Section 10. Definitions

The following words and terms when used in this chapter shall have the following meanings unless the content clearly indicates otherwise:

"Bed and breakfast" means any establishment (i) having no more than 15 bedrooms; (ii) offering to the public, for compensation, transitory lodging or sleeping accommodations; and (iii) offering at least one cooked meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided. The facility shall have an on-premises sign describing it as a bed and breakfast and shall clearly describe itself as a bed and breakfast in all marketing materials.

"Bumping" means the removal of a business from the Specific Travel Services (Logo) Signing Program or Tourist-Oriented Directional Signing (TODS) Program.

"Colleges and universities" means the main campus of an educational institution and shall be interpreted as all that contiguous real estate and improvements owned and operated by the educational institution, housing the administrative, educational and other programs of the institution. An educational institution may have more than one main campus located within the state provided each facility meets the above description and the facilities are not closer than 50 miles to each other. The distance limitation shall not apply to campuses of the Virginia Community College System. Satellite facilities shall be all educational or other facilities associated with the institution located within 25 miles of the limits of the main campus.

In general application, a main campus should give visitors the clear impression that they have entered a campus setting. Facilities sharing space in commercial centers, office parks, industrial centers and similar settings shall not be considered main campuses; however, they may constitute satellite facilities if meeting the description in this definition.

"Emergency medical facility" means a licensed facility providing continuous emergency medical care to the general public. The facility shall have a licensed medical doctor on duty 24 hours per day, 365 days per year.

"Equestrian center" means a facility, marketing itself as an "equestrian center," dedicated to the public education and recreational enjoyment of horses through a variety of features such as riding lessons, training facilities and clinics.

"Farm market" means a year-round or seasonal facility located on an individual farm dedicated to selling fresh, locally produced products. At least 50% of sales must be from Virginia-grown and -produced products.

"Farmer's market" means a year-round or seasonal open air or permanent facility, marketing itself as a "farmer's market," where multiple farmers come to sell their products to the consumer.

"Full service food" means a restaurant that meets all the requirements for participation in the Specific Travel Services (Logo) Signing Program as a Food Category I facility. The restaurant must also provide (i) indoor seating for at least 100 adults, (ii) sit-down table service with wait staff, (iii) public restroom facilities, and (iv) a full breakfast menu, including coffee, juice, and items from at least two of the following groups: (a) eggs; (b) breakfast meat (e.g., bacon, sausage, ham, steak); and (c) breakfast bread (e.g., toast, bagels, pastry) or cereal, or both. Eggs and breakfast meat shall be prepared on the premises (pre-packaged items will not meet this requirement).

"Historic building" means the same as "historic site."

"Historic cemetery" means the same as "historic site."

"Historic site" means a site, facility or structure that is officially listed in the Virginia Landmarks Register, where guided tours are (i) regularly scheduled or (ii) available upon request during the hours of operation.

"Hospital" means the same as "emergency medical facility."

"Regional retail facility" means a unified facility where more than 10 retail businesses are located. The facility must (i) print and distribute promotional brochures over 50 miles from its location or regularly advertise in media over 50 miles from its location; (ii) receive 1/3 or more of annual sales from visitors from over 50 miles from its location (as determined by customer survey or credit card tracking, or both; the regional retail facility is responsible for providing supporting data); and (iii) employ a staff person for the promotion, advertising, marketing, or sales to persons over 50 miles from its location. Consideration will be given to recommendations of the Virginia Tourism Corporation relative to the determination of a regional retail facility.

"Virginia educational institution" means a for-profit educational institution with its main campus located in Virginia that (i) has for at least five consecutive years awarded academic degrees approved by the State Council of Higher Education; (ii) offers programs in workforce training or job readiness that contribute to Virginia's economic growth and development; and (iii) has combined annual enrollment of at least 1,000 at its main campus and any branch location situated within a radius of 25 miles from the main campus.

"Water-oriented business" means a business that includes canoe liveries, raft liveries, marinas, water parks, wave pools, and other similar businesses providing access to or facilities for waterborne recreational activities.

"Wine trail" means a trail that consists of a group of three or more wineries that have declared their intention to be a wine trail and published joint marketing materials. To participate in either the Tourist-Oriented Directional Signing (TODS) Program or Logo Program, each winery on a wine trail must meet the hours of operation and licensing requirements for that program. The driving distance between one winery and the next wine trail facility shall not be greater than 15 miles. To be eligible for participation in the TODS Program, the first and last facilities on a wine trail must be located within 15 miles of the intersection of a noncontrolled access state primary or secondary system highway where the initial TODS panel is to be located. To be eligible for participation in the Logo Program, the facility at one terminus of the wine trail must be located within 15 miles of the interchange. The facility at the other terminus must be eligible for either TODS or Logo signage.

Historical Notes

Derived from Volume 22, Issue 24, eff. September 6, 2006.

Statutory Authority

§§ 33.2-210 and 33.2-1220 of the Code of Virginia.