§ 34-42. Compliance with this article.

(a)

The provisions of this article shall apply to all newsracks in the city.

(b)

Within thirty (30) days of the effective date of this article, an owner of a newsrack located on rights-of-way prior to the effective date of this article shall apply for a permit. Any newsrack for which no permit has been applied within thirty (30) days of the effective date of this article shall be removed.

(c)

Initial allocation of spaces in compliance with locational requirements. At the end of the thirty-day period, the director shall use the following method to assign locations to those persons who have applied for permits for newsracks located on rights-of-way prior to the effective date of this article.

(1)

If the number of newsracks located on the blockface of a right-of-way as of the effective date of this article equals the number of newsrack spaces allowed on the blockface under this article, the publications dispensed in those lawfully-operated newsracks will each be allocated a newsrack space on the blockface as long as compliance with this section is maintained. The publishers of the publications allocated newsrack spaces under this subsection shall select locations on the blockface in the order in which their completed license applications are received by the director in compliance with this section, with the first received having first choice.

(2)

If the number of newsracks located on the blockface of a right-of-way as of the effective date of this article is less than the number of newsrack spaces allowed on the blockface under this article, the publications dispensed in those lawfully-operated newsracks will each be allocated a newsrack space on the blockface as long as compliance with this section is maintained. The publishers of the existing publications allocated newsrack spaces under this section shall select locations on the blockface in the order in which their completed license applications are received by the director in compliance with this article, with the first received having first choice. The remaining newsrack spaces will be allocated through the lottery process described in subsection (c)(3) of this section.

(3)

If the number of newsracks located in a blockface of right-of-way as of the effective date of this article exceeds the number that can operate lawfully on the blockface pursuant to this article, the director shall conduct a lottery to determine the allocation of the newsrack spaces. The director shall place in a pool the names of all publications dispensed in the newsracks that are being lawfully operated on the blockface. If the same publication is being dispensed by more than one newsrack on the blockface, its name will be placed in the pool twice. The director shall draw from the pool a number of publication names equal to the number of newsrack spaces allowed under this article on that blockface. The director shall assign numbers to the names, beginning with the number "1" for the first drawn name and continuing in a sequential manner. The publications whose names are drawn will be allocated a newsrack space on the blockface as long as compliance with this article is maintained. The publishers of the publications allocated a newsrack space through the lottery process will select locations on the blockface in the order in which their publication names were drawn, with number "1" having first choice. The director shall draw the remaining publication names from the pool and assign them a number, beginning with the number following the one assigned to the last publication allocated a newsrack space on the blockface. These remaining publications will be allocated a newsrack space on the blockface (in the order drawn) only if any of the other publications originally allocated a newsrack space on the blockface do not want the space or do not qualify for the space. The publisher of any publication that is not allocated a newsrack space on the blockface shall remove the newsrack containing that publication within ten (10) days after the date the lottery is conducted.

(d)

After the initial allocation of newsrack spaces, permits will be granted on a first come, first served basis.

(Ord. No. 2009-9129, § 2, 10-22-09)