Rules for getting and keeping a news rack space permit

(a) Any publisher desiring the use of a publication dispensing rack space in a publication dispensing rack enclosure for purposes of dispensing a publication therefrom shall submit an application for a publication dispensing rack space permit to the director. For any one allocation or reallocation, a publisher may submit applications for more than one publication, but may submit no more than one application per publication. For any one allocation, no more than one application may be submitted for any publication. Only those publishers submitting completed applications are eligible to obtain a publication dispensing rack space permit. The director shall determine the form of, and provide to interested persons copies of, the publication dispensing rack space permit application form. The director shall, before the earliest date established under subsection (f) on which applications may be submitted for any allocation or reallocation, send a copy of the form to each person who is a permittee as of that date, addressed to the permittee at the last address on file with the director. The failure of the director to notify a permittee, however, will not excuse the permittee from filing a timely application. (b) The application for a publication dispensing rack space permit submitted by the publisher must include the following: (1) The name, mailing address, telephone number, and cellular telephone number, and, if any, the facsimile number and e-mail address of both the owner of the publication and the applicant and the names under which the owner and applicant conduct business, if any; (2) The name, mailing address, telephone number, and cellular telephone number, and, if any, the facsimile number and e-mail address of the individual person or persons who will have supervision of and responsibility for the use and maintenance of the publication dispensing rack space and of any permitted publication dispensing rack insert placed therein; (3) The relationship between the owner of the publication and the applicant and a statement of the applicant’s authority to make the application on behalf of the owner of the publication; (4) The name of the publication for which the space is desired, a statement verifying that the publication exists as of the date of the application, and a copy of the publication for which the permit is desired; (5) A nonrefundable application fee of $75; (6) Proof of liability insurance, for the term of the permit, with minimum policy limits of $500,000 for personal injury or death and $100,000 for property damage, or with such higher limits, not to exceed $1,000,000 for personal injury or death and $200,000 for property damage, as is determined appropriate by the director based on the risk experience under this article, naming the city as an additional named insured in the event of personal injury or death or property damage caused by any negligence of the permittee in the maintenance of any publication dispensing rack space or any permitted publication dispensing rack insert. For the purposes of this subdivision, “negligence” also includes reckless, knowing, or intentional conduct; (7) Such other information as is requested on the form; and (8) A statement as to whether the applicant desires spaces for the publication in 12-inch publication dispensing rack enclosures or in 24-inch publication dispensing rack enclosures, but not both. (c) (1) All spaces in all publication dispensing rack enclosures will be allocated by the director in May of 2002 for the three-year period commencing July 1, 2002 and ending June 30, 2005 and will be allocated again in May every three years thereafter for the three-year period beginning on July 1 of the year of the allocation and ending on June 30 of the third year thereafter. (2) In November of each year in which a triennial allocation is made under subdivision (1), and in May and November of all other years, the director shall reallocate all publication dispensing rack spaces that are unallocated or have been abandoned or surrendered. The reallocation of spaces made in November will be effective from January 1 of the year immediately following the reallocation until June 30 of the year in which the next triennial allocation is made pursuant to subdivision (1). The reallocation of spaces made in May under this subdivision will be effective from July 1 of the year of the reallocation until June 30 of the year in which the next triennial allocation is made pursuant to subdivision (1). If, as of the latest date set in subsection (f) for the submission of applications for a reallocation, there are fewer than 25 unallocated, abandoned, or surrendered spaces available for reallocation, the director may cancel the scheduled reallocation; provided that the director may not cancel two consecutive scheduled reallocations. If cancelling a scheduled reallocation, the director shall give notice of the cancellation to all applicants that have filed applications to participate in the reallocation. (3) The allocation or reallocation will be recorded on permits issued by the director to the applicants for all publications for which spaces are allocated or reallocated. (4) The procedures for the allocation or reallocation of spaces will be in accordance with § 13-11.7 . (d) For each publication to which any publication dispensing rack spaces are allocated or reallocated, one permit will be issued, for each allocation or reallocation, listing the date of the allocation or reallocation, the name of the permittee, the name of the publication, the designation assigned by the director under § 13-11.4 (c) to each space allocated or reallocated for the publication, the total number of spaces assigned to that publication under the allocation or reallocation, and the term of the permit. (e) No applicant may be allocated or reallocated, or be issued a permit for, more than one publication dispensing rack space at any one location for any one publication. (f) Applications to participate in a triennial allocation pursuant to subsection (c)(1) or in a May reallocation under subsection (c)(2) must be submitted to the director no earlier than March 1, and no later than May 1, of the year in which the allocation or reallocation is scheduled to take place. Applications to participate in a November reallocation under subsection (c)(2) must be submitted to the director no earlier than September 1, and no later than November 1, of the year in which the reallocation is scheduled to take place. (g) The publication dispensing rack space permit is not transferable. No permit may be used to dispense a publication other than the publication named in the permit. The director may adopt rules for determining whether a publication is the same publication as that for which the permit was issued and for determining when a permit is deemed to have been transferred. (h) The director, by rule, shall establish the fee based on the city’s cost to clean, maintain, and repair the publication dispensing rack enclosures. Until such time as the director establishes a new fee, the permit fee is $540 per triennium for each publication dispensing rack space allocated for a publication. The fee is payable in equal annual amounts due no later than 30 days before the start of each new 12-month period beginning on July 1, or as otherwise adjusted by the director. Failure to submit payment by the due date will result in termination of the space permit, and the applicable space will be reallocated pursuant to subsection (c)(2). (1) No refund of fees will be made if the publication abandons or surrenders a space. (2) Permit fees for spaces reallocated under subsection (c)(2) will be prorated for the remainder of the three-year permit period. (i) The requirement that a copy of the publication be submitted with the application is intended to ensure that the publication exists at the time of the application and the director may not deny a permit for any publication based upon its content. A permit may not be issued for a publication that does not exist at the time of the application. (j) The director shall maintain a record of all publication dispensing rack spaces that have been allocated or reallocated, the permittees to which the spaces have been allocated or reallocated, and the publication permitted to be dispensed from the spaces. (k) No space in a 24-inch publication dispensing rack enclosure may be allocated or reallocated for a publication if any application submitted for that publication for the permit period stated that the applicant was applying for spaces in 12-inch publication dispensing rack enclosures. No space in a 12-inch publication dispensing rack enclosure may be allocated or reallocated for a publication if any application for that publication for the permit period stated that the applicant was applying for spaces in 24-inch publication dispensing rack enclosures. No space in a 24-inch publication dispensing rack enclosure may be reallocated for a publication permitted to be dispensed from any 12-inch publication dispensing rack enclosure. No space in a 12-inch publication dispensing rack enclosure may be reallocated for a publication permitted to be dispensed from any 24-inch publication dispensing rack enclosure. Editor’s note: *This section may be amended pursuant to §§ 10 and 11 of Ord. 02-10.