PURPOSE: This rule provides definitions of terms.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. 7 CSR 10-22

1. (1) Advertising agreement shall mean a contract between the program manager and each eligible attraction participating in the Tourist Oriented Directional Signing (TODS) Program.
2. (2) Commercial activity shall mean any business or service activity generally recognized as commercial by zoning authorities in this state.
3. (3) Commission shall mean the Missouri Highways and Transportation Commission.
4. (4) Department shall mean the Missouri Department of Transportation.
5. (5) Director shall mean the director of the Missouri Department of Transportation.
6. (6) Eligible attraction shall mean any tourist oriented activity that meets all of the criteria listed in section (20) of 7 CSR 10-22.020.
7. (7) Expressway shall mean a divided highway with partial control of access.
8. (8) Fee shall mean the amount of money assessed an eligible attraction annually for participation in the program.
9. (9) Freeway shall mean a divided highway with full control of access.
10. (10) Interchange shall mean a system of interconnecting roadways in conjunction with one (1) or more grade separations that provides for the movement of traffic between two
11. (2) or more roadways or highways on different levels.
12. (11) Intersection shall mean the at-grade crossing of a state or United States highway and any other dedicated public roadway.
13. (12) Intersection leg shall mean a road leading away from or towards an intersection. They may be to the right, left, or straight ahead.
14. (13) Interstate system shall mean the national system of interstate and defense highways located in Missouri as officially designated by the Missouri Highways and Transportation Commission in accordance with Title 23 of the United States Code which is incorporated by reference in this rule.
15. (14) Minor traffic generator sign shall mean signs prescribed under 7 CSR 10-17.010(3). 7CSR 10-22—DEPARTMENT OF TRANSPORTATION
16. (15) Program manager shall mean a person or entity awarded the administrative services contract for the purpose of operating the TODS Program and is authorized by the department to sign an advertising agreement for marketing, management, installation and maintenance of the TODS in accordance with these rules.
17. (16) Right-of-way permit shall mean a permit issued by the director, or its designee, to the program manager to occupy the highway right-of-way in or on the approaches to an intersection.
18. (17) Scenic byway shall mean a section of highway designated by the commission in accordance with 7 CSR 10-12.
19. (18) Service life shall mean the period of time during which a sign is in serviceable condition.
20. (19) Serviceable condition shall mean that a sign has not deteriorated due to loss of reflectivity, vandalism, accident, or natural disaster, to the point where the sign is unable to effectively perform its intended function. Signs with less than fifty percent (50%) of the minimum coefficient of retro-reflection requirements for new sheeting as required in the Missouri Standard Specifications for Highway Construction, section 1042.2.7.3, which is incorporated by reference in this rule, reflective sheeting Type 1 or 2, or that are judged to provide inadequate reflectivity, or have sustained significant damage are not in serviceable condition.

21. (20) Tourist oriented activity shall mean any natural phenomenon, historic site, cultural site, recreational site, educational site, museum, 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 at which is no less than two thousand (2,000) customers in any consecutive twelve (12)-month period.

    1. (A) Natural phenomenon shall mean a feature created by nature. Examples may include, 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 significance 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 the public.

    5. (E) Educational site shall include, but is not limited to:

       1. 1. Zoological or botanical park, which

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

1. 2. Winery or brewery, which 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 sales a minimum of three hundred twenty (320) hours per year and provides an educational format for informing visitors about wine and/or beer processing.

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

2. (G) Recreational site shall include:

   1. 1. Recreational area, which shall mean

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

1. 2. Amusement parks, which shall mean

a permanent area which is open to the general public for three (3) or more of the following activities: picnicking, hiking, swimming, boating, entertainment rides, food services, etc., and is in operation more than three (3) months per year;

1. 3. Arenas, which shall mean a stadium,

sports complex, auditorium, fairgrounds, civic or convention center or racetrack which holds public events open to all groups on at least forty-five (45) days of the year; and

1. 4. Golf course, which shall mean a facil-

ity open to the public and offering at least nine (9) holes of play. Miniature golf courses, driving ranges, chip-and-putt courses and indoor golf shall not be eligible.

1. (21) Tourist Oriented Directional Signs (TODS) shall mean signs conforming to the specifications contained in the appropriate section of the federal Manual on Uniform Traffic Control Devices, which is incorporated by reference in this rule and this chapter.
2. (22) Trailblazing signs shall mean signs that are installed on the road leading away from an intersection directing motorist to eligible attractions, which are signed on an eligible leg, that are not visible from said intersection. Transportation Commission

AUTHORITY: Art. IV, section 29, Mo. Const., sections 226.020, 226.130 and 226.525, RSMo 2000.* Original rule filed Feb. 8, 1999, effective Sept. 30, 1999. Amended: Filed Oct. 10, 2001, effective April 30, 2002.

*Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; and 226.525, RSMo 1972, amended 1999.