PURPOSE: This rule defines the requirements necessary to qualify a business for logo signing.

1. (1) Qualified businesses must provide to the department written assurance of conformity with all federal and state laws requiring the qualified business to provide its services without regard to race, religion, age, color, sex or national origin, and with the laws concerning the licensing and approval of service facilities.

2. (2) A qualified business must be adjacent to the interstate or primary highway system and provide one (1) or more of the following services: gas, food, lodging, camping, pharmaceuticals or be a tourist attraction. The businesses must also meet the following criteria:

   1. (A) Gas and diesel vehicle service stations shall provide fuel, oil, water, air, restroom facilities, drinking water, a telephone avail- Transportation Commission

able for public use and be in continuous operation at least twelve (12) hours per day, seven (7) days per week. Any exceptions must be approved by the department;

1. (B) Food and restaurant facilities shall be approved and/or licensed by the state agency or political entity having jurisdiction and be in continuous operation to serve two (2) meals per day, seven (7) days per week and be open a minimum of twelve (12) hours per day. They must also provide restroom facilities and a telephone available for public use. Any exceptions must be approved by the department;
2. (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 a telephone available for public use. The facilities must have a minimum of ten

1. (10) units and sufficient off-street parking. Any exceptions must be approved by the department;

   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. Business signs for campgrounds operated on a seasonal basis will be covered with a blue background aluminum panel of appropriate size during the off season or removed during that season. Any exceptions must be approved by the department;
   2. (E) 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, have public restroom facilities, a minimum of ten (10) parking accommodations and have a minimum annual attendance of five thousand (5,000) visitors per year. Business signs for tourist attractions operated on a seasonal basis will be covered with a blue background aluminum panel of appropriate size during the off season or removed during that season. Any exceptions must be approved by the department; and
   3. (F) Pharmacies shall be continuously operated twenty-four (24) hours per day, seven (7) days per week and shall have a state-licensed pharmacist on duty at all times.

   4. (G) Specific service signs shall be erected only for a qualified business located within three (3) miles of the interchange as measured along the roadway centerline from the centerline intersection of the crossroad and interstate or primary route to the nearest edge of the business structure projected at a right angle to the roadway centerline.

      1. 1. If no qualified and participating busi-

nesses of a specific type exists within three (3) miles of the interchange, a successive three (3)-mile increment may be considered. If the capacity of the existing individual service sign for a specific business is not fully utilized, a successive three (3)-mile increment may be considered for that specific type business. All qualified businesses within a successive increment may be included but the maximum capacity of the existing sign will not be exceeded. If a qualified gas, food or lodging business later elects to participate and is located in the first three (3)-mile increment, the same specific type business located at the greatest distance away from the interchange and in the second three (3)-mile increment shall be removed upon expiration of the time period for which the space is rented.

1. 2. Gas, food and lodging services locat-

ed more than six (6) miles from the interchange shall not be eligible for signing.

1. 3. Camping services located more than

fifteen (15) miles from the interchange shall not be eligible for signing.

1. 4. Tourist attractions located more than

thirty (30) miles from the interchange shall not be eligible for signing;

1. 5. Pharmacy services located more than

three (3) miles from the interchange shall not be eligible for signing;

1. (H) Locations for specific service signs must be approved by the district office having jurisdiction;
2. (I) Messages, symbols and trademarks which resemble any official traffic control device shall not be used;
3. (J) If available logo spaces for any of the service categories mentioned in section (2) of this rule are not fully utilized by companies in strict compliance with the corresponding criteria, the department at its discretion, may permit other companies in the same service category meeting the majority of the criteria to utilize the otherwise unused spaces. These companies’ rights to utilize logo spaces shall be reevaluated on an annual basis; should the demand by companies fully meeting the criteria increase, the “all service” companies shall be given priority when considering renewal of contracts;
4. (K) A business may have logo signs 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 Sign Program at that interchange; and

5. (L) In the event that a business provides more than one (1) motorist service, it may be eligible to display a logo sign for each service it provides on the proper background sign panel, 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 background sign panel; and

1. 3. Space is available on the background

sign panel.

AUTHORITY: Art. IV, section 29, Mo. Const., section 226.535, RSMo 2000* and 23 United States Code Section 131(f). Original rule filed Feb. 10, 1989, effective Aug. 29, 1990. Rescinded and readopted: Filed Jan. 3, 1991, effective June 10, 1991. Amended: Filed Sept. 15, 1998, effective April 30, 1999. Amended: Filed March 9, 2005, effective Sept. 30, 2005. *Original authority: 226.535, RSMo 1972.