Section 1680-03-04-.04 - ELIGIBILITY FOR PARTICIPATION IN PROGRAM(1) Required Characteristics of a Tourist-Oriented Business. In general, participation in the TODS program of this State is open to tourist-oriented businesses that are unique and local in nature and located in a rural area. More specifically, to be eligible for identification on a TODS sign panel, a tourist-oriented business shall have each of the following characteristics:
(a) It shall offer lawful cultural, historical, recreational, agricultural, educational, entertainment, or commercial activities, services and/or products to the general public.(b) It shall be unique and local in nature, and not part of a chain of businesses having a common name under common ownership and management or under a franchise arrangement.(c) It shall derive the major portion of its income or visitors, during its normal business season, from highway users residing outside the immediate area of the business.(d) It shall have a permanent location:1. In a rural area, as defined in this Chapter; and2. On a local road within ten (10) miles of the nearest intersection with a state highway where a TODS sign may be located in accordance with Rule 1680-3-4-.06 of this Chapter.(e) It shall be open to the public on a regular schedule, at least five (5) days per week and eight (8) hours per day (holidays excepted), throughout the year; provided, however, that a tourist-oriented business open on a seasonal basis may be eligible for participation in the TODS program, as provided in Rule 1680-3-4-.08 of this Chapter.(f) It shall have a telephone, restrooms and drinking water available to visitors; provided, however, that this requirement shall not apply to seasonal tourist-oriented businesses offering agricultural activities, services or products.(g) If any general admission is charged, the costs of admission shall be clearly displayed to the prospective visitors at the entrance to the business.(2) Legal Requirements. In addition, to be eligible for participation in the TODS program, a tourist-oriented business shall comply with each of the following legal requirements:
(a) It shall comply with all applicable laws and regulations concerning the provision of public accommodations without regard to race, religion, color, age, sex, national origin, disability or other category protected by Federal, State or local law.(b) It shall have all licenses required by any governmental agency having authority to regulate the business.(c) It shall comply with all applicable local zoning ordinances and regulations.(d) It shall comply with all applicable Federal, State and/or local regulations for public accommodations with respect to health, sanitation and safety.(e) It shall not have any illegal advertising signs on or along any state highway, as provided in the Federal Highway Beautification Act of 1965, 23 U.S.C. § 131, the Tennessee Billboard Regulation and Control Act of 1972, T.C.A. § 54-21-101, et seq., and regulations promulgated thereunder for the control of outdoor advertising.(3) Multiple Signing Prohibited.(a) A tourist-oriented business offering multiple activities, services and/or products to the public shall not be eligible for separate TODS sign panels for separate portions of the business but only as a single entity.(b) Any tourist-oriented business for which the Department has erected a supplemental guide sign in accordance with Chapter 1680-3-2 of the Rules of the Tennessee Department of Transportation shall not be eligible for participation in the TODS program under this Chapter.(c) A tourist-oriented business for which the Department has erected a logo sign in accordance with Chapter 1680-3-3 of the Rules of the Tennessee Department of Transportation, but which is eligible for a TODS sign under this Chapter, shall not be permitted to have a Logo Program trailblazer sign under Chapter 1680-3-3 at the same intersection.Tenn. Comp. R. & Regs. 1680-03-04-.04
Original rule filed April 8, 1996; effective August 28, 1996. Rule has been assigned a new control number from 1680-11-1-.04 filed and effective February 1, 2003. Repeal and new rule filed August 2, 2005; effective December 29, 2005.Authority: T.C.A. §§ 54-5-1301, 54-5-1302, 54-5-1303 and 54-5-1306(d).