Manhattan Beach Municipal Code Ch. 3.48 Newspaper Vending Machines and News Racks on the Public Right of Way

As used in this chapter:

A. "News rack" shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and/or sale of newspapers or news periodicals.

B. "Street" shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

C. "Roadway" shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel.

D. "Parkway" shall mean that area between the sidewalk and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and the property line adjacent thereto. "Parkway" shall also include any area within a roadway which is not open to vehicular travel.

E. "Sidewalk" shall mean any surface provided for the exclusive use of pedestrians.

F. "Harmful matter" shall mean matter taken as a whole, the predominant appeal of which to the average person, is to prurient interest, meaning a shameful or morbid interest in nudity, sex or excretion, and is patently offensive to the prevailing standards in the adult community as a whole with respect to what is a suitable matter for minors, and lacks significant literary, artistic, political, education, or scientific value for minors.

1. When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that is designed for clearly defined deviant sexual groups, the predominant appeal of the matter shall be judged with reference to its intended recipient group.

2. In prosecutions under this chapter, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matters being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks significant literary, artistic, political, educational, or scientific value for minors.

G. "Matter" shall mean any book, magazine, newspaper, or any other printed or written material or any picture, drawing, photograph, motion picture, or any other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials.

H. "Person" shall mean any individual, partnership, firm, association, corporation, limited liability company or other legal entity.

I. "Distributor" shall mean the person responsible for placing and maintaining a news rack in or on a public right-of-way.

J. "Knowingly" shall mean being aware of the character of the matter.

K. "Display" shall mean to show.

L. "Minor" shall mean any natural person under eighteen (18) years of age.

M. "Blinder rack" shall mean any opaque material placed in front of the harmful matter and within the news rack which prevents exposure to public view.

N. "All City area" shall mean all City right-of-way.

(§ 1, Ord. 1994, eff. February 4, 1999, as amended by § 2, Ord. 2020, eff. November 16, 2000)

No news rack may be located on a City right-of-way without a permit being issued under this chapter. News racks on State or County right-of-way shall require a permit from the appropriate property owner or public agency responsible for the right-of-way but shall otherwise comply with the provisions of this chapter.

(§ 1, Ord. 1994, eff. February 4, 1999)

A. General. News rack permits shall be issued pursuant to the procedures set forth in this section on a first-come, first-serve basis as news rack space permits.

B. Permit. A news rack permit application shall be filed with the Public Works Director and shall include at least the following:

1. The name, address and telephone number of the permittee, who may be either the publisher of the news rack material or the distributor.

2. The name, address and telephone number of a representative of the permittee or other responsible person to receive notices regarding the news rack.

3. The proposed location of the news rack, including a drawing of the sidewalk, streets, and other adjacent improvements, including:

a. The nearest buildings and driveways;

b. The nearest bus stops and benches and fire hydrants; and

c. Each existing news rack, including the name of the news rack material contained therein.

The drawing shall show distances between the news rack and the other required features required to be shown.

4. An agreement, in a form to be provided by the City, under which the City is indemnified as to any claims or damages which may occur because of use, installation or placement of the news rack.

C. Fee. Each news rack permit application shall be accompanied by an application fee as established by resolution of the City Council.

D. Permit Deadline. Any news rack located within the right-of-way on the effective date of the ordinance codified in this chapter has sixty (60) days to comply with provisions of this chapter.

E. Issuance. Within ten (10) business days of receipt of a complete permit application, and upon finding that the application complies with the provisions of this chapter, and finding that the application has discharged any debt to the City which may be owed pursuant to this chapter, the Public Works Director or their designee shall permit the news rack and issue to the applicant a sticker, evidencing a permitted news rack, which shall promptly be affixed to the news rack in the manner specified by the Public Works Director.

F. Denial. If permit is denied, within ten (10) business days of receipt of the application, the applicant shall be notified in writing of the specific cause of such denial by the Public Works Director. No appeal provided.

G. Term. Each permit issued hereunder shall be for a period of one (1) year, but shall be revocable at any time at the City's sole discretion.

(§ 1, Ord. 1994, eff. February 4, 1999)

No person shall install, use or maintain any news rack or other similar device which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street.

(§ 1, Ord. 1994, eff. February 4, 1999)

No person shall install, use or maintain any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such news rack unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, other objects permitted at or near said location, or when such news rack interferes with the cleaning of any sidewalk. It is the intent of this chapter for distributors to install publication containers capable of being vertically stacked on top of each other.

A. News racks shall only be placed pursuant to approval by the Director of Public Works near a curb or adjacent to the wall of a building. News racks placed near the curb shall be placed no less than eighteen inches (18″) nor more than twenty-four inches (24″) from the edge of the curb. News racks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches (6″) nor more than eighteen inches (18″) from the wall. No news rack shall be placed or maintained on the sidewalk or parkway opposite a news stand or another news rack.

