(a) General requirements for specific information logo sign eligibility. To be eligible to have a business logo placed on a specific information logo sign, a commercial establishment must:
(1) offer at least one primary motorist service;
(2) be located with driveway access to the access road (frontage road), ramp, or intersecting crossroad;
(3) be visible, or have on-premise signing visible, from the commercial establishment's driveway access or the exit ramp, access road, crossroad, or intersection (or for an establishment that provides lodging, be visible from an eligible highway or an interchange on an eligible highway and be located on a street that is not more than two turns off the access or frontage road to the eligible highway); and
(4) be located not farther than three miles from an interchange on an eligible highway, but if no gas, food, lodging, or camping service participating or willing to participate in the specific information logo sign program is located within three miles of an interchange, the department may approve commercial establishments of the same service:
(5) comply with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex, or national origin; and
(6) post its hours of operation on or near the main entrance so that they are visible to the public during open and closed hours.
(b) Specific services eligibility. In addition to the general requirements for eligibility to have a business logo placed on a specific information logo sign, a commercial establishment must meet the requirements for at least one of the following primary motorist services.
(1) Gas. To be eligible to have a business logo placed on a specific information logo sign carrying the legend "GAS," a commercial establishment must provide:
(2) Food. To be eligible to have a business logo placed on a specific information logo sign carrying the legend "FOOD," a commercial establishment must provide:
(3) Lodging. To be eligible to have a business logo placed on a specific information logo sign carrying the legend "LODGING," a commercial establishment must provide:
(4) Camping. To be eligible to have a business logo placed on a specific information logo sign carrying the legend "CAMPING," a commercial establishment must provide:
(5) Pharmacy. To be eligible to have a business logo placed on a specific information logo sign carrying the legend "24 HOUR Rx," a commercial establishment must:
(c) Multiple services eligibility. If a commercial establishment offers more than one primary motorist service, it will be eligible to display a business logo for each of those services on the appropriate specific information logo sign, provided that:
(1) minimum criteria for the service as described in §25.404 of this subchapter (relating to Specifications for Information Logo Signs) are met;
(2) the additional business logo(s) would not prevent participation by another eligible commercial establishment whose sole service would be displaced; and
(3) a business logo space is available.
(d) Variances.
(1) A person may request a variance from the information logo sign program. Requests for variances will only be considered if the existing requirements preclude participation in the program.
(2) A variance may be requested for a waiver of:
(3) A person may submit a request for a variance to the department's local district engineer indicating:
(4) The department may require additional documentation following generally accepted engineering standards, which may include, but not be limited to:
(5) The executive director may grant a variance if he or she determines it is feasible to place the sign at the requested location and the sign meets the requirements of the Texas MUTCD; and
(6) The executive director will indicate the reason for granting or denying a variance in writing.
Source Note: The provisions of this §25.405 adopted to be effective November 17, 2005, 30 TexReg 7497; amended to be effective June 19, 2008, 33 TexReg 4685; amended to be effective January 7, 2015, 40 TexReg 102