least five (5) business days before such persons start servicing the
ATMs or providing such deposit services, and the employers must immediately
advise the director in writing when any such employee is no longer working for
said employer.
3. Possession of a
firearm in a vehicle located in a parking area upon the premises of any area
referenced in this rule is permitted so long as the firearm is not removed from
the vehicle or brandished while the vehicle is on the premises.
(8) Use of Unmanned Aircraft.
(A) Launching, landing, or
operating an unmanned aircraft from or on the Capitol Building and grounds,
Carnahan Memorial Garden, and other public buildings and grounds, as defined in
this rule, is prohibited except as pre-approved in writing by the
director.
(B) Operators given
permission by the director to operate an unmanned aircraft on state property
identified above shall comply with all restrictions imposed by the director and
all applicable state and federal laws and regulations, including, but not
limited to, the regulations of the Federal Aviation Administration. This
includes notifying and obtaining approval from all applicable state and federal
entities, airports, air traffic control facilities, and helipads.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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