Additional Considerations For Participation

(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. TOURIST-ORIENTED DIRECTIONAL SIGNS CHAPTER 1680-3-4 (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.