NAC410.220. Off-premise advertising signs: Evidence constituting off-premise sign.

For the purpose of the sign, the following constitutes evidence of an off-premise sign subject to control by the State:

     1. When a sign:

     (a) Brings rental income to the landowner; and

     (b) Consists principally of brand name or trade name advertising, and the product or service advertised is only incidental to the principal activity,

Ê it is considered the business of outdoor advertising and not an on-premise sign. An example is a typical billboard located on top of a service station advertising a brand of cigarettes or chewing gum which is incidentally sold in a vending machine on the property.

     2. A sign which advertises activities conducted on the premises, but which also advertises in a prominent manner activities not conducted on the premises, is not an on-premise sign. An example would be a sign advertising a motel or restaurant not located on the premises with a notation or attachment stating “Skeet Range Here,” or “Dog Kennels Here.” The on-premise activity would only be the skeet range or the dog kennels.

     [Dep’t of Highways, Outdoor Advertising Control Manual pp. 27 & 28, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)