2 CCR 601-7
STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE Introduction:
This “Statement of Basis, Specific Statutory Authority and Purpose” presents for the record the explanation of the statutory basis and the rationale in support of the proposed revised rule. History of the Rule:
The Colorado Department of Transportation (“the Department”) first promulgated the Rules and Regulations for Specific Information Signs and Business Plaques (“the Rules”), which were previously called the Rules and Regulations for Specific Information and Business Signs, in 1980. The 1980 edition was subsequently revised, with the revision becoming effective on April 1, 1982. During the 1987 legislative session substantial changes occurred in the governing statute, C.R.S. 43-1-420 and a revised set of the Rules was promulgated in 1987. Finally, in response to further legislative changes enacted in 1998, the Rules were again revised, effective November 30, 1998. Rule Development Process:
Notice of Rule Making was submitted to the Secretary of State on June 20, 2003 and published in the Colorado Register on July10, 2003. Copies of the Notice of Rule Making Hearing were distributed by e- mail to the Department's Executive Management Team and mailed other interested parties including all current participants in the Specific Information and Business Plaque Program (“the Program”) on July 10, 2003. Following the mailing of the Notice, a number of written, e-mail and phone responses were received. The responses can be found in Exhibits 8 and 9 of the hearing record. Basis:
The current revision process was initiated in response to the Department's determination that the food service category requirements were unduly restrictive and that certain portions of the existing Rule were no longer relevant or were poorly worded.
Statutory Authority:
The statutory authority for this rulemaking is vested in the Department by C.R.S. 43-1-415(f) and the Executive Director of the Department and by resolution passed July 17, 2003, the Colorado Transportation Commission (“the Commission”), specifically authorized that a revision of the Rules be undertaken.
The Department has complied with the requirements C.R.S. 24-4-103 of the Colorado Administrative Procedure Act, by submitting a Notice of Proposed Rule Making (“the Notice”) to the Secretary of State on June 20, 2003 and by having the Notice published in the Colorado Register on July 10, 2003. Further, the Department has complied with the requirements of C.R.S. 24-4-103(3)(b) by mailing copies of the Notice to interested parties, including 396 current participants in the Program”. Purpose:
Because changes have taken place in the administration of the Program since the last publication of the Rules, specifically, the Department hired an independent contractor to carry out the Program; certain language in the Rules no longer reflects the actual permit application process. The current revision of the Rules addresses this situation as well as the Business Plaque renewal and rotation processes. The proposed Rules also expand the food services category to allow businesses with more limited hours of operation from the current hours of service requirement and businesses, which provide drive-in service to qualify for Business Plaques. The proposed Rules also update references to statutory and other authority for the rules and improve organization, captioning and terminology.
A. GENERAL PROVISIONS:
1. PURPOSE: To establish rules, regulations, standards, and a permit system, hereinafter called “Rules” for the erection and maintenance of Specific Information Signs erected within highway right-of- way to provide directional information to business establishments offering services for Gas, Food, Lodging, Camping and Tourist Attractions to the traveling public.
2. APPLICABILITY: The provisions of these Rules are applicable to areas of the Interstate System.
3. AUTHORITY: C.R.S. 43-1-415, C.R.S. 43-1-420, 23 U.S.C. 109(d), 131(f), 315 and 49 CFR 1.48 (b).
4. CONFORMITY WITH LAWS: Each business identified on a Specific Information Sign shall have given written certification to the Department of its conformity with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, or national origin, and shall not be in breach of that certification.
