eLaws | eCases | State of Arizona |
 Arizona Administrative Code (Last Updated: November 17, 2016)
 Title 17. TRANSPORTATION
 Chapter 3. DEPARTMENT OF TRANSPORTATION HIGHWAYS
 Article 9. HIGHWAY TRAFFIC CONTROL DEVICES

  Section R17-3-902. Logo Sign Programs  

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  • A.      Definitions.

    “Attraction” means any of the following:

    “Arena” means a facility that has a capacity of at least 5000 seats, and is a:

    Stadium or auditorium;

    Track for automobile, boat, or animal racing; or

    Fairground that has a tract of land where fairs or exhibitions are held and permanent buildings that include bandstands, exhibition halls, and livestock exhibition pens.

    “Cultural” means an organized and permanent facility that is open to all ages of the public, and is a:

    Facility for the performing arts, exhibits, or con- certs; or

    Museum with professional staff, and an artistic, his- torical, or educational purpose, that owns or uses tangible objects, cares for them, and exhibits them to the public.

    “Domestic farm winery” means a site licensed by the Ari- zona Department of Liquor Licenses and Control under

    A.R.S. § 4-205.04 that produces at least 200 gallons and not more than 40,000 gallons of wine annually that is commercially packaged for off-premises sale, and is open to the public for tours to provide an educational format for informing visitors about wine.

    “Domestic microbrewery” means a site licensed by the Arizona Department of Liquor Licenses and Control under A.R.S. § 4-205.08 that produces not less than 5000 gallons of beer in each calendar year following the first year of operation and not more than 1.24 million gallons of beer in a calendar year, and is open to the public for tours to provide an educational format for informing visi- tors about beer.

    “Dude ranch” means a facility offering overnight lodging, meals, horseback riding, and activities related to cattle ranching;

    “Farm-related” means an established area or facility where consumers can purchase directly from Arizona producers locally-grown, consumer-picked or pre-picked produce, or local products produced from locally-grown produce.

    “Golf course” means a facility offering at least 18 holes of play. Golf course excludes a miniature golf course, driving range, chip-and-putt course, and indoor golf.

    “Historic” means a structure, district, or site that is listed on the National or Arizona Register of Historic Places as being of historical significance, and includes an informa- tional device to educate the public about the facility’s his- toric features.

    “Mall” means a shopping area with at least 1 million square feet of retail shopping space.

    “Recreational” means a facility for physical exercise or enjoyment of nature that includes at least one of the fol- lowing activities: walking, hiking, skiing, boating, swim- ming, picnicking, camping, fishing, playing tennis, horseback riding, skating, hang-gliding, and climbing;

    “Scenic tours” means a business that offers guided tours of scenic areas in Arizona through various means, includ- ing air, motorized vehicle, animal, walking, or biking; “Average annual daily traffic” means the total volume of traffic passing a point or segment of an interstate or other state highway in both directions for one year, divided by the number of days in the year, adjusted for hours of the day counted, days of the week, and seasons of the year.

    “Business” means an entity that provides a specific ser- vice open for the general public and is located on a road-

    way within the required distance of an interstate or other state highway.

    “Contract” means a written agreement between a contrac- tor and the Department to operate a logo sign program or any aspect of a logo sign program that describes the obli- gations and rights of both parties.

    “Contractor” means a person or entity that enters into an agreement with the Department to operate a logo sign program or any aspect of a logo sign program, and that is responsible for those aspects of a logo sign program as provided in the contract.

    “Department” means the Arizona Department of Trans- portation.

    “Exit ramp” means a roadway by which traffic may leave a controlled access highway.

    “FHWA” means the Federal Highway Administration of the U.S. DOT.

    “Food court” means a collective food facility that exists in one contiguous area and contains a minimum of three separate food service businesses.

    “Highway” has the same meaning as prescribed in A.R.S.

    § 28-101.

    “Interchange” means the point at which traffic on a sys- tem of interconnecting roadways that have one or more grade separations, moves from one roadway to another at a different level.

