PURPOSE: This rule defines the requirements necessary to qualify an attraction for TODS signing.

1. (1) No eligible attraction may discriminate or be discriminated against with regard to race, color, religion, sex, age, handicap or national origin. Each eligible attraction identified by Tourist Oriented Directional Signs (TODS) 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 shall not be in breach of that certification. Such certification shall be provided to the program manager before any TODS for that eligible attraction are constructed or installed.
2. (2) Tourist oriented activities wishing to participate in the TODS Program shall apply for the program on a form provided by the program manager and submit the applicable application fee. If the program manager finds the application to be complete and determines that the activity constitutes an eligible attraction and that TODS can be provided, the program manager shall so notify the applicant in writing. Upon receipt of the notice, the applicant shall forward to the program manager, the amount of the fee and thereupon shall execute an advertising agreement with the program manager.
3. (3) Before any tourist oriented activity is permitted to participate in the TODS Program, any existing illegal advertising devices pertaining to that tourist oriented activity shall be removed. The program manager shall contact in writing the department’s Division of Right-of-Way to determine the existence of illegal advertising devices. If within thirty (30) calendar days no answer is received from the Division of Right-of-Way, the program manager shall assume there are no illegal advertising devices in place pertaining to that activity.

4. (4) On scenic byways, only those tourist oriented activities and businesses that meet the following criteria may be considered for the TODS Program:

   1. (A) Is within fifteen (15) miles of the intersection for which signing is sought;

   2. (B) If the tourist oriented activity offers fuel, the following additional criteria apply:

      1. 1. Provide vehicle services to include

fuel, oil and water;

1. 2. Provide public restroom facilities and

drinking water; and

1. 3. Be in continuous operation twelve

1. (12) hours a day, seven (7) days a week;

   1. (C) If the tourist oriented activity offers food the following additional criteria apply:

      1. 1. Serve at least two (2) meals per day;
      2. 2. Display valid permit/license from the

state agency or political entity having jurisdiction; and

1. 3. Provide public restroom facilities and

telephone available for public use;

1. (D) If the tourist oriented activity offers lodging the following additional criteria apply:

   1. 1. Display valid permit/license from the

state agency or political entity having jurisdiction; and

1. 2. Provide adequate sleeping accommo-

dations and a telephone for public use; and

1. (E) If the tourist oriented activity offers camping the following additional criteria apply:

   1. 1. Display valid permit/license from the

state agency or political entity having jurisdiction; and

1. 2. The campground shall have sanitary

facilities and water approved by the state of Missouri, Department of Health.

1. (5) A tourist oriented activity is eligible for signing at intersections within a thirty (30)- mile radius of the location of that activity.
2. (6) If the intersection crossroad is not a state or United States highway, the program manager shall notify the appropriate governmental authority that TODS will be erected directing traffic across their roadway facility. If trailblazing signs are required, the program manager shall obtain consent legislation or written permission from the appropriate local legislative body. The form, content and any modifications or special clauses to the con- 7 CSR 10-22

sent legislation shall have the prior approval of the director. No consent shall be considered binding without the required approval of the director.

1. (7) If trailblazing signs are required for a tourist oriented activity, and permission for erecting trailblazing signs cannot be obtained from the appropriate local authorities having jurisdiction that particular activity shall not be eligible for TODS at that intersection.
2. (8) At eligible intersection legs—if a new tourist oriented activity is established, or if a nonparticipating tourist oriented activity is interested in participating in the TODS Program, the tourist oriented activity may request to participate in the program. Additional applications will be considered in accordance with the priorities already established.
3. (9) If an eligible attraction, for which TODS are in place, ceases to be an eligible attraction, the signs shall be removed and participation in the program may be offered to the next eligible attraction.

4. (10) If an eligible attraction for which TODS are in place is sold, the new owner(s) shall submit a new program application. The previous owners shall be reimbursed by the program manager for any prepaid fees beyond the date of the termination of their advertising agreement. If the tourist oriented activity continues to be an eligible attraction the existing signs may remain in place, or if required, new signs may be installed.

   1. (A) New signs shall be required if the name, logo or symbol changes. For the purposes of this paragraph, overlays are not permitted.
   2. (B) A simple change of ownership does not constitute justification for erecting new signs.

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.