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ARTICLE III. NEWSPAPER STANDS (10-28-130 et seq.)
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for a newspaper stand shall be issued on or after September 22, 1991; provided that permits that have expired or have been revoked may be reissued as provided in this article.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)
(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of emergency management and communications may from time to time reissue all or a portion of those permits that have been revoked or have expired.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)
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)
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)
(a) Within three business days after an application is filed with the commissioner of transportation for a permit for a newspaper stand, other than an application for the renewal of a permit for an existing newspaper stand, the commissioner of transportation shall deliver a duplicate of the application to the commissioner of planning and development and to the alderman of the ward in which the newspaper stand is or will be located. Upon receipt of such application, the alderman may refer the application to the city council's committee having jurisdiction over privileges for use of the public way for the purpose of conducting public hearings on the proposed permit application. All interested persons, including the applicant, shall be given an opportunity to be heard at such hearings. After conducting such hearings, the committee may issue a report summarizing the issues that were addressed at the hearings and recommending approval or denial of the application. Any such report must be filed with the commissioner of transportation not later than 30 days after the application was received by the alderman.
The committee's report on the permit application shall be based solely on the following considerations:
(1) whether the design, materials and color scheme of the newspaper stand comport with and enhance the quality and character of the streetscape, including nearby development and existing land uses;
(2) whether the newspaper stand complies with this Code;
(3) whether the applicant has previously operated a newspaper stand at that location;
(4) the extent to which services that would be offered by the newspaper stand are already available in the area;
(5) the number of daily publications proposed to be sold from the newspaper stand; and
(6) the size of the stand relative to the number of days the stand will be open and operating.
Any committee report recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifth and Fourteenth Amendments of the United States Constitution, and Sections 2 and 4 of Article I of the Illinois Constitution of 1970.
Upon receipt of the permit application, the commissioner of planning and development shall review the application and supporting materials, and shall report to the commissioner of transportation his or her recommendation for acceptance or denial based solely upon the considerations described in paragraphs (1) through (6) of this subsection (a). Such report shall be filed with the commissioner of transportation within 30 days after the application was received by the commissioner of planning and development.
In acting on all applications filed pursuant to this subsection, the commissioner of transportation shall give due consideration to the committee's report, if any, and to the recommendation of the commissioner of planning and development, and shall be bound by the same standards as apply to the committee in approving or denying a permit.
Notwithstanding any other provision to the contrary, any application under this subsection (a) for a permit for a newspaper stand to be located on property on which a designated landmark is situated, or on the public way between the street and the property line of such property, shall be subject to permit review by the commission on Chicago landmarks pursuant to Chapter 2-120 of this Code. An application for a permit for such a newspaper stand or for written approval to substantially remodel such newspaper stand shall not be considered filed with the commissioner of transportation under this article until the application is approved by the commission pursuant to that chapter.
(b) In the case of an application for renewal of a permit that has been previously issued under subsection (a), the commissioner of transportation shall renew the permit if the commissioner determines that the application and the newspaper stand are in compliance with this Code. If the commissioner of transportation determines that the application or newspaper stand is not in compliance with this Code, the commissioner of transportation shall deny the application for renewal. However, whenever the commissioner of transportation determines that the newspaper stand is otherwise in compliance with this Code, but that the design, materials and color scheme of the newspaper stand must be changed in order to comport with and enhance the quality and character of the streetscape, including nearby development and existing land uses, or to comply with any newspaper stand design standards promulgated under subsection (d), the commissioner of transportation may require that the newspaper stand be remodeled as a condition of permit renewal. In such case, the commissioner of transportation shall notify the applicant that the application for renewal has been approved, but that the newspaper stand must be remodeled in a manner specified in the notice. Whenever an applicant is required to remodel a newspaper stand pursuant to this subsection (b), the applicant shall be entitled to reimbursement for the applicant's actual, reasonable and necessary expenses in effecting the remodeling. After receiving satisfactory proof of those expenses, the commissioner of transportation shall reimburse the applicant in the amount of the expenses. A newspaper stand that is not remodeled in accordance with the specifications of the commissioner of transportation within 60 days after notice is given under this subsection shall be in violation of this Code.
(c) Any action denying or approving a permit application under subsection (a) of this section shall be made by the commissioner of transportation no less than 35 and not more than 65 days after the application is filed with the commissioner. Any action denying or approving a permit application under this subsection (b) shall be made by the commissioner of transportation within 15 days after the application is filed with the commissioner. If the commissioner denies the application, the commissioner shall notify the applicant by mail of the reasons for his or her decision. Within ten days after the notice of denial of an application is sent, the applicant may request a hearing at which the applicant will be given an opportunity to prove that the determination of the commissioner was in error. The commissioner of transportation (in cooperation with the commissioner of planning and development if the denial was based on his or her determination) shall schedule a hearing to be held within 30 days after he or she received the request. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, the hearing may be conducted by the commissioner or the commissioner's designee. If, after the hearing, commissioner of transportation determines that his or her previous determination was incorrect, the commissioner shall promptly issue or renew the permit. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, upon receipt of a request for a hearing, the commissioner of transportation (in cooperation with the commissioner of planning and development if the denial was based on his or her determination) shall institute an action with the department of administrative hearings which shall conduct the hearing and make a final determination.