    “Intersection”  has   the  same meaning  as  prescribed   in

    A.R.S. § 28-601.

    “Interstate system” has the same meaning as prescribed in

    A.R.S. § 28-7901.

    “Lease agreement” means a written contract between a contractor and a responsible operator, or between the Department and a responsible operator, to lease space for a responsible operator’s logo on a contractor’s or the Department’s specific service information sign.

    “Logo” means an identification brand, symbol, trade- mark, name, or a combination of these, for a responsible operator.

    “Logo sign” means a specific service information sign consisting of a lettered board attached to a separate rect- angular panel that displays an identification brand, sym- bol, trademark, name, or a combination of these, for a responsible operator.

    “Logo sign panel” means a separate rectangular panel on which a logo is placed.

    “Municipality” means an incorporated city or town.

    “MUTCD” means the Manual on Uniform Traffic Con- trol Devices, a national standard for the design and appli- cation of traffic control devices that is published by the

    U.S. DOT/FHWA and that is the standard for traffic con- trol devices on the streets and highways of this state as required by A.R.S. § 28-641.

    “Primary business” means:

    A gas service business that is within three miles of an intersection or exit ramp; is in continuous opera- tion to provide services at least 16 hours per day, seven days per week for the interstate system; and

    12 hours per day, seven days per week, for other highways;

    A food service business that is within three miles of an intersection or exit ramp terminal and is in con- tinuous operation to serve at least two meals per day at least six days per week;

    A lodging service business that is within three miles of an intersection or exit ramp terminal;

    A camping service business that is within five miles of an intersection or exit ramp terminal;

    An attraction service business, or staging area of that business, that is within three miles of an intersection or exit ramp terminal; or

    A 24-hour pharmacy that is within three miles in any direction of an interchange or exit ramp terminal on the interstate system.

    “Ramp terminal” means the area where an exit ramp intersects with a roadway.

    “Responsible operator” means a person or entity that: Owns or operates an eligible business, pursuant to subsection (C) of this Section,

    Has authority to enter into a lease,

    Enters into a lease for a logo sign through the rural or urban logo sign program, and

    Has not become ineligible to participate.

    “Rural logo sign program” means a system to install and maintain specific service information signs on a rural state highway outside of an urbanized area, as provided in A.R.S. § 28-7311(E)(2).

    “Rural state highway” means any class of state highway, located outside of an urbanized area as provided in A.R.S. § 28-7311 (E)(2).

    “Secondary business” means a business as follows:

    A gas service business that is within three to 15 miles of an intersection or exit ramp terminal, and is in continuous operation to provide services at least eight hours per day, five consecutive days per week;

    A food service business that is within three to 15 miles of an intersection or exit ramp terminal, and is in continuous operation to serve at least two meals per day (either breakfast and lunch, or lunch and dinner) for a minimum of five consecutive days per week;

    A lodging service business that is within three to 15 miles of an intersection or exit ramp terminal;

    A camping service business that is within five to 15 miles of an intersection or exit ramp terminal; or

    An attraction service business, or staging area of that business, that is within three to 15 miles of an inter- section or exit ramp terminal.

    “Specific service” means gas, food, lodging, camping, attractions, or 24-hour pharmacies.

    “Specific service information sign” means a rectangular sign panel that contains directional information, one or more logos, and the following words:

    “GAS,”   “FOOD,”   “LODGING,”    “CAMPING,” “ATTRACTION,” OR “24-HOUR PHARMACY.”

    “Staging area” means a regular, designated site where a scenic tour begins.

    “State highway” has the same meaning as prescribed in

    A.R.S. § 28-101.

    “Trailblazing sign” means a specific service information sign that provides additional directional guidance to a location, route, or building from another highway or roadway.

    “Urbanized area” has the same meaning as prescribed in A.R.S. § 28-7311(E)(2).

    “Urban logo sign program” means a system to install and maintain specific service information signs on an inter- state system or other state highway within an urbanized area, as provided in A.R.S. § 28-7311.