5. DEFINITIONS:
a. Specific Information Sign Also known as “LOGO Sign”. An official sign with white reflective legend and border, on a blue background, that displays the type of business (Gas, Food, Lodging, Camping, and/or Tourist Attraction) and the interstate exit number. This sign is referred to as a “Specific Services Sign” in the MUTCD.
b. Business Plaque A flat rectangular aluminum information sign which is attached to a Specific Information Sign either on the mainline or ramp sign limited to the name, brand name, or trademark, logo or symbol for businesses providing motorists services for Gas, Food, Lodging, Camping and/or Tourist Attraction.
c. Centerline of the highway means a line equidistant from the edges of the median separating the main traveled ways of a divided Interstate highway.
d. Contractor means the private independent contractor that is selected by the Department pursuant to a public-private initiative and that is responsible, by contract with the Department, for implementing and administering the LOGO sign program. See Section A. 6.of the Rules and “Department” below.
e. Department refers to the State of Colorado Department of Transportation, (CDOT). In the event that the Department contracts with a private contractor to maintain and administer all or part of the LOGO sign program, “Department” shall also mean that contractor to the extent required by that contract or the context of the Rules. See Section A. 6.of the Rules.
f. Erect means to construct or allow to be constructed.
g. FHWA means Federal Highway Administration.
h. Interstate System means the system of highways as defined in CRS 43-2-101.
i. LOGO Signs means Specific Information Signs.
j. MUTCD means the Millennium, 2001 edition of the FHWA Manual on Uniform Traffic Control Devices for Streets and Highways and the Colorado Supplement thereto. Terms used in these Rules shall be in accordance with usage of the MUTCD.
k. Maintenance means to preserve, keep in repair and clean.
l. Permit means the document signed by both the applicant and the Department, which sets forth the terms and conditions for placement of a business plaque on a logo sign. As used herein a permit shall also mean an executed advertising agreement signed by both the applicant and a representative of the state's LOGO contractor.
m. State Signing Standards are those applicable sections (particularly sections 614 and 713) of the Colorado Department of Transportation “Standard Specifications for Road and Bridge Construction,” 1999 edition (adopted by the Colorado Transportation Commission pursuant to C.R.S. 43-2-107), plus associated standard drawings (“S” standards) derived from such specifications, which together prescribe the material and construction requirements for Logo Signs and Plaques.
n. Tourist Attraction means a Tourist Oriented Attraction of regional interest to the traveling public. Tourist Attractions are limited to only the following: A natural phenomena; a site of historical significance; a site of cultural significance; an amusement park; an arena; an area of natural or scenic beauty; a golf course; a museum; an area naturally suited for outdoor recreation; a zoological or botanical park; and a winery or brewery, as further defined in Section C.5 of the Rules.
o. Trailblazer means a small sign that displays a directional arrow to the business and, if necessary, the mileage to the business.
p. Traveled Lane is the driving lane normally occupied by the traffic located left of the highway shoulder.
q. Urbanized Area means that area within the boundary of a metropolitan area having a population of fifty thousand or more as determined by the United States Bureau of the Census in its latest census and as included on the urbanized area map approved by the Department.
6. INDEPENDENT CONTRACTOR PROGRAM:
The Department is authorized by Sections 43-1-420(2), 43-1-420(4), and 43-1-1202(1)(A)(XI), C.R.S., to negotiate and contract with an independent contractor, pursuant to a public-private initiative, for that contractor to implement and administer all or part of the Specific Information Sign Program (or “LOGO Program”) described in the Rules. Based on that authority, the Department intends to issue a request for proposals and to negotiate a contract that is most advantageous to the State with the successful proposer to assume the administration and maintenance of the LOGO Program.
Sections 43-1-420(2) and 43-1-420(4) specifically authorize that contractor to determine the amount of fee(s) to be charged for a LOGO Sign permit and to develop the method for the annual rotation of Business Plaques.
If such a contract is executed, the implementation and administration of the LOGO Program by that contractor may include the right of that contractor: 1) to determine and charge a new fee amount for a LOGO Sign, and, 2) to develop and implement a new method for the annual rotation of LOGO Signs, different from that originally described in Section G.6 of the Rules. If such a contract is executed, the complete terms of that contractor's implementation and administration of the LOGO Program will be described in detail therein, and the implementation and administration of the LOGO Program by that contractor will be subject to the Department's supervision.
