PURPOSE: This rule provides definitions of terms.

1. (1) “Advance TODS Sign” shall mean a Tourist Oriented Directional Signing (TODS) sign placed in advance of the normal TODS sign.
2. (2) “Alternate fuel” shall mean a fuel type other than gasoline or diesel that can be used to power a vehicle on the highway and includes, but is not limited to, ethanol blended gasoline (E-85), biodiesel (B-20), Compressed Natural Gas (CNG), or propane.
3. (3) “Cave” shall mean a state approved cave which has complied with all necessary requirements of the Division of Labor Standards’ Mine Inspection Section and possesses a current certificate of annual inspection furnished and approved by that division.
4. (4) “College Emblem Sign” shall mean a supplemental guide sign displaying emblem panels of up to six (6) colleges or universities meeting the criteria in this rule on emblem panels.
5. (5) “College Traffic Generator Sign” shall mean a supplemental guide sign displaying the name and logo of up to three (3) colleges or universities meeting the criteria in this rule.
6. (6) “Commercial activity” shall mean any busi ness or service activity generally recognized as commercial by zoning authorities in this state.
7. (7) “Commission” shall mean the Missouri Highways and Transportation Commission.
8. (8) “Crossroad” shall mean the roadway that intersects the main roadway.
9. (9) “Department” shall mean the Missouri Department of Transportation.
10. (10) “Emblem Panel” shall mean a panel which may display the name, logo, or a combination of both for a college or university meeting the criteria in this rule which is attached to a mainline sign or ramp sign or on a stand-alone trailblazer sign.
11. (11) “Exit Ramp” or “ramp” shall mean the connective roadway between the mainline and the crossroad at an interchange.
12. (12) “Expressway” shall mean a divided high way with limited numbers of at-grade accesses.
13. (13) “Fee” shall mean the amount of money assessed a qualified entity for participation in one (1) of the signing programs, which is paid prior to signs being installed.
14. (14) “First connection” shall mean the sign location in advance of the intersection where motorists turn off of the state highway system to arrive at the destination being signed for.
15. (15) “Freeway” shall mean a divided highway where access is fully controlled by interchanges.
16. (16) “General Service Logo plaque” shall mean a sign with white legend on blue background depicting the standard symbol for an alternate fuel. The design shall meet the department’s standards.
17. (17) “Gore” shall mean the area immediately beyond the divergence point of the mainline highway and the exit ramp bounded by the edges of those traveled ways.
18. (18) “Interchange” shall mean an intersection that connects two (2) or more interconnecting roadways through the use of one (1) or more grade separations that pro vides for the movement of traffic between the interconnecting roadways on differ ent elevations allowing uninterrupted flow of the mainline highway.
19. (19) “Intersection” shall mean the at-grade crossing of two (2) public roadways where the intersecting roadways are at the same elevations and are controlled by regulatory signs or traffic signals.
20. (20) “Interstate” shall mean the national system of interstate and defense highways locat- 7 CSR 10-17

ed in Missouri as officially designated by the Missouri Highways and Transportation Commission in accordance with Title 23 of the United States Code, Sections 101 and 103, which is incorporated by reference and made a part of this rule as published by the United States Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, effective October 1, 2012. This rule does not incorporate any later amendments or additions.

1. (21) “Logo Panel” shall mean a panel which may display the name, brand, symbol, trademark, or a combination of these of a qualified entity which is attached to a mainline sign or ramp sign or serves as a stand-alone trailblazer sign when a directional arrow is installed below it.
2. (22) “Logo Program” or “Logos” shall mean specific service signing or a signing, which provides directional signing to businesses which offer motorist services (gas, food, lodging, camping, and twenty-four- (24-) hour pharmacy) and tourist attractions in the state of Missouri meeting the criteria of this rule.
3. (23) “Mainline Highway” or “mainline” shall mean the primary travel lanes of the interstate, freeway, or expressway.
4. (24) “Mainline Sign” shall mean the sign installed in advance of an interchange along the mainline of an interstate, freeway, or expressway informing motorists what services or attractions are accessible from that particular interchange.

5. (25) “Motorist Services” shall mean a business which provides one (1) or more of the following services: gas, food, lodging, camping, or twenty-four- (24-) hour pharmacy. Motorist Services shall only be associated with the Logo and TODS programs. The business must also meet the following criteria:

   1. (A) Gas and diesel vehicular service stations shall provide fuel, oil, water, air, restroom facilities, drinking water, a telephone available for public use, and be in continuous operation at least twelve (12) hours a day, seven (7) days per week. Alternate vehicle fuels availability at these sites can be displayed as a secondary message at the bottom of a Logo panel or within the legend of the sign legend on a TODS sign. If this information cannot be displayed as part of the Logo or TODS sign, it may be displayed as a general service logo plaque placed below the gas Logo mainline and ramp signs or below the TODS sign for the facility offering the alternate fuel. A maximum of two (2) plaques may be displayed below a TODS sign, one (1) attached to each of the TODS sign posts. When general service logo plaques are used, the fuel station shall be within three (3) miles of the interchange, located along the crossroad of the interchange, be clearly visible from the crossroad, and the availability of the alternate fuel shall be clearly identified on the on-premise signing of the fuel station. The distance to the service fuel station shall be displayed along with the general service logo where the distance is greater than one (1) mile;
   2. (B) Food and restaurant facilities shall be approved and/or licensed by the state or political entity having jurisdiction and be in continuous operation to serve a minimum of two

6. (2) meals a day (breakfast, lunch, and/or dinner), six (6) days a week and be open to the public a minimum of twelve (12) hours per day. The facility must have accommodations to seat a minimum of twenty (20) guests at tables indoors or a minimum of ten (10) drive-up ordering/eating stations. They must also provide restroom facilities and a telephone available for public use;

   1. (C) Lodging, motel, and hotel facilities shall be approved and/or licensed by the state agency or political entity having jurisdiction and provide adequate sleeping accommodations and telephone availability for public use. The facility must have a minimum of ten

7. (10) rooms and sufficient off street parking. The facility shall be open twenty-four (24) hours a day, seven (7) days a week;

   1. (D) Camping and campground facilities shall be approved and/or licensed by the state agency or political entity having jurisdiction and provide modern sanitary facilities and drinking water. They must also provide a minimum of twenty (20) camping and parking spaces. The facilities shall be open twenty-four (24) hours a day, seven (7) days a week for a minimum of six (6) consecutive months per year. Signing for campgrounds operated on a seasonal basis will be covered with a blue background aluminum panel of appropriate size or removed from the sign during the off season; and
   2. (E) Twenty-four- (24-) hour pharmacies shall be continuously oper ated twenty-four
8. (24) hours per day, seven (7) days per week, and shall have a state-licensed pharmacist on duty at all times.
9. (26) “Owner” shall mean the holder of a fee title or the holder of a leasehold estate from the owner of real property representing the qualified entity.
10. (27) “Participation agreement” shall mean a con tract between the program manager and each eligible entity participating in the pro - grams outlined in this rule.
11. (28) “Program manager” shall mean a person representing the company awarded the administrative services contract for the purpose of operating the Logo, TODS, and Traffic Generator Programs and is authorized by the department to sign a participation agreement for marketing, management, installation, and maintenance of signs for these programs in accordance with these rules.

12. (29) “Qualified Entity” shall mean a site that meets one (1) of the following categories and meets all of the criteria listed in this rule:

    1. (A) A tourist oriented activity;
    2. (B) A motorist service;
    3. (C) A state or federal agency which owns and operates a site offering recreational activities, sites of historical significance, or manages public lands open to the public;
    4. (D) A state operated correctional facility;
    5. (E) A Welcome Center Affiliate; and
    6. (F) A college or university, satellite campus, or community college which offers faceto-face classroom education as the primary purpose of the site.
13. (30) “Ramp Sign” shall mean the supplemental guide for the Logo or Traffic Generator Program installed along the interchange ramp providing directional information for each service or attraction accessible from that particular interchange.
14. (31) “Ramp Terminal” shall mean the intersection of the exit ramp and the crossroad.
15. (32) “Rural Area” shall mean an area in which the population is less than five thousand (5,000) persons.
16. (33) “Second connection” shall mean the sign location in advance of the intersection or interchange where motorists turn to access the state highway where first connection signing is provided.
17. (34) “Specific Service sign” shall mean a supplemental guide sign displaying Logo panels for specific businesses that provide eligible motorist services or tourist attractions as outlined in this rule.
18. (35) “Standard” shall mean the department’s Standard Plans for Highway Construction and/or Standard Specifications for Highway Construction and/or policies found in the Engineering Policy Guide. Transportation Commission
19. (36) “Third connection” shall mean the sign location in advance of the intersection or interchange where motorists turn to access the state highway where second connection signing is provided.
20. (37) “TODS Program” or “TODS” shall mean Tourist Oriented Directional Signing, a signing program, which provides directional signs to tourist oriented activities and motorist services in the state of Missouri meeting the criteria of this rule.
21. (38) “TODS sign” shall mean a sign displaying the name of qualified entities that provide eligible tourist attractions or motorist services as outlined in this rule displayed as a stand-alone sign or as part of a TODS sign assembly.

22. (39) “Tourist Attraction” shall mean a tourist oriented activity which means a natural phenomenon, historic site, cultural site, recreational site, educational site, muse um, area of natural beauty, or commercial activity as defined below, a major portion of whose income or visitors are derived during the normal business season from motorists. Attendance in any consecutive twelve- (12-) month period shall meet or exceed the minimum requirements established in this rule for the Logo, TODS, or Traffic Generator programs. Tourist attractions shall be open for business at least four (4) hours per day, at least five (5) days per week, one (1) of which must be a Saturday or Sunday unless otherwise indicated in this rule, have public restroom facilities, and a minimum of ten (10) parking accommodations.