    “U.S. DOT” means the United States Department of Transportation.

    B.       Administration.

    1.        The Department may operate an urban and a rural logo sign program, or may select a contractor to administer an urban and a rural logo sign program. An urban logo sign program may be implemented on state highways in any urbanized areas in the state. A rural logo sign program may be implemented on state highways located outside of urbanized areas in the state. If the Department utilizes a contractor to administer an urban and a rural logo sign program, the Department shall solicit offers, as provided in A.R.S. §§ 41-2501 through 41-2673, to select a con- tractor.

    2.        The Department may contract separately for an urban and a rural logo sign program.

    3.        A contract shall specify the standards that a contractor shall use, which are contained in the MUTCD, U.S. DOT/ FHWA current edition as adopted by the Department under A.R.S. § 28-641 and any other requirements and standards prescribed by the Department.

    4.        The Department may propose its own form of a written lease agreement with a responsible operator. The Depart- ment shall prescribe the form of any written lease agree- ment between a contractor and a responsible operator. A contractor’s lease agreement with a responsible operator shall include, by reference, the terms and conditions of the Department’s contract with a contractor under A.R.S.

    §§ 41-2501 through 41-2673. A contractor or the Depart- ment may terminate program participation of any respon- sible operator under subsection (C)(1) of this Section.

    C.      Eligibility criteria for primary and secondary businesses.

    1.        Any business is ineligible to place a logo on a logo sign panel on a particular state highway if it already has a highway guide sign installed on that state highway by a contractor or the Department. Any business is ineligible for program participation if:

    a.        Thirty calendar days have elapsed since a contractor or the Department issued a notice of default to a business, during which time a business failed to cure the default, or

    b.        A business has defaulted on a lease.

    2.        Gas service business. To be eligible to place a logo on a logo sign panel, a gas service business shall:

    a.        Provide gasoline, diesel fuel, oil, and water for pub- lic purchase or use;

    b.        Provide sanitary restroom facilities and drinking water;

    c.        Provide a telephone available for public use; and

    d.        Meet the additional requirements for a primary or secondary gas service business in the definition of a primary or secondary business in subsection (A) of this Section.

    3.        Food service business. To be eligible to place a logo on a logo sign panel, a food service business shall:

    a.        Provide sanitary restroom facilities for customers;

    b.        Provide a telephone available for public use;

    c.        If a food service business is part of a food court located within a shopping mall, the shopping mall may qualify as the responsible operator if the food court:

    i.         Complies with this Section, and

    ii.        Has clearly identifiable, on-premise signing consistent with the logo sign that is sufficient to guide motorists directly to the entrance to the food court.

    d.        Have a license where required; and

    e.        Meet the additional requirements for a primary or secondary food service business in the definition of a primary or secondary business in subsection (A) of this Section.

    4.        Lodging service business. To be eligible to place a logo on a logo sign panel, a lodging service business shall:

    a.        Provide five or more units of sleeping accommoda- tions;

    b.        Provide a telephone available for public use;

    c.        Have a license, where required;

    d.        Provide sanitary restroom facilities for customers; and

    e.        Meet the additional requirements for a primary or secondary lodging service business in the definition of a primary or secondary business in subsection (A) of this Section.

    5.        Camping service business. To be eligible to place a logo on a logo sign panel, a camping service business shall:

    a.        Be able to accommodate all common types of travel trailers and recreational vehicles;

    b.        Have a license, where required;

    c.        Provide sanitary restroom facilities and drinking water;

    d.        Be available on a year-round basis unless camping in the community is of a seasonal nature in which case, the facilities in question shall be open to the public 24 hours per day, seven days per week during the entire season; and

    e.        Meet the additional requirements for a primary or secondary camping service business in the definition of a primary or secondary business in subsection (A) of this Section.