7. STATEMENT OF BASIS, STATUTORY AUTHORITY, AND PURPOSE: The Rules are promulgated by the Department of Transportation pursuant to the Specific Statutory Authority of C.R.S. 43-1-415(1)(f). The Statement and Basis, Specific Statutory Authority and Purpose for the September 15, 1998 and the August 21, 2003 Rulemaking Hearings are hereby incorporated herein by this reference and shall be available for copying and public inspection during regular business hours from the Roadside Advertising Coordinator, Colorado Department of Transportation, 4201 East Arkansas Ave., EP 700, Denver, Colorado 80222.
B. LOCATION:
1. LOGO Signs shall be located only on the interstate system, as follows: LOGO Signs for Gas, Food, Lodging, and Camping shall be located only outside urbanized areas. LOGO Signs for Tourist Attractions may be located both within urbanized areas and outside urbanized areas. Installation of Specific Information Signs shall be consistent with the State signing standards and in accordance with the MUTCD. A LOGO Sign shall be placed in advance of an interchange exit and shall be readable from the traveled way. The specific location of each LOGO Sign is subject to Department approval.
2. LOGO Signs shall not be located at the following locations, or under the following circumstances:
a. At interchanges with other freeways.
b. Where a U-turn or illegal movement is required to access a business.
c. Where long sections of structure, retaining wall and/or installation of noise wall limit the convenient placement of a ground - mounted LOGO Sign.
d. Where the Department determines that, for safety, or operational, or other appropriate reasons, the installation of LOGO Signs is not in the best interest of the traveling public.
3. The Department shall base final approval of the location of a LOGO Sign on the following criteria:
a. Non-interference with existing regulatory, warning; guide signs or traffic control devices. Proposed Specific Information Signs shall not be allowed to block driver sight to any existing regulatory, warning or guide sign; or any other traffic control device.
b. Tourist Attraction signs shall meet the minimum guide sign spacing as described in the MUTCD.
c. Right-of-way width will be checked to determine if proposed Specific Information Signs may be installed without interfering with existing guide signs.
d. Utilities including sewer and drainage systems, gas lines, water lines, and electrical lines will be checked to determine if proposed Specific Information Signs will conflict with such utilities.
4. RELATIONSHIP TO EXIT GORE: The Specific Information Signs shall be erected between the previous interchange and no closer than 800 feet in advance of the exit direction sign at the interchange from which the services are available. There should be at least 800 feet spacing between the signs. Excess spacing should be avoided.
5. CONVENIENT REENTRY REQUIRED: Specific Information Signs shall not be erected at an interchange where the motorist cannot conveniently reenter the Interstate Highway and continue in the same direction of travel.
6. EXIT RAMP SIGNS: At single-exit interchanges where a displayed service facility is not visible from a ramp terminal, ramp signs shall be installed along the ramp or at the ramp terminal, and may be provided along the crossroad. Service information for visible facilities may be omitted. The signs shall include the distances to service installations and directional arrows in lieu of words. The minimum letter height should be 4 inches except that any legend on a symbol shall be proportional to the size of the symbol. Ramp signing may be used on ramps and crossroads at double-exit interchanges.
7. LATERAL LOCATION: The Specific Information Signs should be located so as to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with existing traffic control signs within the highway right-of-way. Unprotected sign panel supports located within the clear zone shall be of a CDOT breakaway standard. The Specific Information Sign shall be located in accordance with standard accepted good engineering practices and approximately 30 (thirty) feet outside of the traveled lane.
8. RELATIVE LOCATION: In the direction of traffic successive Specific Information Signs shall be those for “Camping”, and/or “Tourist Attraction”, “Lodging”, “Food”, and “Gas”, in that order.
9. DISTANCE TO GAS, FOOD, LODGING, AND CAMPING SERVICES: To be eligible for a Business Plaque to be installed on a Specific Information Sign the maximum driving distance that gas, food, lodging, and camping service facilities can be located from the main traveled way of the Interstate Highway shall not exceed 3 (three) driving miles in either direction. If within that 3 (three) mile limit there are less than 6 participating services of the type being considered, the limit of eligibility may be extended to 5 driving miles. A gas, food, lodging, and camping service facility that is not within such maximum driving distance shall not be eligible for a LOGO Sign.
