Rules for getting and keeping a newsstand permit

(a) The director of budget and fiscal services shall issue permits authorizing newsstands on public sidewalks in accordance with the provisions and conditions contained herein. (b) Each permit shall be valid for the period that fees are assessed and paid. (c) A fee of $15 per year for each newsstand covered by the permit, or added by an amendment thereto, will be charged and collected by the director of budget and fiscal services at the time of the issuance, reissuance, or amendment of the permit. Only one permit will be issued to each applicant, which must list the location and size of each newsstand. Decals bearing a number and the expiration date marked thereon will be issued for each newsstand after payment of the permit fee. After receipt of the decal, the applicant shall affix the decal in plain sight on the front of the newsstand. The use of the decal is subject to the following conditions: (1) Upon loss, defacement, or destruction of a decal, the applicant shall submit an application for a new decal with any information required by the director of budget and fiscal services; (2) Upon filing of the application, the director of budget and fiscal services shall issue a new decal and charge the applicant a fee of $5 therefor; and (3) If the director of budget and fiscal services finds that an applicant’s newsstand does not have the decal affixed thereto, the director shall order the removal of the stand until such time an application for a permit is filed and a decal, issued therefor, is affixed to the stand. (d) The permit shall be nontransferable. (e) Upon the breach of any condition or violation of this article, the director of budget and fiscal services shall suspend the permit until the breach of condition or violation is corrected. (f) A written application shall be filed with the director of budget and fiscal services that shall include: (1) The name of the applicant and the name under which the business is conducted; (2) The address and telephone number of the applicant; (3) The total number of newsstands and location of each newsstand to be covered by the permit; (4) An authorization for the chief of police to remove and impound any newsstand located in violation of this article and agreement to hold the city, its officers, and employees free from any claim for damages or losses resulting from the removal or impounding of such newsstand; (5) The signature of the applicant or of a person authorized to execute instruments on behalf of the applicant; and (6) The application shall be accompanied by a certificate of insurance or a copy of a public liability insurance policy issued by a carrier to be approved by the director of budget and fiscal services, and naming specifically the applicant, the city, the State, and such other parties designated by the applicant as assureds, and generally the owners, lessees, and occupants of property abutting the public sidewalk where each newsstand is located as assured, covering any claim or liability for damages, injuries or deaths, resulting from the placement, condition, or use of the newsstands or in any way connected with such newsstands. The policy shall also include automatic coverage for newsstands added or relocated after the application is filed. The minimum amount of coverage under such policy shall be $100,000 for injuries or death to any one person, $300,000 for injuries or deaths involving two or more persons arising from any one occurrence, and $10,000 property damage for each occurrence. The policy shall be kept in force during the entire period of the permit. Neither the applicant nor the carrier shall cancel the policy, except upon 30 days prior written notice to the director of budget and fiscal services. (g) Hazardous newsstands. (1) The chief of police shall send written notice to the permittee whenever the chief of police determines that the condition or location of a newsstand constitutes a hazard to the public. (2) Within 24 hours of receipt of such notice, the permittee shall remove or correct the condition of the newsstand. The chief of police shall send written notice to the director of budget and fiscal services at the end of such period stating what action, if any, the permittee has taken. If the permittee has failed to take the necessary action, the chief of police shall remove and impound the newsstand and shall so notify the permittee. Any impounded newsstand may be recovered by the permittee upon the payment of $5 to cover the cost of removal. Failure of the permittee to pay such charge and claim such newsstand within 30 days after notification of the removal shall be deemed an authorization by the permittee to destroy or otherwise dispose of such newsstand. (3) Upon receipt of notification that the permittee has failed to remove or correct the condition of the newsstand, the director of budget and fiscal services shall suspend the permit and notify the council of such suspension. (h) Conditions of permit. The permit shall be issued subject to the following conditions. (1) The permittee shall maintain a current public liability insurance policy, required by this section, at all times during the effective period of the permit. (2) The permittee shall not add any newsstand after the filing of the application, without amending the permit to specify the number of additional newsstands. (3) The permittee shall not install any newsstand that exceeds the following dimensions in its normal operating position: 22 inches in width, 50 inches in height, and 24 inches in depth. The width of the unit may be increased by 5 inches to accommodate the coin box only. (4) No newsstand shall be permanently attached or affixed to a public sidewalk or mall. (5) The permittee shall give written notice to the director of customer services whenever a newsstand is permanently removed without replacement. )