17.12.060 ISSUANCE AND EXPIRATION OF PERMIT.
(a) News Dispensers outside the Mandatory Modular Area. After receiving a completed application form, the Director of Public Works shall issue a permit within thirty (30) calendar days to a Publisher if the proposed location and the News Dispenser comply with the standards set forth in this chapter and the other requirements of this section are met. If the application is incomplete or is otherwise deficient or the permit cannot be issued for any reason, the applicant shall be notified of the deficiencies or reasons within fifteen (15) calendar days of receipt of the original application form.
(b) Modular Newsracks within the Mandatory Modular Area.
(1) After receiving a completed application form, the Director of Public Works shall issue a permit within thirty (30) calendar days to a Publisher if there is unreserved compartment space available within the Mandatory Modular Area, the compartment complies with the standards set forth in this chapter and the other requirements of this section are met. The schedule and procedures for replacement of Freestanding Newsracks with Modular Newsracks shall be in accord with Section 17.12.060 (i). If the Director deems an application to be incomplete or otherwise deficient or the permit cannot be issued for lack of available space or any reason, the applicant shall be notified of the deficiencies or reasons within fifteen (15) calendar days of receipt of the original application form.
(2) If compartment space is not available and not planned for in any program to expand installation of Modular Newsracks, then the applicant shall be informed of areas within the Downtown Area where Modular Newsracks may be placed based upon the criteria set forth in Section 17.12.030 and a permit shall be issued for installation of a Modular Newsrack in one of those areas that complies with the standards set forth therein and with this chapter and when the other requirements of this section are met.
(3) If under the provisions of Section 17.12.030, there remain no areas within the Downtown Area where Modular Newsracks may be placed, then the applicant shall be placed upon a priority list as described in Section 17.12.070.
(4) When issued a permit for a compartment, the applicant shall purchase its own compartment and deliver it to the Operator in accord with the conditions stipulated on the permit.
(5) Prohibited Locations. Notwithstanding the applicability of the criteria set forth above, due to roadway constriction and congestion, News Dispensers shall not be placed on Main Street between First Avenue and Third Avenue.
(c) The continuing validity of such permit shall be conditioned upon continued compliance with all the provisions of this chapter. Failure to so comply shall be grounds for removal or recapture in accord with section 17.12.140.
(d) For purposes of this chapter, an application shall not be deemed complete until the City receives proof of compliance with insurance requirements and the payment of any fees required for Newsracks under the City's Comprehensive Fee Schedule. Any permit not issued within thirty calendar days of the receipt of a complete application shall be deemed denied.
(e) Permits shall be valid for one year from the date of issuance and upon furnishing proof of compliance with insurance requirements and payment of fees for the upcoming permit period, shall be automatically renewed for one year on each anniversary of issuance unless a notice of nonrenewal is sent by first class mail to the permittee at least 15 days prior to the expiration date of the permit. Such notice of nonrenewal shall only be sent for failure to furnish proof of insurance and/or payment of fees and automatic permit renewal shall not take place unless the insurance or fee deficiency is corrected prior to the end of the current permit period. After notice of nonrenewal has been sent, failure to furnish proof of insurance and/or payment of fees within 30 days after the end of the permit period shall render the permit nonrenewable and require the Publisher to remove all News Dispensers governed by the permit from the Public Right-of-Way.
(f) Permits shall not be transferable and shall be evidenced by a sticker issued by the City and displayed on the News Dispenser or Compartment.
(g) Insurance shall be provided under the same terms as required for a public works encroachment permit.
(h) The Director is immediately authorized without need for further Council approval to institute implementing procedures and to create forms for the issuance of permits in accord with this section on a rotational or other reasonable basis that will allow for the orderly and efficient processing of permit applications and renewals.
(i) Replacement of Freestanding Newsracks in the Mandatory Modular Area with Modular Newsracks shall be accomplished according to the following:
(1) The Director shall determine the Block Faces to be next replaced by Modular Newsracks and notify Publishers that have Compartments assigned under the Stipulated Distribution Agreement within those Block Faces that they shall File a Permit Application, pay applicable fees and deliver to the Operator a Compartment meeting the specifications required under the Newsrack Ordinance within 30 days. The Director may grant an extension to a Publisher if it can be shown that Compartments are not commercially available within the 30-day period.
(2) In the event the Publisher has not filed for a Permit or delivered a Compartment to the Operator within the 30-day time period, or any extension thereof, the assigned Compartment space shall be reassigned to the next Publisher on the priority list.
At such time as the Operator has received Compartments from all Publishers assigned to a particular modular unit, the Operator shall install the modular stand and the Compartments and notify the relevant Publishers of such installation. At such time as all modular units designated to be installed under a priority list established under Section 17.12.070, have been installed on a particular Block Face, the Operator shall notify the City. At that time, the City shall notify all Publishers that all Freestanding Newsracks shall be removed from that Block Face within 20 days. Permit Fees. At least 15 days prior to the establishment of any proposed Fee or Fee increase, City shall mail written notice to all affected Publishers of the time and place of the meeting at which such increase shall be considered by the City Council.