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2001 SESSION

005704512
SENATE BILL NO. 267
Offered January 18, 2000
A BILL to amend the Code of Virginia by adding a section numbered 33.1-206.1, relating to promulgation by the Commonwealth Transportation Board of regulations concerning the interstate highway logo sign program.
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Patron-- Potts
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 33.1-206.1 as follows:

§ 33.1-206.1. Interstate logo signs; regulations.

The Commonwealth Transportation Board shall specify by regulation the minimum criteria by which restaurants may qualify for participation in any logo sign program used to provide food, fuel, and lodging information and directions along interstate highways in Virginia. Such minimum criteria shall provide that every participating restaurant shall:

1. Be located not more than three miles from the gore of the first exit ramp at the interchange in the direction of travel on the interstate highway, nor more than six miles, if there is no food establishment within three miles;

2. Display a valid license from the State Health Commissioner as required by § 35.1-18 of the Code of Virginia;

3. Have permanent indoor seating for at least thirty adults;

4. Be in continuous operation for at least sixteen hours daily, beginning no later than 6:00 a.m., to serve breakfast, lunch, and dinner, seven days a week; and

5. Provide a public telephone.

In addition, in those instances where more restaurants meet the specified minimum criteria than there is available space on any logo signs, the regulations shall provide that the restaurants that constitute full-service restaurants, offering the public a separate variety of food items for breakfast, lunch, and dinner, respectively, shall be given preference for participation in the logo sign program. Such regulations shall also provide that any such full-service restaurants may, at an additional cost, purchase from the Board protection against having their logos supplanted by those of other restaurants. Such regulations may provide additional preferences for those restaurants that also provide the following accommodations:

1. More extensive hours of operation than required in the minimum criteria;

2. Greater seating capacity than required in the minimum criteria;

3. Available restroom facilities within the restaurant; and

4. Sufficient parking spaces to accommodate at least the same number of vehicles as there are seats in the restaurant.

2. That the Commonwealth Transportation Board shall adopt emergency regulations in accordance with this act on or before July 1, 2000. Upon adoption of such regulations, any restaurant that (i) currently participates in the logo sign program and (ii) does not meet the minimum criteria specified in the new regulations may be permitted to continue in the logo sign program as long as no other restaurant that does meet the minimum criteria is thereby denied participation in the logo sign program at the same location.

3. That, prior to the adoption of the regulations required by this act, the Commonwealth Transportation Board and the Virginia Department of Transportation shall ensure that any restaurant that (i) would be entitled as a full-service restaurant to a preference for inclusion in the logo sign program under this act and (ii) currently participates in the logo sign program is not removed from the same logo sign in favor of another restaurant that would not be entitled to the same preference under this act.