ARTICLE II-A. RESERVED*

* Editor's note – Coun. J. 12-15-99, p. 21529, § 6, repealed Art. II-A, §§ 10-28-121 – 10-28-128, which pertained to kiosks.

ARTICLE III. NEWSPAPER STANDS (10-28-130 et seq.)

10-28-130 Permit required.

   It shall be unlawful for any person to erect, locate, construct or maintain any newspaper stand on the public way or any other unenclosed property owned or controlled by the city without obtaining a permit therefor from the commissioner of transportation and as hereinafter provided. No new permit for a newspaper stand shall be issued on or after September 22, 1991; provided that permits that have expired or have been revoked may be reissued as provided in this article.

   Any newspaper stand on the public way authorized pursuant to this section shall not require the issuance of a public way use permit pursuant to Section 10-28-010.

(Prior code § 34-8; Amend Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 1-13-10, p. 83228, § 1)

10-28-135 Expiration of permit.

   (a)   Notwithstanding any provision to the contrary, all newspaper stand permits issued prior to the effective date of this section shall expire on January 1, 1992; provided, that any such permit for which no newspaper stand is in existence on the effective date of this section shall expire on such effective date. Such permits may not be renewed but may be reissued by the commissioner as provided in this article. Notwithstanding any other provision to the contrary, any newspaper stand operated pursuant to a permit issued prior to the effective date of this section shall not be subject to the provisions of Sections 10-28-165 and 10-28-170 prior to the expiration of such permit.

   (b)   The commissioner transportation of emergency management and communications may from time to time reissue all or a portion of those permits that have been revoked or have expired. The commissioner shall advertise in a newspaper of general circulation within the city the availability of such permits at least ten days prior to accepting applications for the permits.

(Added Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)

10-28-140 Permit provisions.

   Said permit shall state thereon the name and address of the permittee and the location for which said permit is granted. It shall provide that the permittee therein named shall indemnify and save harmless the city against all liability, judgments, costs, damages and expense which may in any way come against the city in consequence of the granting of said permit or which may accrue against, or be charged to, or be recovered from said city from or on account of any act or thing done by the permittee by virtue of the authority given in said permit.

(Prior code § 34-9)

10-28-150 Application for permit.

   Application for a permit for a newspaper stand or for renewal of such permit shall be made to the commissioner of transportation upon such form as shall be provided by him, and shall contain the name and address of the applicant, the location or proposed location of such newspaper stand, the number of daily publications and other publications that will be sold from the stand, the number of days of the week that the stand will be open and operating, and a statement that such permit will be accepted subject to the conditions and provisions thereof and subject to the conditions and provisions of all laws and ordinances affecting the maintenance of such newspaper stand now or hereafter in effect. Such application shall be signed by the applicant. The commissioner of transportation shall require the applicant to submit additional supporting materials reasonably necessary to determine compliance with this Code. In the case of an application that is subject to review under Section 10-28-160(a), such supporting materials shall include plans, drawings, photographs, and information about existing or proposed building materials and color schemes in sufficient detail to ensure compliance with this Code.

(Prior code § 34-10; Amend Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)