Definitions for publication dispensing racks in business improvement districts

As used in this article, unless another meaning is clear from the context, the following terms shall have the following meaning: “Authorized association” means a district association, as defined in section 35-1, that has been issued a district-wide permit pursuant to chapter 22, article 3, division 3 of this Code for the installation of publication dispensing racks. BUSINESS IMPROVEMENT DISTRICTS § 35-60 “Authorized association-installed,” “authorized association shall install,” “installed by the authorized association,” or words of similar import mean installation, undertaken by or caused to be undertaken, by an authorized association. “Director” means the director of the department of public works. “District” means the business improvement district governed by a certain authorized association. “Insert,” when used as a noun, means a publication dispensing rack insert. “Install” includes construct, erect, fabricate and affix. “Location” means a site designated by the director for placement of association- installed publication dispensing rack enclosures. “Permit” means a publication dispensing rack space allocation or reallocation invoice issued pursuant to this article. “Permit period” means the period for which spaces are allocated under section 35-63(c). “Permittee” means a person, organization, corporation, firm, association or similar entity to whom or to which a publication dispensing rack permit has been issued pursuant to this article. “Publication” means any written or printed matter, including but not limited to, daily publications, real estate publications or periodical newspapers, and any visitor information publications, but may exclude any “handbill” defined in rules adopted by the authorized association pursuant to section 35-68 if such rules provide that handbills, as so defined, shall be excluded. “Publication dispensing device” means any stand, box, rack or other device, other than a publication dispensing rack enclosure or a publication dispensing rack insert, used to dispense any publication. For purposes of this definition, a person shall not be deemed a device. “Publication dispensing rack enclosure” or “enclosure” means a structure installed by the authorized association in the district with spaces in which publication dispensing rack inserts may be inserted. “Publication dispensing rack insert” means a box, insert or rack with a clear plastic face that is owned by a permittee, that is designed to be inserted into a publication dispensing rack space, and that is constructed to hold and display a publication. “Publication dispensing rack space” or “space” means an area within a publication dispensing rack enclosure that is constructed to hold a publication dispensing rack insert to display and dispense a publication. “Publisher” means an owner or authorized agent of the owner of a publication. The authorized association may adopt rules defining the term "owner" or "authorized agent" for purposes of this definition. “Reallocation” means an allocation of unallocated, abandoned or surrendered spaces to a permittee that takes place during a permit period. “Sidewalk” means that portion of a street between a curb line or the pavement of a roadway, and the adjacent private or public property line, whichever the case may be, intended for the use of pedestrians, including any setback areas acquired by the County for road widening purposes. “Unallocated publication dispensing rack space” means a publication dispensing rack space that has not been allocated in the most recent allocation or reallocation. (2012, ord 12-59, sec 5.)35-60