10. DISTANCE TO TOURIST ATTRACTION SERVICES: To be eligible for a Business Plaque to be installed on a Specific Information Sign, the maximum driving distance that a tourist attraction can be located from an interchange within an urbanized area shall be limited to 3 (three) miles, and shall be limited to 10 (ten) miles maximum driving distance from an interchange outside of an urbanized area. A Tourist Attraction that is not within such maximum driving distance shall not be eligible for a LOGO Sign.
11. TRAILBLAZER SIGNS: A Trailblazer Sign may be used only when the directional information displayed on the LOGO Sign is inadequate to direct the public to the business, such as where the signed business is not visible after exiting an interstate and/or where turns must be made onto one or more crossroads to get to the signed business. A Trailblazer Sign may be used at each such turn until the business is visible.
A Trailblazer Sign shall be located only along the shortest route from the interstate to the business on a conventional roadway. A Trailblazer Sign shall comply with the following:
a. Trailblazer Signs are to be erected prior to the erection of ramp or mainline Specific Information Signs.
b. Trailblazer Signs not on state highway right-of-way shall not be erected until appropriate written approval has been obtained from the jurisdiction having authority for sign placement.
c. The business will be responsible for furnishing the Business Plaque for use on the Trailblazer Sign assemblies.
d. A Trailblazer Sign may be placed only on all weather roads clear of obstructions that could damage a vehicle while traversing that route.
12. INELIGIBILITY: Services and Tourist Attractions presently utilizing Department installed guide signing are not eligible for Specific Information Signs.
C. TYPE OF SERVICES:
The type of services permitted on a LOGO Ssign shall be limited to “Gas”, “Food”, “Lodging” “Camping”, and/or “Tourist Attraction”, as follows:
1. “GAS”BUSINESS PLAQUE:
To qualify for a Gas Business Plaque the business must have:
a. Vehicle services, which shall include fuel, oil, and water;
b. Restroom facilities and drinking water;
c. Subject to availability of fuel there should be continuous operation at least 16 hours per day, 7 days a week. If fuel is not available the operator shall post on the premises the location of the nearest available source; and d. Public telephone.
2. “FOOD” BUSINESS PLAQUE:
To qualify for a Food Business Plaque the business must have:
a. Licensing or approval, where required;
b. Continuous operation to serve food for a minimum of 12 consecutive hours within the time frame of 7:00 a.m. to 11:00 p.m. 6 days a week or continuous operation for more limited consecutive hours of operation (not less than 5 hours per day within the time frame of 7 a.m. to 11 p.m. 6 days a week, and not less than 40 hours per week), if there is at least one other food service facility advertising on the LOGO Sign which is open for a minimum of 12 consecutive hours within the time frame of 7:00 a.m. to 11:00 p.m. 6 days a week;
c. Operation with indoor sit down facilities for a minimum of 20 people or operation of a drive-in facility with a minimum of 20 drive-in parking spaces;
d. Public telephone; and e. Restroom facilities and drinking water.
3. “LODGING” BUSINESS PLAQUE:
To qualify for a Lodging Business Plaque the business must have:
a. Licensing or approval, where required;
b. Lodging accommodation composed of units, which can accommodate at least two persons per unit with space for automobile parking;
c. accommodations must be available for rental on a nightly basis 7 (seven) days a week; and d. Public telephone.
4. “CAMPING” BUSINESS PLAQUE:
To qualify for a Camping Business Plaque a business must have:
a. Licensing or approval, where required;
b. A minimum of twenty spaces to accommodate camping tents and/or travel trailers and/or motorized campers;
c. An adequate supply of drinking water;
d. Flush toilets;
e. A sanitary disposal system for travel trailers and/or motorized campers;
f. Public telephone; and g. Proof of maintenance in compliance with applicable State/Local Board of Health rules and regulations.