B. All news racks shall be bolted to the sidewalk per approval of the Public Works Director.

C. No more than five (5) news rack spaces will be permitted on any given block. As used herein, "block" shall mean both sides of a street between two (2) consecutive intersecting streets. The Director of Public Works may reasonably reduce the number of news rack spaces on any given block based on aesthetic or safety considerations. K-Jack Model Series 50 publication containers are designed to be stacked vertically and connected horizontally. Distributors shall be required to first stack their publication container prior to establishing a new space. For the purposes of determining how many news racks may be attached to upon one another or placed adjacent to one another, the following shall apply:

1. Each unit consisting of one (1) publication container and one (1) news rack base, or incorporating both functions in one (1) unit, shall be considered one (1) news rack space.

2. Two publication containers stacked vertically and sharing one (1) news rack base shall be considered one (1) news rack space.

3. If two (2) or more publication containers are joined horizontally, each publication container shall be considered one (1) new rack space.

D. Notwithstanding the provisions of Section 3.48.020, no news rack shall be placed, installed, used or maintained:

1. Within five feet (5′) of any marked crosswalk;

2. Within fifteen feet (15′) of the curb return of any unmarked crosswalk;

3. Within five feet (5′) of any fire hydrant, fire call box, police call box or other emergency facility;

4. Within five feet (5′) of any driveway;

5. Within the sidewalk area adjacent to any bus zone:

a. Fifteen feet (15′) ahead of and ten feet (10′) to the rear of any red curb markings, or

b. Twenty feet (20′) to the rear and thirty feet (30′) ahead of any bus stop sign where there are no red curb markings;

6. Within three feet (3′) of the outer edge any bus bench;

7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet (4′);

8. Within three feet (3′) of any area improved with lawn, flowers, shrubs or trees or within three feet (3′) of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.

(§ 1, Ord. 1994, eff. February 4, 1999, as amended by § 3, Ord. 2020, eff. November 16, 2000)

Any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards:

A. No news rack shall exceed forty-eight inches (48″) in height, thirty inches (30″) in width or twenty-four inches (24″) in thickness.

B. News racks shall be the standard K-Jack Engineering Company, Model Series 50 which shall be securely bolted to the sidewalk.

C. News racks shall be painted a color equivalent to K-Jack Engineering Company "post blue."

D. Each news rack shall be constructed and located in compliance with this chapter and in such manner as to comply with all state and federal regulations concerning access by disabled persons.

E. Each news rack shall have affixed to it in a readily visible place so as to be seen by anyone using the news rack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this chapter.

F. No news rack shall be chained, bolted or otherwise attached to any property without the express written permission of the owner of such property.

G. No news rack shall be used for advertising signs or publicity purposes other than that dealing with the display and/or sale or purchase of the newspaper or news periodical sold therein. Only the front side of a publication container may be used for such purposes. The back side of the container must be free and clear of all advertising.

H. Each news rack shall be maintained in a clean, neat and attractive condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each news rack shall be serviced and maintained so that:

1. It is reasonably free of dirt and grease;

2. It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;

3. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereof;

4. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;

5. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading;

6. The structural parts thereof are not broken or unduly misshapen.

(§ 1, Ord. 1994, eff. February 4, 1999, as amended by § 3, Ord. 2020, eff. November 16, 2000)

A. It is the purpose of the City Council to strictly regulate the location of news racks in the all City area so as to fairly and equitably distribute the available news rack spaces among the distributors of news rack materials regularly distributed to the City.

B. No person shall place or maintain a news rack in the all City area except in approved locations as designated by five-eighths inch (⅝″) corner marks set in the public right-of-way by the Department of Public Works. All news racks shall be placed within the corner marks.

C. Any person or distributor seeking to place a news rack in the all City area shall submit a application requesting such space on a first-come, first-serve basis. No more than one-half (½) space as defined in Section 3.48.050(C)(1) shall be allocated to any one (1) publication. The Public Works Director may grant additional space to a publication as space permits but only after the initial sixty (60) day application period has elapsed. In the event there is a conflict between newspapers seeking the same location, and there are insufficient news rack spaces remaining to accommodate the conflicting newspapers, then the Public Works Director or their designee shall assign the spaces by placing the names of applicants for the remaining spaces at a location into a container from which the names shall be drawn, one (1) at a time until the spaces have been filled. Such drawing shall be open to the public at a time and date designated by the Public Works Director.

D. In the event of a conflict between the requirements of this section and the general requirements for news racks contained elsewhere in this chapter, this section shall control in the all City area.

E. This provision may be applied to other special areas of the City as determined by the Public Works Director if he or she can make a finding that the public health, safety and welfare will benefit from the application of these restrictions.

(§ 1, Ord. 1994, eff. February 4, 1999, as amended by § 3, Ord. 2020, eff. November 16, 2000)

A. No publication which is prohibited by the laws of the State from sale or distribution to minors, may be offered for sale to the public unless such offer of sale is made or maintained in the presence of an attendant with the ability to prevent the purchase of such publication by a minor.

