70:04:07:02General 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. Posted Speed (mph) Maximum Sight Distance To On-premise Sign 30 305 feet 35 360 feet 40 425 feet 45 495 feet 50 570 feet 55 645 feet 60 730 feet 65 820 feet 70 910 feet (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.