5. “TOURIST ATTRACTION” BUSINESS PLAQUE:
To qualify for a Tourist Attraction Business Plaque a business must have:
a. Licensing or approval, where required;
b. Minimum of 20 (twenty) spaces for parking;
c. Restroom facilities and drinking water;
d. Continuous operation at least 8 (eight) hours per day, 7 (seven) days per week (in season), except that this requirement shall not apply to the “arena” category listed below in the table;
e. Public telephone;
f. Attendants on site and/or conduct tours.
g. To qualify for a Tourist Attraction Business Plaque a business must also meet the minimum traffic generation criteria in the following table:
TYPE OF SPECIFIC CRITERIA * CATEGORY I * CATEGORY II 50,000 ATTRACTION 1,000,000 OR MORE TO 1,000,000 REQUIRED REQUIRED POPULATION POPULATION NATURAL ANNUAL 200,000 50,000 PHENOMENA ATTENDANCE HISTORIC SITE OR ANNUAL 200,000 50,000 DISTRICT ATTENDANCE CULTURAL SITE ANNUAL 200,000 50,000 ATTENDANCE AMUSEMENT PARK ANNUAL 200,000 50,000 ATTENDANCE ARENA ANNUAL 200,000 50,000 ATTENDANCE AREA OF NATURAL ANNUAL 200,000 50,000 OR SCENIC BEAUTY ATTENDANCE GOLF COURSE ANNUAL 200,000 50,000 ATTENDANCE MUSEUM ANNUAL 200,000 50,000 ATTENDANCE RECREATIONAL AREA ANNUAL 200,000 50,000 ATTENDANCE ZOOLOGICAL OR ANNUAL 200,000 50,000 BOTANICAL PARK ATTENDANCE WINERY OR ANNUAL 200,000 50,000 BREWERY ATTENDANCE * CATEGORY POPULATIONS SHALL BE BASED ON BOUNDARIES ESTABLISHED AS URBANIZED AREAS. IF NONE CATEGORY SHOULD BE BASED BY CITY/TOWN LIMITS. IF NONE THAN SHALL BE CONSIDERED CATEGORY III.
h. ELIGIBILITY:
D. NUMBER OF SIGNS PERMITTED:
The number of Specific Information Signs permitted shall be limited to one for each type of service along an approach to an interchange with no more than four (4) signs per direction of travel per exit.
E. COMPOSITION:
1. SPECIFIC INFORMATION SIGN PANELS: The Specific Information Sign panels shall have a blue background with a white reflectorized border. The size of the Specific Information Sign panels shall not exceed the minimum size necessary to accommodate the maximum number of Business or Attraction Plaques permitted, using the required legend height, panel size and spacing.
2. BUSINESS PLAQUES ON SPECIFIC INFORMATION SIGNS: Business Plaques to be mounted on Specific Information Signs shall have a business logo and may use a legend and shall be of high intensity reflective sheeting. The principal legend should be at least equal in height to the directional legend on the sign panel. Where business identification symbols or trademarks are used alone for a Business Plaque, the border may be omitted, the symbol or trademark shall be reproduced in the colors and general shape consistent with customary use, and any integral legend shall be in proportionate size. Messages, symbols, and trademarks, which resemble any official traffic control device are prohibited. The vertical and horizontal spacing between Business Plaques on sign panels shall not exceed 8 inches and 12 inches, respectively. Material for Business Plaques shall conform to the state signing standards.
3. LEGENDS: All directional arrows on exit ramp signs and all letters and numbers on Specific Information Signs, used in the name of the type of service and the directional legend shall be white and reflectorized.
4. SINGLE EXIT INTERCHANGES: On the Specific Information Signs, the name of the type of service followed by the exit number shall be displayed in one line above the Business Plaques. The “Gas”, “Food”, “Lodging”, “Camping”, and “Tourist Attractions” Specific Information Signs shall be limited to six Business Plaques each.
5. DOUBLE-EXIT INTERCHANGES: The Specific Information Signs shall consist of two sections, one for each exit. The top section shall display the Business Plaques for the first exit and the lower section shall display the Business Plaques for the second exit. The name of the type of service followed by the exit number shall be displayed in a line above the Business Plaques in each section. Where a type of motorist service is to be signed for at only one exit, one section of the Specific Information Sign may be omitted, or a single-exit interchange may be used. The number of Business Plaques on the LOGO Sign panel (total of both sections) shall be limited to six for “Gas”, “Food”, “Lodging”, and “Camping” and “Tourist Attractions”.
