(1) Notwithstanding any law, rule or regulation to the contrary, when there are two (2) or more competing applications for inclusion on a particular TODS sign assembly the department shall award installation on the TODS sign assembly to the business from which the department first received a qualified application for the installation.
(2) If the department receives on the same day two (2) or more competing applications for a particular TODS sign, assembly and the competing applications qualify for participation in the TODS program, the department shall award installation on the TODS sign assembly to the business with the greatest eligibility distance.
(3) Once the TODS sign of a business has been installed on a particular TODS sign assembly, the business shall have the right to renew the TODS sign, notwithstanding the application and qualification of a business with a greater eligibility distance. This subsection (c) shall not apply if the business fails to comply with all applicable rules and regulations or fails to pay any applicable fees.
(4) No business shall be eligible to have a TODS sign on a particular TODS sign assembly if the business is greater than ten (10) miles from the TODS sign assembly. The mileage from the TODS sign to the business shall be placed on the TODS sign, unless two (2) or more businesses that offer similar activities, features or opportunities have a single sign on the TODS sign assembly.