(b) The Arkansas Department of Transportation may require applicants to prove that they comply with the requirements of this section:

1. (1) With the exception of motorist services activities, the activity or site, including seasonal agricultural products, must reasonably derive the major portion of income or visitors during the normal business season from motorists not residing in the immediate area of the business or activity;
2. (2) The activity or site shall be open to the general public during regular and reasonable hours and not by appointment or reservation only;

3. (3)

   1. (A) The activity shall be conducted in an appropriate building or area.
   2. (B) It shall not be conducted in a building used as a residence unless the activity is a motorist service lodging facility (hotel, motel, bed and breakfast, etc.);
4. (4) The activity or site shall be located in a rural area not within the corporate limits of a city or town with a population of five thousand (5,000) or more people, except for Scenic Byways;
5. (5) With the exception of those instances where the department determines that operational safety requires an advance sign, an activity shall not qualify for a TODS unless the activity or its on-premises signing and driveway entrance are not readily visible from the state highway;

6. (6) An activity or site will not qualify for TODS if the activity or site is:

   1. (A) Identified by a department directional sign that is within the right-of-way;
   2. (B) Advertised by an off-premises sign that is illegal as defined by the Arkansas Highway Beautification Act, Arkansas Code § 27-74-101 et seq.; or
   3. (C) Advertised by an off-premises sign that is visible from the location of the proposed TODS;

7. (7) The activity or site shall comply with all applicable:

   1. (A) Laws concerning public accommodations without regard to:

(i) Race;

1. (ii) Religion;

   1. (iii) Color;

      1. (iv) Age;
      2. (v) Sex;
      3. (vi) National origin; or
      4. (vii) Disability; and
   2. (B) Health and sanitation laws and must possess any required local permits or licenses; and
2. (8) The activity or site must be located within fifteen (15) miles of the state highway.