    1. (A) “Natural phenomenon” shall mean a fea ture created by nature. Examples may in - clude, but are not limited to, unusual rock formations, caves, geysers, or waterfalls.
    2. (B) “Historic site” shall mean a structure, site, or district that has definite historical sig - nificance and shall be listed on the National Register of Historic Places.
    3. (C) “Cultural site” shall mean any facility for the performing arts, exhibits, or concerts that is open to all age groups.
    4. (D) “Museum” shall mean a facility open to the public at least one hundred (100) days per year, in which works of artistic, historical, or scientific value are cared for and exhibited to all age groups.

    5. (E) “Educational site” shall include:

       1. 1. “Zoological” or “botanical park”

shall mean a facility in which living animals, insects, or plants are kept and exhibited to the public;

1. 2. “Facility tours” shall mean regularly

scheduled tours of plants, factories, working farms, or institutions where the tours are conducted on a regularly scheduled daily basis for the general public without the need for reservations conducted during normal working hours of the facility. Tours shall be a minimum of thirty (30) minutes in duration. Tours shall be educational in format, informing the public how the products from the facility are produced or grown. The availability of tours shall be made known to the general public by posting the information on the facility website, pamphlets and brochures, or anywhere the hours of operation for the facility can be found. Retail outlets who do not fabricate or grow their products do not qualify; and 3.“Wineries” or “breweries” which qualify in the educational category shall mean a licensed site which produces a minimum of five hundred (500) gallons of wine and/or beer per year, which is open to the public for guided tours, tasting, and sells a minimum of one hundred (100) days per year. The tours shall meet the requirements defined under “facility tours.”

1. (F) “Area of natural beauty” shall mean a naturally occurring area of outstanding inter - est to the general public. Examples may include, but are not limited to, state or national parks, wilderness areas, lakes, rivers, canyons, or similar areas.

2. (G) “Recreational site” shall include:

   1. 1. “Recreational area” shall mean an

area that includes, but is not limited to, bicycling, boating, fishing, swimming, hiking, rafting, picnicking, snowmobiling, cross country skiing, or snow skiing;

1. 2. “Amusement parks” shall mean a per-

manent area which is open to the gener al public offering entertainment including, but not limited to, games, rides, and/or food services for all ages and is in operation more than three (3) consecutive months per year;

1. 3. “Arenas” shall mean a stadium,

sports complex, auditorium, fairgrounds, civic or convention center, or racetrack which have at least seating for five thousand (5,000) people holding public events open to all groups on at least one hundred (100) days of the year;

1. 4. “Golf course” shall mean a facil ity

open to the public and offering at least nine (9) holes of play. Miniature golf cours es, driving ranges, and indoor golf shall not be eligible; and

1. 5. “Excursion gambling boat” shall

mean a boat, ferry, or other floating facility licensed by the gaming commission on which gambling games are allowed.

1. (40) “Traffic generator” shall be a qualified entity, not including motorist services, golf courses, or excursion gambling boat, which meet the criteria of this rule.
2. (41) “Traffic Generator Program” shall mean a supplemental guide sign program, which provides guidance to qualified entities, schools, governmental agencies, and colleges meeting the criteria in this rule.
3. (42) “Traffic Generator Sign” shall mean a supplemental guide displaying the name and logo, when permissible in this rule, of the qualified entity meeting the criteria in this rule.
4. (43) “Trailblazer sign” shall mean a sign with an arrow and site name/logo information which provides directional information for any necessary turns from the furthest extent of the signing to the qualified entity’s location. Legal, off-premises, directional outdoor advertising may be substituted for trailblazer signs if erected prior to the instal lation of a Logo or TODS sign.
5. (44) “Urban Area” shall mean an area in which the population is greater than five thousand (5,000) persons.
6. (45) “Visible” shall mean that the message or advertising content of a sign, display, or device is capable of being seen without visu - al aid by a person of normal visual acuity. A sign shall be considered visible even though the message or advertising content may be seen but not read.
7. (46) “Welcome Center Affiliate” shall mean a local chamber of commerce, a local convention and visitor bureau, or an institution of higher education with an established tourism curriculum which serves to increase the number of welcome centers in Missouri without expending state funds meeting the criteria of this rule.

AUTHORITY: Art. IV, section 29, Mo. Const., section 226.535, RSMo 2000* and 23 United States Code Section 131(f). Material in this rule originally filed as 7 CSR 10-9, 7 CSR 10-17, and 7 CSR 10-22. Original rule filed Nov. 14, 2014, effective June 30, 2015.

*Original authority: 226.535, RSMo 1972.