PURPOSE: This rule defines the require - ments necessary for an entity to qualify for Logo signing.

1. (1) A qualified entity must provide one (1) or more of the following ser vices: gas, food, lodging, camping, twenty-four- (24-) hour pharmacy, or be a tourist attraction meeting the criteria found in this rule to be eligible to participate in the Logo signing program.

   1. (A) Specific service signs shall be erected only for a qualified entity located within three

2. (3) miles of the interchange as measured along the path from the interchange to the qualified entity. The measurement starting from the intersecting centerlines of the freeway and crossroad at the interchange to the nearest edge of the business structure projected at a right angle to the roadway centerline. If the capacity of the existing individual ser - vice sign for a specific business is not fully utilized, a successive three- (3-) mile incre - ment may be considered for that specific type business on a temporary basis until the space is requested by a qualified entity within the initial three- (3-) mile distance. The qualified entity occupying the space on a temporary basis will remain in place to the end of its annual participation agreement. Existing signs shall not be made larger or new signs installed to make room for qualified entities beyond the initial three- (3-) mile distance. The maximum distance allowed for each category from the interchange is equal to—

   1. 1. Gas, food, and lodging services—six

3. (6) miles;

   1. 2. Camping services or tourist attrac-

tions—fifteen (15); and

1. 3. Twenty-four- (24-) hour pharma-

cies—three (3) miles.

1. (B) Locations for mainline, ramp, and trailblazer signs must be approved by the department.
2. (C) Messages, symbols, and trademarks which resemble any official traffic control device shall not be used.
3. (D) If Logo spaces for any of the service categories mentioned in this rule remain available, then the department, at its discretion, may permit other qualifying entities in the same service category meeting the majority of the criteria to utilize the otherwise unused spaces. Those qualified entities that participate, but do not fully qualify for the program, shall be reevaluated on an annual basis. At that time, should there be a request from a fully qualifying entity to participate, the fully qualifying entity shall be given priority over a less than fully qualifying entity when considering renewal of contracts.
4. (E) A business may have Logo panels installed at a second interchange, provided it meets all the requirements as set forth in these regulations and its participation at the second interchange does not prevent another eligible business from participating in the Logo Program at that interchange. Should a qualified entity choose to participate in the Logo program at the second interchange location, the business occupying space at the second interchange will be removed when its participation agreement has expired.

5. (F) In the event that a business provides more than one (1) motorist service, it may be eligible to display a Logo panel for each service it provides on the proper specific service sign, provided the following conditions are met:

   1. 1. It meets all minimum criteria for the

service;

1. 2. It does not prevent participation by

another business which offers a sole service and would otherwise qualify for placement on the specific service sign. Should a qualified entity choose to participate in the Logo program at one (1) of the locations the business is displaying a secondary motorist service, the secondary Logo panel will be removed when its participation agreement expires; and

1. 3. Space is available on the specific ser-

vice sign.

1. (2) When more than six (6) qualified entities of the same motorist service type wish to participate in the Logo program at the same interchange, up to six (6) Logo panels for this motorist service type may be installed, or roll over, onto a second specific service sign if the second specific service sign is empty or can be subdivided as stated in the supplemental signing program rules. No more than twelve
2. (12) Logo panels for one (1) type of motorist service shall be displayed at a single interchange on a maximum of two (2) specific service signs. The qualified entities occupying space on the second specific service sign may remain in place until such time as the space is needed by other qualified entities of other motor service types not currently displayed at the interchange choose to participate in the Logo program at that interchange. When this occurs, the qualified entities which rolled over onto the second specific service will remain in place until their participation agreement expires.

3. (3) If the requests to place Logo panels on specific service signs exceed the available space, the following criteria shall be used to determine the allocation of spaces:

   1. (A) Businesses nearest to the interchange will be given priority;
   2. (B) The first six (6) qualified applicants for gas, food, lodging, camping, tourist attractions, and pharmacies shall be selected to place their Logo panels on the specific service sign. When a tourist attraction and another motor service type are combined on a single specific service sign, the first three (3) qualified tourist attractions and first three (3) of the other motor service type that share the same specific service sign shall be select ed;
   3. (C) Once all allowed similar type business - es are posted on the specific service sign at an interchange, other similar type busi nesses that are on the waiting list that are closer to the interchange shall have priority over the business furthest from the inter change that is also on the waiting list; and
   4. (D) Changes in the Logo panels displayed on the specific service sign which result from the previous rules will take place when the participation agreement for the business in question on the specific service sign expires.
4. (4) If trailblazer signs are required for qualified entities, they shall be installed at the same time or prior to the installation of the Logo panel on the mainline and ramp signs. The program manager shall determine if trailblazer signs are necessary, and the department will approve locations, if appropriate.
5. (5) Where both Tourist Oriented Directional Signing (TODS) and Logo trailblazer signing would be needed at the same intersection, the TODS signs shall incorporate the needed information from, and be used in place of, the Logo trailblazer sign.
6. (6) Mainline Logo signs shall be located on the freeway mainline between the first advanced guide sign and the exit guide sign.
7. (7) Ramp signs shall be located along the freeway interchange ramp after the gore and before the ramp terminal.

8. (8) Logo panels shall be constructed and installed as follows:

   1. (A) Only a qualified entity’s name, brand name, trademark, corporate logo, or commercial symbol shall be used. Logo and word messages shall not both be displayed on the Logo unless otherwise permitted in this rule. If a nationally, regionally, or locally recognized commercial symbol, corporate logo, or trademark is available, it should be used in preference to any other form of business identification. The department has the right to review and approve or deny the requested design— 7 CSR 10-17

      1. 1. The logo panel for a gas station/con-

venience store may display names, brand names, trademarks, corporate logos, commercial symbols, or other words, signs or symbols representing the brand of motor fuel and the convenience store name so long as the same or substantially similar words, signs or symbols are permanently displayed on the business and are the same or substantially similar to the business name, business entity, or the doing business as “dba” name as registered with the Missouri Secretary of State’s office; and

1. 2. The federal regulation on this issue, as

interpreted by Federal Highway Administration (FHWA) guidance, suggests that blended logo panels are not allowed; however, the language of the federal regulation appears to allow this compromise so long as both logos are contained in the business name, business entity, or “dba.”

1. (B) Logo panels shall not display a message which advertises a prod uct rather than identifying a business. Any exception must be approved by the department. On gas Logo panels, diesel, ethanol or E-85, Biodiesel or B20, Compressed Natural Gas or CNG, Propane, or Food Mart text may be included as a secondary message in the lower portion of the Logo panel; and
2. (C) Messages, corporate logos, symbols, or trademarks which interfere with, imitate, or resem ble any official warning or regulatory sign, signal, or traffic control device or which attempt, or appear to attempt, to direct movement of traffic are prohibited.

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.