San Leandro Municipal Code Art. 2 Permits Required

(Legislative History: Ordinance No. 2005-004, 6/6/05 (Sections 5-6-200—5-6-220))

Each newsrack operator shall obtain a newsrack permit from the City as required by this Chapter prior to placing, installing or maintaining a newsrack on public property or within a public right-of-way.

Application for a newsrack permit shall be made to the Director or his/her designee on the form provided by the City. Each newsrack permit application shall include and be accompanied by the following:

(a) The name, address and telephone number of the applicant and the person(s) responsible for placement, installation, and maintenance of the newsrack(s);

(b) The number of newsracks to be placed or installed;

(c) A description of the proposed location for placement or installation of each newsrack, sufficiently detailed to demonstrate conformity with the requirements of this Chapter;

(d) The type or brand of newsrack, including a description sufficiently detailed to demonstrate conformity with the requirements of this Chapter;

(e) A nonrefundable fee, in the amount established by resolution or ordinance of the City Council;

(f) Evidence of insurance in an amount and form acceptable to the City's Risk Manager;

(g) An indemnification agreement pursuant to Section 5-6-710 of this Chapter;

(h) Identification of the size of each newsrack insert, if the proposed location of the newsrack is within the Special Newsrack Districts; and

(i) The deposit, which shall be in the form of cash, certified or cashier's check payable to the City. The deposit shall be refunded to the newsrack operator within 30 days of expiration, nonrenewal or revocation of the permit.

Applications will be processed in the order received. The content or viewpoint of the material to be distributed from a newsrack shall not be considered in reviewing and acting on the application. Upon receipt of a complete application, a newsrack permit shall be issued within 15 business days if the type of newsrack and location proposed meet the standards set forth in this Chapter, except as otherwise provided in Article 3 of this Chapter. If newsrack spaces applied for exceed newsrack spaces available, the Director shall determine procedures for the allocation of newsrack spaces by lottery or other method of random, content-neutral selection, and shall issue permits accordingly. If an application for a newsrack permit is denied, the applicant shall be notified in writing of the reason for denial within 15 business days of receipt of the application, and of the right to appeal in accordance with Section 5-6-715 of this Chapter.

Newsrack permits are valid for one year from the date of issuance. Thirty days prior to the anniversary of the date of issuance, each permit holder must submit evidence of insurance in an amount and form acceptable to the City's Risk Manager. If such evidence is submitted, the holder's permit shall be automatically renewed for one year.

Permit holders are responsible for notifying the City of any changes to the name, address or telephone number of the person(s) responsible for placement, installation and maintenance of each permitted newsrack.