18.6.431    LEASE AGREEMENTS

(1) The owner shall sign a lease agreement with the franchisee on a form approved by the department. The lease agreement shall contain the written assurance required from the owner that the owner is in conformity with all applicable laws concerning the provision of public accommodations without regard to race, color, sex, culture, social origin or condition, or political or religious ideas.

(2) The franchisee shall review the owner's qualifications for compliance with the applicable criteria and shall only approve the lease agreement if the criteria are met.

(3) Upon approval of the lease agreement, the franchisee shall transmit a copy of the signed lease agreement to the owner.

(4) Lease agreements between the franchisee and businesses participating in the motorist information sign program must be for a minimum of one year.

(5) The franchisee shall install the business sign panel within 30 calendar days of the payment of the fees if the specific information (LOGO) sign assembly has already been installed or within 120 calendar days of the payment of fees if the specific information (LOGO) sign assembly has yet to be installed. The franchisee shall install the tourist-oriented directional sign (TODS) within 120 days of the payment of fees.

(6) The owner may request a change to the business sign or tourist-oriented directional sign (TODS) copy during the term of the lease agreement if the copy conforms to the statutes and rules. The cost of changes in the copy may be charged to the owner. All installation of changed copy shall be conducted by the franchisee. The owner may also be charged an additional fee for each sign removed and remounted by the franchisee at the request of the owner.

(7) Before a lease agreement may be renewed, the franchisee must determine whether or not there are any qualified businesses closer to the interchange or intersection which wish to participate in the program. The lease agreement may not be renewed unless there are no other applicants and there is space on the specific information sign or tourist-oriented directional sign.

History: 60-5-503, MCA; IMP, 60-5-505, 60-5-514, MCA; NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1994 MAR p. 674, Eff. 4/1/94; TRANS, from ARM 18.7.331, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.