Hawthorne Municipal Code Art. II Permits

A. Permit applications must be filed by a natural person in the name of each applicant proposing to obtain a permit.

B. Every application must be signed by the applicant, or the applicant's authorized representative, under penalty of perjury.

C. Permit applications, and permits, will be in a form prescribed by the administrator and contain all of the following information:

1. The name, mailing address, email address, facsimile number and daytime, evening and cell telephone numbers of the person filing the application;

2. The proposed location for the news rack; identify the particular point at that location where the news rack is proposed to be installed; specify the number of news racks at the location; and

3. Specify the style, size, color or other attributes of the news rack; specify whether the publication is every day, one day of the week, etc.

4. Execute release and hold harmless agreement re: removal of any of applicant/permittee's news rack for reasons of abandonment or other violations of this chapter.

5. Whether publication is adjudicated or nonadjudicated in Los Angeles County.

D. Applications must be accompanied by an administrative fee for processing the application. Such fees shall be established by resolution.

(Ord. 1797 § 2, 2004)

A. Whenever any change occurs in the information contained in the permit, the permittee must give the administrator written notice of the change within thirty days of the date that the change becomes effective.

B. If a permittee fails to give the administrator timely written notice of a change in the information contained in the application, the administrator may charge the permittee an additional administrative fee.

(Ord. 1797 § 2, 2004)

After receiving an application, the administrator shall notify the applicant within ten days that the application is not complete and return said application. However, after receiving a completed application, the administrator must review the application and either issue or deny a permit within thirty days.

(Ord. 1797 § 2, 2004)

A. The administrator must issue a permit if:

1. The application was complete in accordance with this chapter;

2. There are no grounds for denying the permit; and

3. The applicant accepts the permit with all conditions within permit and that applicant agrees to abide by this ordinance in writing.

B. Use of any permit issued pursuant to this chapter must conform to the permit conditions of this chapter.

(Ord. 1797 § 2, 2004)

A permit can be denied for the following reasons:

A. The application is incomplete;

B. Information submitted by the applicant is materially false;

C. The application is submitted by a person with a suspended permit or whose permit was revoked; or

D. The application seeks authorization for a news rack that is prohibited by this code or unlawful under any other local, state, or federal law.

(Ord. 1797 § 2, 2004)

Where the administrator denies a permit, the administrator must serve notice to the applicant.

(Ord. 1797 § 2, 2004)

Pursuant to California Code of Civil Procedure Section 1094.8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in California Code of Civil Procedure Section 1094.8, or any successor statute or regulation.

(Ord. 1797 § 2, 2004)

Unless suspended or revoked, permits issued pursuant to this chapter have a term of one year. Permits must be renewed not later than thirty days before they expire in order to be maintained. Should a permit expire, the permittee must comply with this chapter to obtain a new permit. Permit renewal shall be December of each calendar year.

(Ord. 1797 § 2, 2004)

A. By resolution, the council may from time to time establish uniform news rack locations. The council must first hold a public hearing, for which notice must be sent at least fifteen days in advance to all persons requesting notice, or whose name and address appears on an existing news rack in the subject location, and after such hearing must find that the location carries a substantial volume of pedestrian or vehicular traffic, that uniform news racks are feasible at the location, and that it is in the public interest for such news racks.

B. The resolution must designate the location where uniform news racks may be installed; specify the maximum number of uniform news racks to be allowed at that location; and specify the style, size, color or other attributes required of uniform news racks at the location. Specifications shall not require that uniform news racks be made by any particular manufacturer. The resolution may direct the administrator to install a kiosk(s), pedestal(s) and, other support structures to accommodate a stated number of news racks.

C. No person may install a uniform news rack at a uniform news rack location without first obtaining a uniform news rack permit from the administrator.

D. Upon the adoption of a resolution by council establishing a uniform news rack location, interested persons may apply for such permit. The administrator must hold all such applications for thirty days after the date the resolution was adopted and may then issue all permits applied for up to the maximum number established, if any, in the resolution.

E. As long as administrative processing fee and renewal fee have been paid, no fee will be charged for the uniform news rack permit.

F. Permits are determined by a random selection process. The first application identified by random selection will be issued a permit for the most favorable location, and so on until the maximum number, if any, is reached. Applicants seeking permits for more than one news rack in a single location will be allotted adjacent spaces. The remaining applications must be denied and the applicants notified. Where fewer applications are received than the maximum number of positions allowed by the resolution, permits for the remaining positions may be allotted on a first-come, first-served basis.

G. Once the remaining positions have been filled, said publications will not thereafter be required to submit an application for their allotted news rack position except in instances when their permit has been revoked, or where the news rack is abandoned. Renewal of the aforementioned permits shall be automatic except where the permit has been previously revoked, or where the news rack has been abandoned. Payment of any renewal fee will also be required.

H. The council may at any time, on its own motion or upon request of any person, by resolution, increase the maximum number of available positions. In the event of such increase, or in the event a position becomes available by abandonment or otherwise, such position(s) must be allotted by the above procedure.

I. Upon being granted a permit, the applicant may permanently install a uniform news rack as described in the resolution, either affixing it to the pavement or ground, or in the event the resolution directs the administrator to install support structures, then to install such support structure.

J. A uniform news rack permit will, in addition to all other provisions of this section, be conditioned with all other requirements of this chapter.

(Ord. 1797 § 2, 2004; Ord. 1868 § 1, 2006)

A. Non-uniform news rack permits are determined by a random selection process. The first application identified by random selection will be issued a permit for the most favorable location, and so on until the maximum number, if any, is reached. Applicants seeking permits for more than one news rack in a single location will be allotted adjacent spaces. The remaining applications must be denied and the applicants notified. Where fewer applications are received than the maximum number of positions allowed by the resolution, permits for the remaining positions may be allotted on a first-come, first-served basis.

B. Once the remaining positions have been filled, the publications will not thereafter be required to submit an application for their allotted news rack position except in instances when their permit has been revoked, or where the news rack is abandoned. Renewal of the aforementioned permits shall be automatic except where the permit has been previously revoked, or where the news rack has been abandoned. Payment of any renewal fee will also be required.

(Ord. 1797 § 2, 2004)