(d) No newspaper stand may be substantially remodeled without prior written approval from the commissioner of transportation pursuant to the standards set forth in paragraphs (a)(1) and (a)(2) of Section 10-28-160 and any other standards therefor promulgated by the commissioner in cooperation with the department of planning and development in furtherance of the purposes of this article.
(e) Notwithstanding any other provision to the contrary, when two or more otherwise equally qualified applications are pending for new newspaper stands that are to be located in any area of the city in which only one newspaper stand is permitted, preference shall be given to the application for the newspaper stand offering the largest number of different daily publications.
(f) The commissioner may at any time provide a licensee with a newspaper stand owned by the city when the commissioner determines that such action is necessary to provide at that location a newspaper stand that will comport with and enhance the quality and character of the streetscape, including nearby development and existing land uses. Whenever such a newspaper stand is so provided, the licensee must use and maintain only that stand, and must permit removal of any other stand at the licensed location. In order to obtain newspaper stands for the purposes of this subsection, the commissioner may enter into contracts on behalf of the city for the purchase of those stands using funds appropriated for such purposes, notwithstanding any law or ordinance to the contrary, after publicly soliciting proposals to enter into such contracts.
(Prior code § 34-10.1; Amend Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-1-98, p. 65351; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 7; Amend Coun. J. 11-8-12, p. 38872, § 186; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 21)
(a) The annual fee for a newspaper stand permit shall be based on the land values and square footage of public property occupied by the newspaper stand, including any rack, awning or overhang attached thereto, and shall be determined by the commissioner of transportation in accordance with regulations promulgated by him for computing rental values for occupancies of public property. In no event shall the annual fee be less than $50.00; provided, however, the annual fee for a newspaper stand that is open and in operation only on Saturdays and/or Sundays shall be one-half of the fee that would otherwise be applicable.
(b) Before a permit is revoked pursuant to this section, notice of the revocation and the reasons therefor shall be mailed to the permit holder. Within ten days of such notice, the permit holder may request a hearing at which he will be given the opportunity to respond to the allegations in the complaint. If no request for a hearing is made within such ten-day period, the permit shall be revoked. If such a request is made, a hearing shall be scheduled by the commissioner of transportation within 30 days after receiving the request. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, if, after the hearing the commissioner determines that the allegations in the notice of revocation are true, he shall revoke the permit and order the newspaper stand removed. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing, make a final determination and order the revocation of the permit and removal of the newspaper stand, if it determines that the allegations in the revocation notice are true. Within 15 days after the permit for a newspaper stand has been revoked, the former permit holder shall remove the newspaper stand from the public way or other public property and repair any damage to the property caused by the installation or removal of the stand. If such action is not taken by the former permit holder, the city shall cause the removal and repairs to be made and may collect from the former permit holder an amount equal to the amount of the city's expenses for such removal and repair.
(c) In addition to any other authority given to the commissioner pursuant to this section, the commissioner shall cause the removal of any newspaper stand on the public way or on any other unenclosed property owned or controlled by the city for which no valid permit is in effect. Prior to doing so, the city shall post a notice on the stand stating that the stand must be removed and the public property restored to its original condition within 15 days after the date of the notice. If the name and address of the owner or operator of the newspaper stand is known to the commissioner, a copy of the notice shall be mailed to that person. The notice shall also state the owner or operator of the stand may request a hearing to demonstrate compliance with this article by filing such request in writing with the commissioner within the 15-day period. If the stand is not removed and no such request is filed within the 15-day period, the city shall cause the removal and repairs to be made and may collect from the owner or operator an amount equal to the amount of the city's expenses for such removal and repairs. If a timely request for a hearing is filed, a hearing shall be scheduled by the commissioner within 30 days after the request is made. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, if after the hearing the commissioner determines that the newspaper stand is not in compliance with this article, he shall order the stand removed and the public property repaired within 15 days. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c), upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing, make a final determination, and order the stand removed and the public property repaired within 15 days, if it determines that the newspaper stand is not in compliance with this article. If the stand is not removed and the repairs are not made within such 15-day period, the city shall cause the removal and repairs to be made and may collect from the owner or operator an amount equal to the city's expenses for such removal and repairs.
(d) Notwithstanding any provisions to the contrary, the city may remove summarily any newspaper stand that poses an immediate threat to the health or safety of the public. Within 15 days after taking such action, the commissioner shall notify by mail the holder of the permit for the newspaper stand (or, if there is no such permit and the identity and address of such person may be reasonably ascertained, the owner of the newspaper stand) of the action taken and the reasons therefor. Within ten days after such notification is made, the permit holder or newspaper stand owner may request a hearing for the purpose of determining whether the newspaper stand was in violation of this article. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, the commissioner or his designee shall conduct the hearing. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing and make a final determination. If, after such hearing, or if no timely request is made, the commissioner or the administrative law officer determines that such a violation did occur, the permit for the newspaper stand, if any, shall be revoked and the permit holder or newspaper stand owner shall be required to pay the city an amount equal to the amount of the city's expense in removing the newspaper stand and making necessary repairs.
(Added Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 11-12-97, p. 56814; Amend Coun. J. 4-29-98, p. 66565; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. III, § 2)
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