(1) Availability
of Space.
The Department's approval of a tourist-oriented business's
application for participation in the TODS program is subject to the
availability of space as follows:
(a)
The Department will approve the application only if there is space available to
install TODS sign panels for the business as provided in Rule 1680-3-4-.06
above.
(b) When more than one
eligible tourist-oriented business applies for participation in the TODS
program at an intersection where there is not sufficient space to install TODS
sign panels for more than one business, the Department will award installation:
1. To the business from which the Department
first received a qualified application, or
2. If the Department received more than one
qualified application on the same date, the Department will award installation
to the business with the greatest eligibility distance.
(c) The Department shall refund payment of
the Initial Permit Fee (but not the Application Fee), as established in Rule
1680-3-4-.09 below, to a tourist-oriented business whose application for
participation in the TODS program has been denied based on insufficient space
in accordance with subparagraph (b) above.
(d) Where, because of insufficient space, the
Department has denied an eligible tourist-oriented business's application for a
TODS sign panel at the intersection providing the shortest eligibility
distance, the Department may approve an application by that business for a TODS
sign panel at another intersection having a greater eligibility distance where
space is available if, in the judgment of the Department, the signing would
provide suitable directional information to highway users.
(2) Seasonal Businesses.
A tourist-oriented business that is open to the public only
on a seasonal basis rather than year-round may qualify for participation in the
TODS program subject to the following additional considerations:
(a) In its application to the Department, the
business must provide a schedule of its regular seasonal dates of operation
when it is open to the public.
(b)
The business shall pay an additional Seasonal Business Fee each year, as
provided in Rule 1680-3-4-.09 below, for the placement and removal of a
"Closed" placard over the directional information portion of the TODS sign
panel, or for the temporary removal and storage and reinstallation of the TODS
sign panel, during the seasons of the year when the business is closed to the
public. This additional fee shall be payable to the Department with the
business's initial application for participation in the TODS program and with
each annual renewal of participation.
(3) Annual Renewal of Participation.
(a) After the Department has approved an
application to participate in the TODS program, the qualifying tourist-oriented
business may continue to participate in the program on a renewable annual basis
thereafter so long as the business remains in compliance with the provisions of
this Chapter and pays all applicable fees in accordance with Rule
1680-3-4-.09.
(b) The annual term
shall begin on the date the Department installs the business's TODS sign panels
on a state highway and shall expire on the anniversary of that date each year
thereafter unless timely renewed by payment of all applicable renewal
fees.
(c) The applicable annual
renewal fees are due thirty (30) days prior to the expiration of the annual
term.
(4) Inspections.
The Department may inspect a tourist-oriented business at any
time after the business has made application for participation in the TODS
program to assure that the business meets all eligibility requirements or other
requirements to qualify for continuing participation in the TODS
program.
Notes
Tenn. Comp. R. & Regs. 1680-03-04-.08
Original rule filed
April 8, 1996; effective August 28, 1996. Rule has been assigned a new control
number from 1680-11-1-.08 filed and effective February 1, 2003. Repeal and new
rule filed August 2, 2005; effective December 29,
2005.
Authority: T.C.A. ยงยง
54-5-1303 and
54-5-1306.