6. REMOTE RURAL INTERCHANGES: In remote rural areas, where a Specific Information Sign cannot be completely utilized by a single qualified type of facility, two types of facilities may be displayed on a single sign. Each type of facility must be displayed in a vertical row of two plaques with the identifying type of service located above each column with the exit and number to be located above the service identification line.
F. SIZE OF BUSINESS OR ATTRACTION PLAQUES:
1. Each Business Plaque displayed on the “Gas”, “Food”, “Lodging”, “Camping”, and “Tourist Attractions” Specific Information Sign shall be contained within a 48-inch wide and 36-inch high rectangular background area, including border.
2. The Trailblazer Sign Plaque shall be 18 inches high and 24 inches wide.
3. All letters used in the name of the type of service and the directional legend shall be 10-inch capital letters. Numbers shall be 10 inches in height.
G. PERMITS AND PROCEDURE:
1. No Business Plaque will be installed on Specific Information Signs prior to issuance of a permit by the Department. Permits will be issued by the Department in accordance with these Rules.
2. Permit applications will be accepted by the Department by mail, fax or in person delivery and shall be on the appropriate form provided by the Department.
3. A Specific Information Sign and related Ramp And Trailblazer Signs can remain until the location of the Specific Information Sign is needed for highway purposes. Under this circumstance or subject to paragraphs G (5) and G (9) below a permittee's Business Plaque shall be removed from the LOGO Sign.
4. Application forms and fee schedules may be obtained from the Department. A completed application form shall contain the following information:
a. The name and address of the applicant.
b. Type of service eligible under Section C, of these Rules.
c. A complete layout or sample of the brand, symbol or trademark or name or combination of these, showing exactly what the Business Plaque will display.
d. A statement of conformity with laws in accordance with Section A (4) of these Rules, Conformity with Laws.
e. A statement that the permitted services are in accordance with Section B (9) of the Rules, Distance to Services.
f. A statement that type of services requested conforms with Section C of these Rules, Types of Services.
g. A statement identifying the exit number and name of the Interchange where the applicant desires to have a Business Plaque.
h. A standard application processing fee may be required by the Department. If such fee is paid by the applicant, it will be returned to the applicant if an application is denied or if after approval the Business Plaque is not erected for reasons caused by the Department.
i. An indication that the local city or county official responsible for control of signs within their jurisdiction approves the application.
5. a. An annual rotation procedure for granting permits for Business Plaques will start January 1, after the Specific Information Sign has been in place for one full calendar year.
b. In the installation of Business Plaques, initial priority will be given to current permittees, and the procedure will be first come first serve for new applicants until all the Business Plaque spaces on the logo sign are full. When a sign is full, each new applicant will be assigned a number, will be put on a waiting list and will be rotated onto the LOGO Sign panel in the priority established by its assigned number. When there is a waiting list, permittees on a full board will be rotated off the board on the permit renewal date to the extent needed to provide plaque space for the businesses on the waiting list. Businesses rotated off the board will go onto the waiting list for the next year's rotation.
6. Permits for Business Plaques shall be valid for a period of one year, beginning each January 1, without proration for periods less than one year. If a Business Plaque is installed after first month of the annual permit renewal cycle the excess annual fee balance will be credited to the amount due for the subsequent years permit fee.
7. The holder of a permit shall have the right during the term of the permit to change the content of its Business Plaque so long as the Plaque conforms to these Rules. Cost of such changes to the Business Plaque shall be at the expense of the permit holder. Permit holders will be charged an additional service fee for each plaque removed and/or remounted.
8. For businesses operated on a seasonal basis, Business Plaques denoting types of services not then available shall be covered or removed. This work shall be done by the Department. An additional service fee shall be paid for this work. It shall be the responsibility of the business operator to notify the Department of the dates of unavailability of motorist service not less than 20 days prior to seasonal closure or unavailability of services.
