(a) Initial allocation. Before June 1, 2009, the director shall allocate locations for freestanding newsracks in accordance with the following procedures:
(1) The director shall determine how many freestanding newsracks may be placed on a blockface in locations complying with this division.
(2) The director shall determine how many freestanding newsracks are being lawfully operated on the blockface. A freestanding newsrack will be considered as being lawfully operated on a particular blockface if it is designated as being located on that blockface in the most recent list of newsrack locations:
(A) provided to the director before May 28, 2008 by a publisher holding a valid newsrack license issued by the city council or a valid temporary newsrack license issued by the director before May 28, 2008; or
(B) provided to the director by a publisher within 10 calendar days after the director’s issuance of a temporary newsrack license occurring on or after May 28, 2008.
(3) If the number of lawfully-operated freestanding newsracks on the blockface exceeds the number of newsrack spaces allowed on the blockface under this division, the director shall conduct a lottery to determine the allocation of the newsrack spaces.
(4) The director shall place in a pool the names of all publications dispensed in the freestanding newsracks that are being lawfully operated on the blockface. If the same publication is being dispensed by more than one newsrack on the blockface, its name will be placed in the pool twice. The director shall draw from the pool a number of publication names equal to the number of newsrack spaces allowed under this division on that blockface. The director shall assign numbers to the names, beginning with the Number 1 for the first-drawn name and continuing in a sequential manner. The publications whose names are drawn will be allocated a newsrack space on the blockface as long as compliance with this division is maintained. The publishers of the publications allocated a newsrack space through the lottery process will select locations on the blockface in the order in which their publication names were drawn, with Number 1 having first choice. The director shall draw the remaining publication names from the pool and assign them a number, beginning with the number following the one assigned to the last publication allocated a newsrack space on the blockface. These remaining publications will be allocated a newsrack space on the blockface (in the order drawn) only if any of the other publications originally allocated a newsrack space on the blockface do not want the space or do not qualify for the space. The publisher of any publication that is not allocated a newsrack space on the blockface shall remove the newsrack containing that publication within 10 days after the date the lottery is conducted.
(5) If the number of lawfully-operated freestanding newsracks on the blockface equals the number of newsrack spaces allowed on the blockface under this division, the publications dispensed in those lawfully-operated newsracks will each be allocated a newsrack space on the blockface as long as compliance with this division is maintained. The publishers of the publications allocated newsrack spaces under this paragraph shall select locations on the blockface in the order in which their completed license applications are received by the director in compliance with this division, with the first received having first choice.
(6) If the number of lawfully-operated freestanding newsracks on the blockface is less than the number of newsrack spaces allowed on the blockface under this division, the publications dispensed in those lawfully-operated newsracks will each be allocated a newsrack space on the blockface as long as compliance with this division is maintained. The publishers of the existing publications allocated newsrack spaces under this paragraph shall select locations on the blockface in the order in which their completed license applications are received by the director in compliance with this division, with the first received having first choice. The remaining newsrack spaces will be allocated through the lottery process described in Subsection (b) of this section.
(b) Future allocation. After the initial allocation of newsrack locations under Subsection (a), whenever one or more freestanding newsrack spaces become available on a blockface, the director shall allocate the newsrack locations in accordance with the following procedures:
(1) The director shall, by personal service or by regular United States mail, notify all publishers that a lottery will be held to allocate the available freestanding newsrack spaces. The notice must:
(A) identify the number and location (by blockface) of the available newsrack spaces;
(B) state the date, time, and location of the lottery;
(C) state the date and time by which the director must receive all requests to have publications entered in the lottery and the address at which the requests must be received; and
(D) state any other information the director determines necessary to conduct the lottery.
(2) The director shall place in a pool the names of all publications for which requests to participate in the lottery were timely received. If the same publication was requested more than once, its name will be placed in the pool twice. The director shall draw from the pool a number of publication names equal to the number of newsrack spaces available on that blockface. The director shall assign numbers to the names, beginning with the Number 1 for the first-drawn name and continuing in a sequential manner. The publications whose names are drawn will be allocated a newsrack space on the blockface as long as compliance with this division is maintained. The publishers of the publications allocated a newsrack space through the lottery process will select locations on the blockface in the order in which their publication names were drawn, with Number 1 having first choice. The director shall draw the remaining publication names from the pool and assign them a number, beginning with the number following the one assigned to the last publication allocated a newsrack space on the blockface. These remaining publications will be allocated a newsrack space on the blockface (in the order drawn) only if any of the other publications originally allocated a newsrack space on the blockface do not want the space or do not qualify for the space.
(c) Random five-year lottery. Five years after the initial allocation of newsrack spaces on a blockface and every five years thereafter, the director shall reallocate the newsrack spaces in accordance with the lottery procedures established in Subsection (b) of this section. The publisher of any publication that is not allocated a newsrack space on the blockface shall remove the newsrack containing that publication within 10 days after the date the lottery is conducted. (Ord. Nos. 26809; 27201)