    6.        Attraction service business. To be eligible to place a logo on a logo sign panel, an attraction service business shall meet the following requirements, if applicable:

    a.        Derive less than 50% of its sales from:

    i.         The sale of alcohol consumed on the premises, or

    ii.        Gambling.

    b.        Derive more than 50% of its sales or visitors during the normal business season from motorists who do not reside within a 25-mile radius of the business.

    c.        Provide at least 10 parking spaces.

    d.        Provide historical, cultural, amusement, or leisure activities to the public.

     

    e.     Be in continuous operation at least six hours per day,

     

    panel based on the following additional factors in the

    six days per week, except:

     

    order listed below:

    i.      An arena attraction shall hold events at least 28

     

    a.     The responsible operator situated closest to the high-

    days annually;

     

    way intersection or exit ramp terminal;

    ii.     A cultural attraction shall be open at least 180

     

    b.     A gas service business or a food service business

    days annually;

     

    that provides the most days and hours of service to

    iii.   A domestic farm winery or domestic micro-

     

    the public; and

    brewery shall be open for tours at least 40 days

     

    c.      The  first-in-time,   eligible  responsible  operator  to

    annually;

     

    request placement of a logo on a logo sign panel.

    iv.    A farm-related attraction shall be open at least

     

    6.     If a potential responsible operator requests placement of a

    120 days annually; or

     

    logo on a specific service information sign panel at a

    v.     A dude ranch shall be open at least 150 days

     

    highway intersection or interchange where there are no

    annually.

     

    available placements, and does so no later than 90 calen-

    f.      Meet the additional requirements for a primary or

     

    dar days before the first expiration of an existing lease

    secondary attraction service business in the defini-

     

    with a lower-ranked responsible operator at that location,

    tion of a primary or secondary business in subsec-

     

    a contractor or the Department may award a lease to the

    tion (A) of this Section.

     

    highest-ranked responsible operator at that location. A

    7.     Twenty-four hour pharmacy business. To be eligible to

     

    contractor or the Department may establish a waiting list

    place a logo on a logo sign panel, a 24-hour pharmacy

     

    of requesting businesses and potential responsible opera-

    business shall:

     

    tors.

    a.     Operate continuously 24 hours per day, seven days

     

    7.     A contractor or the Department may choose not to renew

    per week;

     

    an existing lease or a lease expiring within the next 90

    b.     Have  a  state-licensed  pharmacist  present   and  on

     

    calendar days, if another eligible business with higher

    duty at all times; and

     

    priority requests placement of a logo on a specific service

    c.     Meet the additional requirements for a primary 24-

     

    information sign panel at the same location.

    four hour pharmacy business in the definition of a

    E.

    Secondary businesses.

    primary business in subsection (A) of this Section.

     

    1.     Lease limitations. For a secondary business, a contractor

    D.

    Responsible operator pricing and lease procedures.

     

    or the Department may enter into a lease for up to five

     

    1.     In the rural and urban logo sign programs, a contractor or

     

    years or renew a lease for up to five years, with the fol-

     

    the Department may use:

     

    lowing terms:

     

    a.     Rate schedules that are established and periodically

     

    a.     A  contractor   or  the   Department  shall  review  the

     

    adjusted by the Department; or

     

    lease of a responsible operator at the beginning of

     

    b.     Competitive  pricing  established  by   one  or  more

     

    the 24th month of the lease term to determine if the

     

    offers from potential or current responsible opera-

     

    responsible operator complies with all other terms of

     

    tors.

     

    the lease;

     

    2.     A contractor or the Department may use competitive pric-

     

    b.     After  the  24-month   review,  a   contractor  or  the

     

    ing or rate schedules to determine the ranking order of

     

    Department may terminate the lease and remove the

     

    potential or current responsible operators who may be

     

    appropriate logo from the logo sign panel if another

     

    awarded a logo sign lease at each appropriate highway

     

    eligible business with higher priority requests lease

     

    interchange or location.

