Division 2 — 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, and daytime and evening telephone numbers of the person filing the application;

• (2) The proposed location for the newsrack; and

• (3) Such additional information as the administrator may reasonably require to process the application.

• (D) Applications must be accompanied by a permit fee.

(Ord. 1101, passed 6-21-04)

(A) Whenever any change occurs in the information contained in the permit, the permittee must give the administrator written notice of the change within 30 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. 1101, passed 6-21-04)

After receiving a completed application, the administrator must review the application and either issue or deny a permit within 30 days.

(Ord. 1101, passed 6-21-04)

(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 in writing.

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

• (Ord. 1101, passed 6-21-04)

A permit can be denied for the following reasons:

• (A) The application is incomplete;

• (B) The applicant failed to provide reasonable supplemental application information requested by the administrator;

• (C) Information submitted by the applicant is materially false;

• (D) The application is submitted by a person with a suspended permit or whose permit was revoked; or

(E) The application seeks authorization for a newsrack that is prohibited by this code or unlawful under any other local, state, or federal law.

• (Ord. 1101, passed 6-21-04)

Where the administrator denies a permit, the administrator must serve notice to the applicant. (Ord. 1101, passed 6-21-04)

Pursuant to Cal. Civ. Proc. Code § 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 Cal. Civ. Proc. Code § 1094.8, or

any successor statute or regulation. (Ord. 1101, passed 6-21-04)

Unless suspended or revoked, permits issued pursuant to this chapter have a term of one year. Permits must be renewed not later than 30 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.

(Ord. 1101, passed 6-21-04)

(A) By resolution, the Council may from time to time establish uniform newsrack locations. The Council must first hold a public hearing, for which notice must be sent at least 15 days in advance to all persons requesting notice, or whose name and address appears on an existing newsrack in the subject location, and after such hearing must find that the location carries a substantial volume of pedestrian or vehicular traffic, that uniform newsracks are feasible at the location, and that it is in the public interest for such newsracks.

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

(C) No person may install a uniform newsrack at a uniform newsrack location without first obtaining a uniform newsrack permit from the administrator.

(D) Upon the adoption of a resolution by Council establishing a uniform newsrack location, interested persons may apply for such permit. The administrator must hold all such applications for 30 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) 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 newsrack 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.

(F) Each year, during the month of December, the administrator must draw lots in the above manner for permits for the next calendar year from among those holding permits and any new applications received by December 1.

(G) 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.

(H) Upon being granted a permit, the applicant may permanently install a uniform newsrack 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 such support structure.

(I) A uniform newsrack permit will, in addition to all other provisions of this section, be conditioned with all other requirements of this chapter.

(Ord. 1101, passed 6-21-04)