9. When it is determined by the Department that a business is no longer entitled to advertise under these Rules, or that an advertised business service no longer is available, then the Business Plaque for that particular business shall be removed or covered by the Department. Permit holders shall be entitled to notice and hearing prior to removal or covering of a sign pursuant to C.R.S. 24-4-104 and Rules promulgated thereunder except where the Department has reasonable grounds to believe and finds that the public health, safety, or welfare imperatively require emergency action as provided in C.R.S. 24-4-104(4). In such instances a plaque may be immediately removed or covered.
10. Permit applicants and holders are advised that upon an approved revision of the urbanized boundary to include the interchange where Specific Information Signs have been installed, such signs will then be prohibited pursuant to C.R.S. 43-1-420. Such signs will be subject to removal upon notice and a hearing will be provided pursuant to C.R.S. 24-4-104.
H. RENEWAL OF PERMITS:
1. Applications for renewals for Business Plaque permits shall be made before the first day of December of each year, and shall be accompanied by a service fee per permit. If the renewal application is not received prior to the first day of January of the renewal year the Business Plaque permit shall expire and the sign shall be subject to removal, pursuant to G (9) above.
2. All renewal applications for permits shall be mailed to the Department.
I. REPLACEMENT RESPONSIBILITY:
The Department shall not be responsible for lost, stolen, defaced, deteriorated, damaged or destroyed Business Plaques regardless of the cause. The applicant shall be responsible for delivering a replacement or renovated Plaque to the Department to replace any Plaque, which is lost, stolen, defaced, destroyed or which is in a deteriorated condition.
J. PAYMENT AND FEES:
The Business Plaque owner shall remit its permit fee within 30 days of installation of its plaque. If this payment requirement creates a hardship three interest free consecutive payments may be arranged with prior notice to the Department. Failure of an applicant for a permit or for a permit renewal to pay the permit fee will result in the removal of the applicant's Business Plaque. Fees will be in the amount prescribed by the fee schedule, which will be made available by the Department to all applicants and other interested parties upon request.
K. PERMIT DENIAL, REVOCATION, SUSPENSION AND APPEAL PROCESS The Department may, upon notice, deny a permit application or renewal or may revoke a permit. The provisions of C.R.S. 24-4-104, and rules promulgated thereunder, shall apply to the denial of a permit application or renewal, or a permit revocation, or immediate suspension. Notice and a hearing concerning such denials, revocation or immediate suspension will be provided as required by the applicable provisions of the above sections and the rules. Written notice of denial of a permit application, or of denial of permit renewal, or of permit revocation, or of immediate suspension shall be sent to the applicant or permittee by certified mail. A request for a hearing shall be made in writing and must be received by the Department no later than 60 days after receipt by applicant/permittee of such notice.
1. Denial of permit application or renewal or permit revocation: A permit application or renewal application may be denied or a permit revoked if the applicant or permittee fails to meet any provisions of the Rules, including:
a. In the event that it is determined by the Department that a business permittee is no longer entitled to the permit under these Rules, or that the business no longer available to the tourists, or that the permittee has violated the terms or conditions of the permit or of the rules or of C.R.S. 43-1-420, then the renewal applicant for that particular business shall be denied a permit renewal.
b. If it is determined that the Business Plaque has been added to or altered in any way, or retained, in violation of these rules or of C.R.S. 43-1-420, then the permit for that Business Plaque may be revoked and the Business Plaque shall be subject to removal.
2. Immediate suspension of a permit When the Department has reasonable grounds to believe and finds that the permittee has been guilty of willful and deliberate violation of the Rules, or the health, safety, or welfare of the public imperatively requires emergency action, a permit may be immediately suspended as provided in C.R.S. § 24-4-104(4). In such emergency situations, the Department may take immediate action prior to notice and hearing, including action to remove or cover a Business Plaque. Notice of permit suspension shall be sent to the permittee immediately by certified mail. Such notice shall set forth the basis for the emergency action.