     

    space for a logo on a logo sign panel; and

     

    3.     Along with the amount of available signage, competitive

     

    c.      A  contractor   or  the  Department  shall  notify  a

     

    pricing or rate schedules may be based on any one or a

     

    responsible operator at least 90 calendar days before

     

    combination of the following additional factors:

     

    terminating the lease and removing a logo from the

     

    a.     The average, annual, daily traffic at, or adjacent to,

     

    logo sign panel.

     

    the highway location of the specific service informa-

     

    2.     A contractor or the Department may display the follow-

     

    tion sign;

     

    ing additional information on a specific service informa-

     

    b.     The   population   mix    and   relative   distribution

     

    tion sign for a secondary business, as space allows, based

     

    between  primary   and  secondary  businesses  that

     

    on the following ranking order:

     

    appear to meet all the program requirements;

     

    a.     Distance,

     

    c.     The ranking order determined by a contractor or the

     

    b.     Days and hours of operation, and

     

    Department as established by competitive pricing

     

    c.      Seasonal operation.

     

    proposed or offered by potential or current responsi-

    F.

    Contractor or Department responsibility.

     

    ble operators, or rate schedules, at each appropriate

     

    1.     A contractor shall follow all Department design standards

     

    highway interchange or location; or

     

    and specifications for all sign panels, supports, and mate-

     

    d.     The competitive market conditions, as well as eco-

     

    rials, as provided in the contract and the MUTCD.

     

    nomic, regulatory, logistical, and other related fac-

     

    2.     A contractor or the Department shall ensure that a busi-

     

    tors as determined by the Department.

     

    ness complies with all criteria established in this Section.

     

    4.     If any of the factors in subsection (D)(3) of this Section

     

    A contractor or the Department may choose not to enter

     

    are used in competitive pricing or rate schedules, a con-

     

    into a lease agreement or renew a lease agreement if the

     

    tractor or the Department shall make information relevant

     

    eligibility criteria in subsection (C) of this Section are not

     

    to these factors available to businesses on the contractor’s

     

    met. If a responsible operator becomes ineligible to place

     

    or the Department’s website.

     

    a logo on a logo sign panel, a contractor or the Depart-

     

    5.     If the factors in subsection (D)(3) of this Section do not

     

    ment shall remove a logo from a logo sign panel after

     

    resolve the business rankings at a location, a contractor or

     

    notifying a responsible operator as provided in the lease.

     

    the Department shall prioritize the remaining requests for

     

    3.     A  contractor  or  the  Department  shall  require  that   a

     

    placement of a logo on a specific service information sign

     

    responsible operator certify in writing as directed that a

     

    responsible operator will comply with all applicable fed-

     

    Department and a responsible operator have been ful-

    eral, state, and local laws, ordinances, rules, regulations,

     

    filled; or

    and contractual requirements of the rural or urban logo

     

    2.     Until lease termination, whichever occurs first.

    sign program.

    H.

    Signage transition. Logo signage in place at the end of a lease

    4.

    Nothing in these rules shall require a contractor or the

     

    term following boundary changes in subsection (G) of this

     

    Department to place or maintain a specific service infor-

     

    Section may be transitioned from the urban to the rural logo

     

    mation sign at any particular interchange or intersection.

     

    sign program or from the rural to the urban logo sign program

     

    A contractor or the Department shall not place a specific

     

    as appropriate.

     

    service information sign that obstructs or interferes with a

    I.

    Elimination of exit ramp or interchange. When the Department

     

    traffic control device.

     

    eliminates an exit ramp or interchange from the state highway

    5.

    A contractor shall not remove or relocate an existing offi-

     

    system, a contractor or the Department may install and main-

     

    cial traffic control device, as defined in A.R.S. § 28-601,

     

    tain a specific service information sign at an exit ramp or inter-

     

    to accommodate a specific service information sign with-

     

    change directly preceding the exit ramp or interchange that the

     

    out prior written approval by the Department, or a local

     

    Department eliminates in each direction, as follows:

     

    authority under A.R.S. § 28-643.

     

    1.     On request of a responsible operator, the Department may

    6.

