(1) The franchisee must notify the owner by certified mail a minimum of 30 days in advance of the removal of the owner's business sign or tourist-oriented directional sign (TODS) for any cause.

(2) Business signs or tourist-oriented directional signs (TODS) may be removed for any of the following:

(a) Failure to pay fees.

(b) Violation of statute or administrative rule, including nondiscrimination statutes.

(c) Failure to meet the minimum criteria to qualify for the specific information (LOGO) sign program or the tourist-oriented directional sign (TODS) program.

(3) The department shall solely make the determination whether statutes or rules have been violated by the owner, after investigation.

(4) If a business is closed due to fire, accident, remodeling, or other emergencies for more than 7, but not more than 90 days, the franchisee shall have the business sign or the tourist-oriented directional sign (TODS) covered to prevent inconvenience to the traveling public. The business shall not lose its priority or be required to reapply prior to the normal expiration of its contract. Extensions of time beyond 90 days may be granted by the franchisee, for good cause, including but not limited to insurance claims or financial arrangements which require additional time. An owner who fails to open within the 90-day period due to the owner's negligence may lose the right to occupy the specific information (LOGO) sign panel or tourist-oriented directional sign (TODS) panel.

(5) A business that owns any outdoor advertising structure in violation of the Montana Outdoor Advertising Act, Title 75, chapter 15, part 1, MCA, may not be eligible for business identification on a tourist-oriented directional sign (TODS) for one year after the illegal outdoor advertising structure is removed unless the owner voluntarily removes it within 45 days of receiving notice under 75-15-131, MCA.

(6) Within five working days of closure of a seasonal business, the franchisee shall cover or remove the signs or shall prominently display the word "closed" across the business sign. Where all of the businesses on a specific information (LOGO) sign are closed, the entire sign shall be removed.


History: 60-5-503, MCA; IMP, 60-5-505, 60-5-522, MCA; NEW, 1990 MAR p. 111, Eff. 1/12/90; TRANS, from ARM 18.7.333, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.