N.J. Admin. Code § 16:41D-3.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:41D-3.1 - Eligible facilities

(a) An eligible facility shall:

1. Be a place that is primarily of interest to tourists including, but not limited to, a cultural site, a commercial tourism site, a recreational site, and a civic area;

2. Have 50 percent or more of their customers live outside the immediate area or shall receive 50 percent of their annual sales from people who live outside the immediate area. For the purposes of this chapter, the immediate area is the area within 10 miles of the facility as measured from the driveway of the facility to the centerline of the nearest State highway; and

3. Comply with all applicable laws, rules, and regulations concerning the provisions of public accommodations without regard to race, religion, color, age, sex, national origin, disability or other category protected by Federal or State law including, but not limited to, all required governmental licenses and permits.

(b) The following facilities are eligible to participate in the TODS program:

1. Cultural sites, including, but not limited to:

i. Aquariums;

ii. Arts or crafts centers;

iii. Arboretums or botanical gardens;

iv. Concert halls, amphitheaters, theaters, arenas, auditoriums, or performing arts centers;

v. Historic sites;

vi. Museums; and

vii. Zoos;

2. Commercial tourism sites, including, but not limited to:

i. Agri-tourism;

ii. Antiques stores;

iii. Art or craft galleries;

iv. Breweries;

v. Wineries;

vi. Lodging, including motels, hotels and bed and breakfasts;

vii. Flea markets;

viii. Fuel stations, including truck stops;

ix. Restaurants; and

x. Outlet malls;

3. Recreational sites; including, but not limited to:

i. Amusement parks;

ii. Boat landings and marinas;

iii. Camping facilities;

iv. Equestrian centers or stables;

v. Fairgrounds;

vi. Golf courses;

vii. Parks and natural attractions;

viii. Skating rinks (including ice, roller and in-line skating);

ix. Ski resorts or ski slopes;

x. Speedways and racetracks; and

xi. Water-oriented businesses; and

4. Civic areas, for which a TODS sign shall not identify any individual businesses, including, but not limited to:

i. Main streets;

ii. Town centers;

iii. Transit villages; and

iv. Villages.

(c) The following facilities are ineligible for the TODS program:

1. Businesses, including, but not limited to:

i. Adult entertainment facilities;

ii. Automobile dealers;

iii. Banks;

iv. Day care or child learning center facilities;

v. Funeral homes;

vi. General commercial sales;

vii. Movie theaters;

viii. Pharmacies;

ix. Supermarkets;

x. Bars or taverns; and

xi. Truck terminals;

2. Governmental entities, including, but not limited to:

i. Jails, prisons and juvenile detention facilities;

ii. Post offices; and

iii. Government offices and facilities;

3. Medical and health facilities, including, but not limited to:

i. Health clubs;

ii. Hospitals, clinics or treatment centers;

iii. Physician offices;

iv. Retirement homes, nursing homes and extended care facilities; and

v. Veterinary facilities;

4. Real estate developments, including, but not limited to:

i. Industrial parks;

ii. Mobile home parks;

iii. Office buildings and office parks;

iv. Residential subdivisions; and

v. General retail shopping centers or malls (including food courts);

5. Religious facilities, including, but not limited to:

i. Cathedrals;

ii. Chapels;

iii. Churches;

iv. Mosques;

v. Shrines;

vi. Synagogues; and

vii. Temples; and

6. Miscellaneous facilities, including, but not limited to:

i. Animal shelters; and

ii. Public or private schools, continuing education facilities, colleges, universities.

N.J. Admin. Code § 16:41D-3.1

Amended by 50 N.J.R. 2155(a), effective 10/15/2018