B. No publication may be offered for sale to the public on any public right-of-way by means of such news rack in such manner as to expose to the public view any photograph or drawing contained within such publication displaying any of the following:

1. The genitals, pubic hair, buttocks, natal cleft perineum, anal region or pubic hair region on any person other than a child under the age of puberty;

2. Any portion of the breast, at or below the areola, of any female person, other than a child under the age of puberty;

3. No person shall cause, permit, procure, counsel or assist in any offer of sale of any such publication in violation of this section.

C. Any publication offered for sale in violation of this section constitutes a public nuisance.

(§ 1, Ord. 1994, eff. February 4, 1999)

Any person who knowingly displays, or causes to be displayed, harmful matter as defined in Section 3.48.010 of this chapter in any news rack which is located on a public sidewalk, or any other public place from which minors are not excluded, is guilty of a misdemeanor, unless such person places what is commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view.

(§ 1, Ord. 1994, eff. February 4, 1999)

Each permit issued pursuant to this chapter shall be subject to a requirement that the permittee agrees to defend, indemnify and hold harmless the City and its officers and employees from any claim, damage or liability arising from the news rack.

(§ 1, Ord. 1994, eff. February 4, 1999)

No person, association, firm or corporation shall place, locate or maintain a news rack on a public right-of-way unless there is on file with the City Attorney, in full force and effect at all times, a document issued by an A-:V rated insurance company authorized to do business in the State of California evidencing that the applicant is insured under a liability insurance policy providing minimum coverage of one million dollars ($1,000,000.00) for each person who suffers injury or death arising out of the location, placement or operation of the licensee's equipment and an endorsement having the City as additional insured on said policy. A separate certificate is not required for each news rack so long as the certificate evidences coverage for all news racks placed, located or maintained by the person, association, firm or corporation involved.

(§ 1, Ord. 1994, eff. February 4, 1999)

The costs of installation, maintenance, replacement, removal, and relocation of news racks shall be at the sole expense of the owner or permittee. Upon removal of a news rack, the owner or permittee shall, at his or her sole expense, cause the public right-of-way and any improvements thereon to be promptly repaired to a condition which would have existed had the news rack not been placed at that location. If those repairs are not timely made, the City may undertake that repair work and collect from the owner or permittee the costs thereof, including reasonable attorney fees and related costs of collection.

(§ 1, Ord. 1994, eff. February 4, 1999)

Any person owning or entitled to possession of any news rack located within the City as of the effective date of the ordinance enacting the 1998 amendments to this chapter shall, within sixty (60) days thereafter permit the news rack in the manner provided in this chapter and shall from the date of issuance of the permit be subject to the provisions of this chapter.

(§ 1, Ord. 1994, eff. February 4, 1999)

If a news rack is unused for a period of more than ten (10) business days, it shall be considered abandoned and the Public Works Director may thereupon give notice to the permittee to remove the news rack. If the news rack is not removed or again placed in use as a news rack within ten (10) business days of the notice the Public Works Director may remove and store the news rack pursuant to Section 3.48.150 of this chapter.

(§ 1, Ord. 1994, eff. February 4, 1999)

A. General. Upon determination by the Public Works Director that a news rack has been installed, used or maintained in violation of this chapter, a notice to correct shall be issued which shall specify the manner in which this chapter is violated and request compliance. The order shall be telephoned to the distributor and confirmed by mailing a copy of the notice by certified mail, return receipt requested. A hearing with regard to the notice to correct may be requested. Failure to either properly correct the offending condition or request a hearing on the notice within ten (10) business days after the mailing date of the notice shall result in removal and storage of the news rack by the Public Works Director at any time after expiration of the ten (10) day period.

B. Hearing. If a hearing is requested, it shall be provided within ten (10) business days of the request and shall be conducted by the City Manager or his or her designee. The appellant shall be given at least five (5) business days notice of the time and place of the hearing and shall be entitled to present evidence showing that the news rack was not installed, used or maintained in violation of this chapter. The hearing shall be conducted in a manner designed to ascertain the facts without an undue consumption of time or resources. Formal rules of evidence shall not be followed, nor shall any part have the right to require that witnesses be sworn or subject to cross examination. The City Manager or his or her designee shall either affirm, vacate or modify the order to correct upon completion of the hearing. The order to correct shall be stayed pending completion of the hearing and rendering of a decision. If the order to correct is not vacated, the distributor shall comply with the order within three (3) days of the decision: failure to comply shall result in removal and storage of the news rack by the Public Works Director.

C. Storage Costs. The costs of removal and storage of any news rack shall be borne by the owner thereof and may be collected by the City in the same manner as it collects any other civil debt or obligation. No news rack which has been removed and stored by the City shall be released to the owner unless the costs of removal, storage and any necessary repair to the premises on which the news rack was placed have been paid. If a news rack which has been removed and stored remains unclaimed for a period of ten (10) business days, it shall be deemed to be unclaimed personal property and disposed of in accordance with law.

(§ 1, Ord. 1994, eff. February 4, 1999)