70:04:07:02.  General criteria. To be considered for tourist-oriented directional signing, a business shall meet the following criteria:

          (1)  The business shall be a rural business and a tourist-oriented business;

          (2)  The business shall comply with applicable state and federal laws concerning the provision of public accommodations without regard to race, religion, color, age, sex, or national origin;

          (3)  The business shall be located within 20 miles of the signed intersection;

          (4)  The business shall be open a minimum of six hours a day, five days a week, and 12 months a year. A seasonal business may qualify if it is open six hours a day and five days a week during the seasonal period which such businesses would typically operate;

          (5)  The intersection to be signed shall be located on a highway in a rural area outside a municipality as defined by SDCL 9-1-1;

          (6)  The business may not have an on-premise sign that advertises the business visible from the highway at a distance greater than shown in the table below. Sight distance shall be evaluated for each direction of traffic. If the business has an on-premise sign that is not visible from the highway in one direction, a tourist-oriented directional sign may be allowed in the direction of traffic in which the on-premise sign cannot be seen.

          (7)  The business may not be identified by an off right-of-way directional sign as authorized in chapter 70:04:03 that is within five miles, is on the same route as, and is facing the same direction as the proposed tourist-oriented directional sign; and

          (8)  The business is not maintaining a sign which is in violation of SDCL chapter 31-29.

          Source: 20 SDR 96, effective December 29, 1993; 39 SDR 120, effective January 9, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-80.1.