(a) Any person desiring to use a publication dispensing rack space that is unallocated, or that has become available through abandonment or surrender, to dispense a publication may apply for the reallocation of such publication dispensing rack spaces under § 13-11.6(c)(2).
(b) The director shall adopt rules pursuant to § 13-11.15:
(1) To determine when a publication dispensing rack space has been abandoned or surrendered; and
(2) To establish procedures relating to the abandonment or surrender of publication dispensing rack spaces.
(c) When the director makes an initial determination that a publication dispensing rack space has been abandoned or surrendered, the affected permittee shall be notified of the director’s initial determination and given an opportunity to contest the initial determination. The director shall adopt rules pursuant to § 13-11.15 relating to notification of the director’s determination, the permittee’s opportunity to contest the initial determination, and the procedure and notification requirements for the making of a final determination. Upon the final determination, any permit purporting to be a permit for the space or spaces finally determined to be surrendered or abandoned shall be void as to the space or spaces so determined and the holder of the voided permit shall no longer be deemed a permittee as to the space or spaces so determined.
(d) A permittee may surrender a publication dispensing rack space before expiration of the permit for the space when the permittee no longer wishes to dispense the publication through the space.
(e) The director shall maintain a record of unallocated, abandoned, and surrendered spaces. Unallocated, abandoned, or surrendered spaces shall be reallocated pursuant to § 13-11.6(c)(2).
(f) No person, including the person to whom a publication dispensing rack space has been allocated or reallocated, may place an insert or any publication in the space if the space has been finally determined to have been abandoned or surrendered until such time as the space has been reallocated pursuant to § 13-11.6(c)(2), after which the permittee under the reallocation may insert its insert and publication in the space.
(1990 Code, Ch. 29, Art. 11, § 29-11.8) (Added by Ord. 02-10)