Section 411-5-003 - ELIGIBILITY REQUIREMENTS003.01 The eligibility requirements are applicable to all TODS panels and Trailblazers erected.003.02 The tourist-oriented activity, before qualifying to appear on a TODS panel, shall provide the Department or Agent with a written assurance of its conformity with all Federal and State laws relating to discrimination based on race, creed, color, sex, national origin, ancestry, political affiliation, religion and its conformity with the Americans with Disabilities Act (ADA). If the activity violates any of such laws, it shall lose its eligibility to appear on a TODS panel.003.03 Any activity that has erected an advertising sign that does not comply with the requirements of Neb.Rev.Stat. §§ 39-213 through 39-226 and the Rules and Regulations Title 410, Chapter 3, section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System shall not be eligible to be identified on any of the TODS panels until all illegal signs are removed or brought into conformity with the law.003.04 The activity also shall not have an official traffic control device which directs motorists to its business.003.05 Tourist-oriented directional activity plaques shall include, but not be limited to, signs giving directions to recreational, historical, cultural, educational, or entertainment activities. In addition, unique or unusual commercial or nonprofit activities will also qualify. Each activity shall meet all the eligibility requirements.003.06 The activity, service or business (including seasonal agricultural products) must derive the major portion of its income or visitors during the normal business season from motorists not residing in the immediate area of the business or activity. A one-year initial grace period will be allowed for those activities without sufficient records to support the requirements of section 002.24.003.07 The activity, service or business must have obtained all required approvals or licenses from the State or local agencies having jurisdiction, including permits or ordinances for the erection of Trailblazer signs, when necessary.003.08 The activity must be open to the public during the normal season of the activity at least eight hours per day, five days per week, except that if the activity is a winery, the winery shall be open at least 20 hours per week. The business week must include a Saturday or a Sunday.003.09 The activity shall be conducted in an appropriate building or area. It shall not be conducted in a building principally used as a residence unless there is a convenient and well-marked entrance, except that a "Bed and Breakfast" activity shall be excluded from this requirement.003.10 An activity which requires more than three Trailblazer signs shall not qualify for a TODS panel.003.11 Location of the Activity 003.11A The activity or site may be located in a rural area or urban area.003.11B The activity or site must be located within five road miles of the highway, as measured from the gore of the intersection to the nearest point of intersection of the driveway of the qualified activity and the highway.003.11C An activity which is located more than five and less than 15 miles from a Rural Conventional Road may request a waiver from the Department in order to apply for space on a TODS panel. The waiver may be given at the discretion of the Department where the business provides a tourist service different from those located within five miles of the intersection, where it is not located within five miles of another Rural Conventional Road and where no other directional signing is available for the activity.003.11D An activity located on property contiguous to a Rural Conventional Road shall be eligible for straight ahead signing on that Rural Conventional Road only at the intersection nearest to the business. The activity must be located within the distance required by section 003.11B.003.11E Signing for activities in the ahead direction shall be considered only when there is signing for a similar facility in either the right or left direction. The legend AHEAD in appropriate letter size may be used in lieu of directional arrows. The determination for ahead signing shall be made by the Department.411 Neb. Admin. Code, ch. 5, § 003