OAR 734-059-0040: Qualifying as a Business or Activity Open to the Public

(1) The following are not Businesses or Activities Open to the Public for the purposes of the Outdoor Advertising Sign Program: (a) Outside advertising sign structures; (b) Agricultural, forestry, ranching, grazing, farming land and related activities, including, but not limited to, temporary roadside food and produce stands including seasonal stands; (c) Activities that are housed in a temporary building or structure that are visible to the traffic lanes of the traveled way and do not have indoor restrooms, utilities, running water, functioning electrical connections or adequate heating; (d) Where conducted in a building that is primarily used as a residence, apartment house or residential condominium; (e) Recreational facilities such as campgrounds, golf courses, tennis courts, wild animal parks, and zoos, except for the portion of the activities occupied by permanent buildings and parking lots which otherwise meet the criteria in this subsection; (f) Public or private utilities including telephone poles, radio, microwave or cellular communication towers; and, (g) Railroad tracks (2) In determining whether a location is a business or activity open to the public, the Department may consider the totality of the circumstances, including but not limited to the following: (a) If a business license has been issued by the state; (b) Whether the facility is open to potential customers, with regular hours of operation; (c) Whether there is appropriate vehicular access and parking present; (d) Whether there are indices of operation such as a telephone, or other communication service, appropriate utility connections, appropriate equipment, restroom facilities, permanent facility structures, etc.; and, (e) How long the operation has been in existence.