    A contractor or the Department shall provide a copy of

     

    relocate a logo sign panel or a specific service informa-

     

    the signed lease agreement to a responsible operator. A

     

    tion sign, as deemed appropriate by the Department.

     

    responsible operator shall deliver a logo for the logo sign

     

    2.     A business affected by exit ramp or interchange elimina-

     

    panel to a contractor or the Department for installation, or

     

    tion shall meet all eligibility criteria for continued pro-

     

    contract with a contractor to fabricate a logo for a logo

     

    gram participation as prescribed in Subsection C of this

     

    sign panel to a responsible operator’s, and the Depart-

     

    Section and the following:

     

    ment’s, specifications.

     

    a.     Be located directly off the interstate or other state

    7.

    Within 30 calendar days after receipt of a written request

     

    highway, and

     

    from a responsible operator, a contractor or the Depart-

     

    b.     Had previous routine access from the eliminated exit

     

    ment  shall  return  any  pre-paid   lease  payments  to  a

     

    ramp or interchange with direct access from:

     

    responsible operator if a responsible operator’s logo is

     

    i.      The crossroad at the eliminated exit ramp or

     

    not installed on a logo sign panel within 90 calendar days

     

    interchange;

     

    of tendering the payments, for reasons solely caused by

     

    ii.     The frontage road of the interstate or other state

     

    the Department or a contractor.

     

    highway at the eliminated exit ramp or inter-

    8.

    A contractor shall obtain an encroachment permit under

     

    change, within 1000 feet of the crossroad; or

     

    R17-3-501 through R17-3-509 before erecting or modify-

     

    iii.   The frontage road of the interstate or other state

     

    ing a specific service information sign along a state high-

     

    highway at the eliminated exit ramp or inter-

     

    way.

     

    change, within 1000 feet of the crossroad, as

    9.

    If a contractor requests an encroachment permit under

     

    the frontage road existed before the exit ramp

     

    R17-3-501  through   R17-3-509,  the   Department’s  staff

     

    or interchange was eliminated.

    shall decide the best placement of a specific service infor- mation sign and shall cooperate with a contractor to pro- vide information to the motoring public as prescribed in subsection (E)(2) of this Section.

    10.     If an urban or rural logo sign program is terminated, a contractor or the Department shall:

    a.        Notify a responsible operator by certified mail, or a mutually agreed upon electronic communication method, of the program termination and the location where a responsible operator may claim its logo;

    b.        Remove all sign panels and supports, as directed by the Department; and

    c.        Refund any unused lease payments on a prorated basis to each responsible operator.

    11.     A contractor or the Department shall solely determine the position and location of new or additional logos on logo sign panels or specific service information signs when logo sign vacancies occur on a logo sign panel or a spe- cific service information sign panel, and a new responsi- ble operator wishes to lease space on that panel, or a waiting list exists.

    12.     In a lease agreement with a responsible operator, a con- tractor or the Department may collect all applicable taxes.

    G.  Urbanized or rural boundary changes. If the boundaries of an urbanized area, as identified in a subsequent decennial census, are relocated or adjusted, a contractor or the Department shall allow:

    1.        The logo signs within the urbanized area boundaries and outside of those boundaries to remain in place until the minimum lease obligations between a contractor or the

Historical Note

Adopted effective March 22, 1985 (Supp. 85-2).

Amended effective April 10, 1987 (Supp. 87-2). Former Section R17-3-911 renumbered without change as Sec- tion R17-3-909 (Supp. 88-4). Former Sections R17-3-902 through R17-3-909 renumbered without change as Sec- tion R17-3-902 (Supp. 89-1). Amended effective May 3, 1993 (Supp. 93-2). Amended by final rulemaking at 9

A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 5047, effective

November 4, 2003 (Supp. 03-4). Amended by final

rulemaking at 11 A.A.R. 3856, effective September 15,

2005 (Supp. 05-3). Amended by final rulemaking at 18

A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 1324, effec-

tive July 6, 2013 (Supp. 13-2).