You asked if Massachusetts, New York, or Pennsylvania require food establishments to have a minimum seating capacity to qualify for logo signs along expressways.

SUMMARY

Massachusetts, New York, and Pennsylvania do not require food establishments to have a minimum seating capacity to qualify for a logo sign along expressways. Other eligibility criteria may have to be met by the establishment in the various states, as discussed below. Similarly, Federal Highway Administration guidelines for logo signs do not require a certain seating capacity. Connecticut requires a seating capacity of 50 or more people. However, a Department of Transportation regulation that will remove the seating capacity requirement has been approved by the Regulation Review Committee. The regulation will be effective when the department files it with the Secretary of State.

LOGO SIGNS

Logo signs, also known as “specific information signs” or “specific service signs,” provide motorists information on nearby travel services, such as gas, food, and lodging. A generic information sign will simply indicate “gas,” “food,” or “lodging. ” A specific information sign identifies businesses by name.

Federal Highway Administration

Chapter 2F of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices provides guidance on specific service signs. FHWA recommends that if a state elects to provide specific service signs, there should be a statewide policy for such signing and criteria for the availability of the various types of service signs.

Most states have a program that allows qualified businesses to apply for permission to install a logo panel for their business on a specific service sign along expressways. The suggested FHWA eligibility criteria for a food logo panel includes: (1) licensing or approval, where required; (2) continuous operations to serve at least two meals a day, at least six days a week; (3) public telephone; and (4) modern sanitary facilities.

Connecticut

Connecticut’s Department of Transportation (DOT) runs a Specific Information Signing Program under which businesses must meet the minimum qualification criteria specified in regulations to participate in the program. DOT allows no exceptions or waivers to the criteria.

To qualify for the signing program, a food establishment must: (1) be located not more than 1½ miles from the end of the exit ramp; (2) display a valid permit from the appropriate public agency, as required by law; (3) be in continuous operation for at least 12 consecutive hours daily, beginning no later than 7: 00 a. m. , seven days per week, year round; (4) have a public telephone; and (5) have sufficient indoor seating capacity for 50 or more people without unreasonable delay (Regs. Conn. § 13a-124a-3(c)).

The Legislative Regulation Review Committee approved, with technical corrections, Department of Transportation Regulation No. 2004-6 on February 24, 2004. The regulation eliminates the indoor seating capacity requirement for food establishments. The department will make the necessary corrections to the regulation and file it with the Secretary of State. The regulation will become effective upon such filing.

Massachusetts

The Massachusetts Highway Department operates a Service Signing Program for its freeway system under which businesses that meet certain criteria may qualify for a business logo sign. According to the MassHighway Sign Unit, to qualify, a food establishment must: (1) be located within 3 miles of the interchange; (2) have a license or approval as required by law; (3) be in continuous operation to serve three meals a day, seven days a week; (4) have a public telephone; and (5) provide adequate restroom facilities.

New York

New York Department of Transportation has issued regulations regarding specific service signs. The regulations limit the use of such signs to rural areas, as the availability of services in urban areas is often evident or may be reasonably assumed (17 NYCRR §253. 8(a)(3)). For a food establishment to be eligible for a specific service sign, it must: (1) be located within 6 miles of the end of the exit ramp that does not involve travel over poor connecting highways to or from the freeway; (2) have a public telephone; (3) be licensed by the appropriate governmental agency; (4) have adequate restroom facilities; and (5) serve three meals a day, at least six days a week (17 NYCRR §253. 8(b)(1) and (2)(ii)).

Pennsylvania

Pennsylvania’s Department of Transportation has issued regulations regarding application for outdoor advertising devices. If the department finds a business sign to be in the specific interest of the traveling public, including signs for food establishments, a sign may be issued (67 Pa. Code § 445. 6(d)(2)(ii)). The regulations do not specify particular criteria to qualify for a sign.

JB: nf/ts