§ 34-30. Permit application, issuance, denial, and revocation.

(a)

Application. A person who desires to place, install, or maintain a newsrack on a right-of-way shall submit to the city an application on a form supplied by the director. The applicant shall be a duly authorized representative of both the publisher of the newspapers, periodicals, magazines, or other publications to be placed in the newsrack, and, if applicable, any independent distributor authorized to service the publisher. The following information must be supplied on the application:

(1)

The name, street address, mailing address, facsimile number, e-mail address, telephone number, and state-issued driver's license or identification number of the applicant;

(2)

The name, street address, mailing address, facsimile number, e-mail address, telephone number, and state-issued driver's license or identification number of the publisher;

(3)

The name, street address, mailing address, facsimile number, e-mail address, telephone number, and state-issued driver's license or identification number of the distributor;

(4)

The name, street address, mailing address, facsimile number, e-mail address, telephone number, and state-issued driver's license or identification number of the responsible person whom the city may contact or notify at any time regarding the installation, placement, maintenance, or operation of the newsrack;

(5)

If the applicant, publisher, distributor, or responsible person is not an individual, the name, street address, mailing address, facsimile number, e-mail address, telephone number, and state-issued driver's license or identification number of the high managerial agent of that person and a copy of the documents establishing the business;

(6)

The number of proposed newsracks and a description of the exact proposed locations;

(7)

A description of each proposed newsrack, including its dimensions and signage, and whether it contains a coin-operated mechanism;

(8)

The name and frequency of the publication proposed to be contained in each newsrack;

(9)

Proposed method of securing newsracks; and

(10)

Additional information as the applicant wishes to provide the city or that the director deems necessary to determine if the requested application should be granted.

(b)

The applicant shall not provide a post office box as the address of the applicant, publisher, distributor, or responsible person on the application.

(c)

Compliance with the requirements of this section shall be deemed to meet the requirements of §§ 250.003 and 250.004 of the Texas Local Government Code.

(d)

The applicant shall sign the application.

(e)

Separate application. A separate application shall be required for each publication, but a single permit shall be issued for all newsracks of the same publication, applied for by an applicant, that meet the standards of this article.

(f)

The applicant must notify the director in writing of any material change in the information contained in the application for newsrack permit within ten (10) business days of the change.

(g)

Issuance of permit.

(1)

The director shall issue a permit within ten (10) business days following receipt of the application to the applicant if the director determines that:

a.

All required fees have been paid to the city;

b.

The applicant has submitted a complete application and has complied with all requirements for issuance of a permit;

c.

The applicant has not made a false statement as to a material matter in the application for the permit;

d.

The type of newsrack and location proposed for each newsrack meets the standards set forth in this article; and

e.

The applicant has executed the written agreement and provided proof of insurance as required by section 34-33.

(2)

If the director does not deny the issuance of the permit within ten (10) business days of receipt of the application, the permit shall be issued.

(h)

Transfer of permit prohibited. A permit issued to one (1) person is not transferable to another person.

(i)

Expiration and renewal of permit.

(1)

A permit expires two (2) years from issuance unless it is renewed.

(2)

A permittee may renew a permit by, prior to its expiration, paying a renewal fee of five dollars ($5.00) per newsrack.

(j)

Denial of permit. If the director determines that the requirements of subsection (g)(1) of this section have not been met, the director shall deny the permit application, unless the noncompliance concerns the location and type of a portion of the newsracks for which there is an application in which case, the director shall deny the permit in part. The director shall deliver written notice to the applicant that the permit has been denied, in whole or in part, the basis for the denial, and a statement informing the applicant of the right to appeal the denial. The applicant shall have ten (10) business days from the receipt of notice of a denial to correct and resubmit the application or appeal the decision, in writing, to the board.

(k)

Revocation.

(1)

The director shall revoke a newsrack permit if the director determines that the permittee has:

a.

Made a false statement of material fact on the application for a newsrack permit;

b.

Failed to maintain in full force and effect the insurance required by this article;

c.

Failed to pay any fees required by this article at the time the payment was due; or

d.

Otherwise continuously violated the provisions of this article or any other law. Grounds for revocation pursuant to this subsection require a proven history of continual noncompliance with the requirements of this article or other law and consists of a minimum of four (4) violations in a twelve-month period for which citations have been issued and a final judgment of guilt or a plea of nolo contendere has been entered.

(2)

Upon revocation of a permit, the permittee may not apply for a new permit for a period of twelve (12) months from the date the revocation becomes final.

(3)

Prior to revoking the permit, the director shall deliver written notice of the possible revocation, the basis of the revocation, and a statement that the permittee has ten (10) business days after delivery to comply with the notice to prevent revocation. Upon revocation of the permit, the director shall deliver written notice of revocation, the basis of the revocation, and a statement informing the permittee of the right to appeal a revocation.

(l)

Additional newsracks. After the director has issued a permit to an applicant, the applicant may seek amendment of the permit to install additional newsracks. The director shall review, consider, and act upon a request for amendment pursuant to this section. The applicant for an amendment shall pay a fee of five dollars ($5.00) per newsrack.

(Ord. No. 2009-9129, § 2, 10-22-09)