PURPOSE: This rule provides information concerning obtaining, maintaining, and cost for signing.

1. (1) This rule outlines the eligibility requirements to participate in the various signing programs.
2. (2) Signs covered in this rule only apply to commission roadways and sites located within the State of Missouri unless otherwise specified in this rule.
3. (3) Requests for participation in the Logo, Tourist Oriented Directional Signing (TODS), or Traffic Generator Programs are to be submitted to the program manager by the owner or authorized representative of a qualified entity.
4. (4) Before any qualified entity is permitted to participate in the Logo, TODS, or Traffic Generator Pro grams, any existing illegal advertising devices pertaining to that qualified entity shall be removed.
5. (5) No qualified entity may discriminate or be discriminated against with regard to race, color, religion, sex, age, handicap, or national origin. Each qualified entity identified by a Logo, TODS, or Traffic Generator sign shall have furnished written and notarized certification to the program manager of its conformity with all applicable federal, state, and local laws, ordinances, rules, and regulations, and not be in breach of that certification.
6. (6) A qualified entity will enter into a participation agreement with the program manager.

7. (7) Signs may be removed after notification by certified mail a minimum of thirty (30) days in advance of permanent removal of a qualified entity’s sign for any of the following reasons:

   1. (A) Failure to pay fee;
   2. (B) Failure to meet the minimum require - ments set forth by these rules for each program type;
   3. (C) Delinquency as to any of the previous - ly mentioned violations; and
   4. (D) A sign removed for any of the reasons in subsections (7)(A)–(7)(C) will be charged a department approved fee for reinstallation. All fees paid by the qualified entity are not subject to refund.
8. (8) If a business is closed due to fire, accident, remodeling, or other emergency for more than seven (7) days, but not more than ninety (90) days, the sign will be covered to prevent inconveniencing the traveling public. The sign owner will not lose their priority or need to reapply prior to the normal expiration of its contract. Extensions of time beyond ninety (90) days may be granted; however, an owner who, due to his/her own negligence, fails to open within the ninety- (90-) day period, may lose his/her priority to occupy the space on the right-of-way. The participation agreement will not be extended due to fire, accident, remodeling, or other emergency.
9. (9) The fee to be paid will be equal to the fees established by the department. A participation agreement with the qualified entity will be executed for a term specified in each program. If an applicant chooses to not pay the fees agreed upon in the participation agreement, all signs will be removed from the commission right-of-way.

10. (10) At the end of their business season, a qualified entity not open year round will have their sign taken out of service with a “Closed” panel placed on their traffic generator sign(s), place a “Closed” panel and cover with a blue panel, or the program manager will have the authority to remove their TODS or Logo sign.

    1. (A) A qualified entity which has not received a sign(s) due to insufficient space will not utilize the space made available by a qualified entity’s sign which has been removed during the off-season.
    2. (B) A fee, approved by the commission, will be assessed to take a sign in and out of service.
11. (11) No reimbursement is allowed to any participating qualified entity due to road closures or detours established for any reason.
12. (12) The commission reserves the right to approve all sign installation locations, modify said sign(s) when necessary to comply with changed standards that might be promulgated or adopted, and/or permanently remove the sign(s) at any time, in its sole discretion, for any reason whatsoever, including for the convenience of the commission or if the commission determines removal is necessary for a highway or transportation project. In the event the commission removes the sign pursuant to the terms of this rule, the commission will not refund any portion of the original payment from the qualified entity.

AUTHORITY: Art. IV, section 29, Mo. Const., section 226.535, RSMo 2016* 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. Amended: Filed Oct. 6, 2017, effective May 30, 2018. *Original authority: 226.535, RSMo 1972.