Tenn. Comp. R. & Regs. 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; and
2. 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.
Notes
Authority: T.C.A. §§ 54-5-1301, 54-5-1302, 54-5-1303 and 54-5-1306(d).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.