5501:2-6-05 Business eligibility.

(A) Only those businesses that provide motorist services may be considered for this program. Some businesses may qualify for more than one service and may be included on any specific service sign for which they qualify. A business shall not have its logo sign panel displayed on any specific service sign except for the service type for which it qualifies. In order to be eligible a business shall meet the following criteria:

(1) Provide public telephone.

(2) Be located where motorists can enter the business without making an illegal maneuver.

(3) In addition to the criteria listed above, the following criteria apply to specific motorist services.

(a) Gas

(i) Be located within three miles driving distance of the nearest ramp terminus.

(ii) Provide vehicle services to include gas, and/or diesel, and/or alternative fuel.

(iii) Provide public restroom facilities and drinking water.

(iv) Be in continuous operation for at least sixteen hours a day, seven days a week, all weeks of the year.

(b) Food

(i) Be located within three miles driving distance of the nearest ramp terminus.

(ii) Provide seating capacity for twenty-four or more persons.

(iii) Serve meals for at least twelve consecutive hours for at least three hundred sixty days per year except as provided for in paragraph (H) of rule 5501:2-6-05 of the Administrative Code.

(iv) Display valid permit from the Ohio department of health or appropriate public agency as required by law.

(i) Be located within three miles driving distance of the nearest ramp terminus.

(ii) Provide eight or more units of overnight accommodations, each unit consisting of at least a sleeping room and bathroom.

(iii) Be in continuous operation for twenty-four hours a day, seven days a week, all weeks of the year.

(iv) Possess valid permit from the appropriate public agency, as required by law.

(d) Camping

(i) Be located within three miles driving distance of the nearest ramp terminus, except that if within the three mile limit no campgrounds are available, the limit of eligibility may be extended in three mile increments until one or more campgrounds, or fifteen miles, whichever comes first, is reached.

(ii) The access road to the campground shall have an adequate all weather surface suitable for safe operation of a car and camping trailer.

(iii) The camping area and all facilities shall be available twenty-four hours a day on a yearly basis. Where the camping area fully complies with all other criteria, but is open only during the portion of the year normally associated with camping (early spring to late fall), seasonal signing may be approved which shall be in place only when the camping area is open.

(iv) The campground shall not be operated on a “reservation only” basis.

(v) The campground shall provide a minimum of fifty well defined campsites capable of accommodating a tent, a tent-trailer, pickup camper, travel trailer, or motor coach.

(vi) The campground shall have sanitary facilities and water approved by the state of Ohio, department of health.

(vii) The campground shall provide toilets and shower accommodations and have hot and cold running water. Janitorial service must be provided daily for the toilet and shower facilities.

(viii) The campground operator shall provide refuse and sewage disposal facilities in accordance with any rule contained in Chapter 3701-25 of the Administrative Code.

(ix) Any food service operation at the campground shall meet the requirements of Chapter 3717. of the Revised Code and any rule contained in Chapter 3717-1 of the Administrative Code.

(x) The campground shall have a current permit from the local health department.

(xi) Every campground shall have rules and regulations applying to the operation of the campgrounds posted in a conspicuous location.

(xii) The area shall be restricted to registered campers only, and rates applying to the campsite shall be posted.

(xiii) The grounds within the area shall be properly drained and maintained neat and clean at all times.

(xiv) The area shall be protected from natural and unnatural hazards which may exist.

(xv) The main circulatory roads shall be well drained and maintained dust free.

(e) Attractions

(i) Be located within three miles driving distance of the nearest ramp terminus for an attraction located in an urban area or within fifteen miles driving distance of the nearest ramp terminus for an attraction located in a rural area.

(ii) Have regional significance.

(iii) Provide adequate parking accommodations.

(iv) Provide public restroom facilities and drinking water.

(v) Except for an arena, stadium, convention center, or not-for-profit attraction, be open at least five days per week, one of which must be either a Saturday or Sunday, for a minimum of forty hours per week, throughout the normal business season for that particular type attraction.

(vi) For a not-for-profit attraction, be open at least fifteen hours per week throughout the normal business season for that particular type attraction.

(B) When there are more than six businesses eligible for signing on a specific service sign, those businesses nearest the exit ramp terminal of an interchange shall be given first priority for available spaces on that specific service sign.

(C) If a participating business is sold to a similar service, the new owner shall complete an application. If eligible, the new business may have its logo sign panel displayed on the existing specific service signs.

(D) If a participating business is sold for a different use or withdraws from the logo program, or no longer meets the eligibility requirements of rule 5501:2-6-05 of the Administrative Code, and has its logo sign panel removed pursuant to rule 5501:2-6-09 of the Administrative Code, participation in the logo program shall be offered to the qualified business nearest the exit ramp terminal of the interchange.

(E) Before any business is permitted to participate in this program, any existing illegal signs pertaining to that business shall be removed. The program manager shall contact the department’s advertising device control section, to determine the existence of illegal signs. If within fifteen days no answer is received, the program manager shall assume there are no illegal signs in place pertaining to that business.

(F) No business may discriminate or be discriminated against with regard to race, color, religion, sex, age, or national origin. Each business identified by a logo sign panel shall have furnished written and notarized certification to the director, through the program manager, of their conformity, with all applicable federal, state and local laws, ordinances, rules and regulations, and shall not be in breach of that certification. Such certification shall be provided before any logo sign panel for that business is erected.

(G) Every two years the program manager shall verify that each business remains in compliance with all appropriate rules, regulations, agreements and other specific service sign program documents and shall furnish written certification of this fact to the director.

(H) If space is available on a food specific service sign, a food service that is closed one day per week may be permitted to have their logo sign displayed. This business shall meet all other eligibility criteria. The logo sign for any such business shall contain the supplemental message “closed ___day” in accordance with rule 5501:2-6-06 of the Administrative Code. Said business shall be referred to as a”marginally qualified food service.”

(I) An attraction that would otherwise be eligible to participate in the logo program at a particular interchange shall not have their logo displayed at that interchange if state provided directional signs for that attraction are in place at that interchange. Attractions wishing to participate in the logo program at a particular interchange may request removal of state provided directional signs for that attraction.

Effective: 11/01/2007

R.C. 119.032 review dates: 08/10/2007 and 11/01/2012

Promulgated Under: 119.03

Statutory Authority: 4511.101

Rule Amplifies: 4511.101, 5516.02

Prior Effective Dates: 9/15/91, 3/14/96, 10/6/97, 8/3/01, 7/12/04, 7/22/05