The city shall ensure that modular news rack dispensing devices are allocated in accordance with the following procedure:
(A) Each dispensing device in a modular news rack shall contain copies of only one newspaper or other publication, and have a door that is sized to fit and display such newspaper or other publications.
(B) The city shall ensure that there are enough dispensing devices in each modular news rack to accommodate all publishers who initially wish to distribute their newspapers and other publications at that location, up to a maximum of 16 devices per news rack in the modular news rack district. If more than 16 publishers wish to distribute newspapers or other publications at that location, then the devices shall be allocated as follows:
(1) Priority shall be given to publishers who continuously have distributed newspapers or other publications in news racks at that location for more than 12 months before the effective date of this chapter, as indicated by the publisher's affidavit provided to the city;
(2) Among publishers who have priority under this division, devices will be allocated first to newspapers and other publications issued at least five calendar days per week; second to newspapers and other publications issued between two-four calendar days per week; third to newspapers and other publications issued once a week; and fourth to newspapers and other publications issued less frequently;
(3) If there are more devices than publishers with priority under this section, then the city shall allocate the remaining devices among publishers who do not have priority, first to newspapers and other publications issued at least five calendar days per week; second to newspapers and other publications issued between two-four calendar days per week; third to newspapers and other publications issued once a week; and fourth to newspapers and other publications issued less frequently;
(4) Notwithstanding these requirements, no newspaper or other publication may receive a second space in a modular news rack until all other interested publishers have had the opportunity to have their newspaper or other publication allocated to a device;
(5) Whenever additional devices become available, they shall be allocated in the manner described in this division; and,
(6) In the event two or more publishers have equal priority under this division, then allocation shall be through a lottery or other random method.
(C) For initial assignment of news rack space, the city shall notify via certified mail all publishers who currently distribute their newspapers and other publications at each location where the city is installing a modular news rack. Such notification shall at a minimum consist of a copy of the city's application for modular news rack space. On the application, each publisher shall include the number of devices and locations it is seeking. All applications shall be returned to the Licensing Director, who shall ensure that devices are allocated in accordance with the procedures set forth above. Initial applications for news rack space must be received by the Licensing Director within ten business days of the city's notification to all publishers.
(D) After the initial assignment of news rack space, any publisher seeking to place its publication within the modular news rack district must fill out an application for modular news rack space and submit it to the Licensing Director, who shall ensure that devices are allocated in accordance with the procedures set forth above.
(E) The opportunity of publishers to have their newspapers and other publications distributed from the modular news rack devices shall not be affected whatsoever by their content, consistent with the First Amendment to the United States Constitution.
(Ord. 10-63, passed 10-12-2010)