309.9 Sign Companies.

A person engaged in the business of erecting, on properties owned or controlled by him, signs for the display of products of a second party for a consideration is deemed to be engaged in the business of selling a service. A tax is due measured by the purchase price of all tangible personal property used or consumed by such person as additions or improvements to realty. A person engaged in the business of designing, fabricating and erecting signs on properties of another, for the display of that person’s products, is deemed to be a retailer. The gross proceeds of the sale of such signs are subject to the tax. If the signs are leased or rented, the lease or rental proceeds are subject to the tax. A person engaged in both of the above businesses shall pay the tax in accordance with the applicable provisions as set forth hereinabove. A person who designs and constructs a sign as defined in the second paragraph above may, if all statutory requirements are met, be considered a manufacturer.