A. This section shall govern the outdoor placement of newsracks within the Brea Downtown Newsrack District. No newsrack may be placed inthe Brea Downtown Newsrack District except by permit, in an approved location, and in compliance with all provisions of this chapter. Except when in direct conflict with this section, in which case the provisions of this section shall control, all other provisions of this chapter also shall apply to newsracks within the Brea Downtown Newsrack District.
B. Approved locations of newsracks shall be determined by the Director. Approved locations for newsracks shall be designated as primary, for immediate use, and secondary for future use, if needed. A maximum of five (5) newsrack spaces shall be provided for at an approved location and one (1) newsrack containing only the publication for which the permit applies, shall be installed per space. The approved locations of the newsracks shall be determined prior to the acceptance of newsrack permit applications for approved locations within the Brea Downtown Newsrack District. A separate newsrack permit is required for each newsrack. Each newsrack permittee shall install each permitted newsrack in strict compliance with this chapter and guidelines provided by the Director, and the installation shall be subject to inspection prior to use.
C. Newsrack spaces within the Brea Downtown Newsrack District shall be assigned to newsrack permit applicants by lottery, provided any such applicant satisfies all other applicable requirements of this chapter. Failure to win a lottery for a newsrack space shall be considered adequate grounds for denial of a newsrack permit. For each approved location, the lottery for four (4) of the newsrack spaces shall be limited to high circulation papers and the lottery for the final newsrack space shall be limited to standard circulation papers. Notwithstanding the preceding, if only one (1) high circulation paper applies for a newsrack space at an approved location, then the lottery for the final newsrack spaces shall be limited to standard circulation papers. No permit applicant shall be eligible for more than one (1) newsrack permit at any single approved location unless there are less qualified permit applicants than available spaces. The Director shall conduct the lottery by placing into a container the names of all eligible permit applicants and drawing names until the number of available spaces at an approved location reaches zero (0). The Director shall give permit applicants advance written notice of the time and place of the lottery, and shall allow members of the public to witness the lottery. Applications for a newsrack permit shall be valid for six (6) months, provided no required information has changed.
D. Subject to the provisions of paragraph E., each newsrack permit shall have a maximum term of three (3) calendar years (January 1 through December 31). Regardless of when issued, each permit shall expire on December 31 of the third year. At the expiration of each term, the Director shall re-allocate the permits by conducting an area-wide re-allocation lottery if a written re-allocation request has been submitted in the period between forty-five (45) days and thirty-five (35) days prior to the term expiration by either an existing permittee or a new permit applicant. If no such request is filed within this period, then the Director may renew the permits without conducting an area-wide re-allocation lottery. In such event, existing permittees may file applications for renewal of their permits, along with a nonrefundable renewal application fee, commencing thirty (30) days prior to the term expiration. The Director shall renew the permit, within ten (10) city business days of accepting the application, if the subject newsrack remains in compliance with this chapter.
E. If a newsrack is abandoned during the permit term, then the newsrack permit for that newsrack space shall be re-allocated for the unexpired portion of the three (3)-year term pursuant to the lottery process of paragraph C. If an area-wide re-allocation lottery is not conducted at the term expiration and a newsrack permit is not renewed by the existing permittee, then that permit shall be re-allocated pursuant to the lottery process of paragraph C. The permittee who abandoned the newsrack or who failed to renew the newsrack permit shall not be eligible to participate in the re-allocation lottery. A permittee may not substitute a different publication for a publication for which the permit was obtained.
F. Any newsrack owner denied a newsrack permit for an approved location may appeal suchdenial in accordance with the procedures set forth in paragraphs A. through C.2. of § 12.24.130 provided, however, that such denial may not be appealed if based upon results of the lottery process set forth in this section.
G. Newsracks within the Brea Downtown Newsrack District shall strictly conform to the size specifications set forth in § 12.24.050.A., and the uniform design and color specifications as established by the Director. Newsracks not complying with those physical specifications are prohibited and not allowed in the Brea Downtown Newsrack District.
H. Approved locations for newsracks, and/or any or all newsrack spaces therein, may be temporarily or permanently relocated upon five (5) city business days' prior written notice to affected newsrack owners, when deemed necessary for any public purpose as determined by the Director.
I. Notwithstanding any other provision of this chapter, no advertising material, other than the permitted news publication itself when properly located within a newsrack, may be placed within or upon any newsrack.
J. The Director may promulgate policies or procedures as necessary or convenient for the administration of this section.
(Ord. 1071, passed 7-20-04)