Cal. Code Regs. tit. 21 § 2112

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 2112 - Permit Application and Priorities

(a) Permit application. The Owner or Responsible Operator of a Qualified Motorist Service Business must file a Motorist Services Informational Signing Program Application And Permit dated 1-93 as provided by the Department. The completed application together with the current permit fee is to be forwarded to the appropriate district office of the Department. All permit applications are reviewed by the Department, and the Department shall have final responsibility and authority to grant or deny a permit.

Applications for permits will be denied for businesses which do not meet the eligibility criteria or whose signs do not meet the specifications as provided in Sections 2109 and 2110, and Subdivision (a) of Section 2111 of these regulations, except as provided in Subdivision (b)(2) of Section 2113 and Subdivision (b) of Section 2111.

Within 30 days of receipt of the permit application by the Department, each applicant shall be notified in writing that the application is complete and accepted for filing or that the application is deficient. If the application is deficient, the Department shall specify, in writing, the information required to complete the application. Within 30 days from the filing of the completed application, the Department shall notify the applicant of approval or denial of the permit.

No Business Sign shall be affixed by the Department until a Business Sign permit has been issued and the applicable annual rental fee has been paid.

Applications shall be considered to be received by the Department upon the date of receipt. A Business Sign permit shall be effective for the portion of the calendar year the permit is issued by the Department or the entire year if issued on January 1. In the case of a renewal, the Business Sign permit is effective for one year beginning on the first day of January and expires on the 31st day of December.

An Owner or Responsible Operator shall furnish the necessary Business Sign to the Department district office or the location designated by the Department within 60 days after notification by the Department that the Business Sign application has been approved. The Business Sign permit may be canceled by the Department if the sign is not furnished within the 60-day period or does not meet other provisions of these regulations. Under any of these circumstances, the applicant shall forfeit the permit fee, but receive a full refund of any rental fee which has been paid.

An application may be denied if the Department determines that adequate directional information cannot be given to enable motorists to locate the business premises, or the applicant refuses to place adequate Trailblazers on other public highways at the applicant's sole cost and expense.

(b) Priorities.

(1) The order of priority for granting permits to "LODGING" or "CAMPING" businesses for the installation of their Business Signs on Specific Informational Panels or Supplemental Directional Panels, when applications are received from a greater number of Qualified Motorist Service Businesses which meet the eligibility criteria than there is space available on the Motorist Services Informational Panel, shall be determined based upon the State Measured Distance; with first priority going to the closest business, second priority to the next closest business, and so on until all available space on the Motorist Services Informational Panel has been allocated. The same order of priority shall apply when the maximum number of permits has been issued and a new application is received from a Qualified Motorist Service Business located closer to the interchange than another qualified business which is already signed.

(2) The order of priority for granting permits to "FOOD" or "FUEL" businesses for the installation of their Business Signs on Specific Informational Panels or Supplemental Directional Panels, when applications are received from a greater number of Qualified Motorist Service Businesses which meet the eligibility criteria than there is space available on the Motorist Services Informational Panel, shall be based upon the highest point accumulation from the following two (2) categories:

Category 1: If the State Measured Distance is:

	a. 0 to ½ mile, inclusive..........................	assign 3 points
	b. over ½ mile to 1 mile, inclusive..........................	assign 2 points
	c. over 1 mile to 3 miles, inclusive..........................	assign 1 point

Category 2. If the business is open:

	a. 20-24 hours per day..........................	assign 3 points
	b. 16-20 hours per day..........................	assign 2 points
	c. 12-16 hours per day..........................	assign 1 point

The same order of priority shall apply when the maximum number of permits has been issued and a new application is received from a Qualified Motorist Service Business with a higher point accumulation than another qualified business which is already signed.

Cal. Code Regs. Tit. 21, § 2112

1. New article 5 and section filed 5-18-93; operative 6-17-93 (Register 93, No. 21).

Note: Authority cited: Section 101.7, Streets and Highways Code. Reference: Section 101.7, Streets and Highways Code.

1. New article 5 and section filed 5-18-93; operative 6-17-93 (Register 93, No. 21).