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Terms Used In Vermont Statutes Title 10 Sec. 499

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Official business directional sign: means a sign erected and maintained by the State to indicate to the travelling public the route and the distance to public accommodations, commercial services for the travelling public, and points of scenic, historic, cultural, educational, and religious interest. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • sign: is a ny structure, display, device, or representation, either temporary or permanent, portable or ground-mounted, that is designed or used to advertise or call attention to any thing, person, business, activity, or place and is visible from any highway or other right-of-way. See
  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
  • Travel information: means the various communication media and methods available to collect and distribute information to the traveling public. See

§ 499. Applications and licensing of official business directional signs

(a) Any person who believes that he or she is eligible under section 489 of this title for an official business directional sign may submit a written application on a form prescribed by the Travel Information Council. The application shall set forth the name and address of the applicant; the name, nature, and location of the business; the location where an official business directional sign is desired; and such other information as the Council may require. The applicant shall tender with the application the standard license fee stated in section 501 of this title for each sign requested.

(b) Upon receipt of an application for an official business directional sign, the Travel Information Council shall refer the application to the appropriate district committee of the Travel Information Council with a report and the facts relative to the location. The committee shall approve or disapprove the application. The committee shall not approve an application unless the requested location conforms to the rules of the Agency of Transportation under section 490 of this title and of the Council and, in the case of town highways, of the town’s selectboard, and the applicant is complying with all statutes and rules of the Departments of Health and Labor regarding places of public accommodation. If the application is approved, the Council shall issue the license and forward a copy to the division of the Agency of Transportation responsible for erection and maintenance of official highway signs. If it is not approved, the Travel Information Council shall return the application and fee, stating the reasons for refusal and giving the applicant opportunity to correct any defects or to be heard within 30 days by the Travel Information Council, and to present evidence, with or without counsel in his or her discretion. Upon written request, the Council shall hear the matter and notify the applicant of its findings and decision. The applicant may then appeal on questions of law to the Supreme Court.

(c) The Travel Information Council shall establish a procedure and schedule for periodic on-site evaluation of licenses that have been granted, to determine whether such licenses have been issued in conformance with the rules of the Agency of Transportation and the Travel Information Council under section 490 of this title.

(d) The Travel Information Council shall have the authority to deny renewal of those licenses that are found to violate the rules of the Agency of Transportation and the Travel Information Council. A licensee who is denied renewal shall have the right to appeal under subsection (b) of this section. (Added 1967, No. 333 (Adj. Sess.), § 19, eff. March 23, 1968; amended 1969, No. 92, § 13, eff. April 19, 1969; 1983, No. 167 (Adj. Sess.),§§ 14, 15; 1993, No. 172 (Adj. Sess.), § 12.)