(A) Permits for spaces within Village-owned newspaper dispensing devices shall be a mere license to use the village-owned newspaper dispensing device and not a property interest therein, and shall be issued subject to the following conditions:
(1) Persons or entities wishing to place newspapers, flyers, handbills or other printed materials in the village-owned newspaper dispensing devices must file a completed application for a permit on the forms that shall be provided by the Village Clerk upon request. The permittee shall acknowledge agreement to, and be in compliance with, those conditions set forth in the application. Said application requirements, agreements and conditions will include, but not be limited to, the following:
(a) Complete name, address and signature of applicant, address of a responsible party for giving notices as may be required under this chapter, and a statement that the applicant has capacity and authority to enter into said agreement.
(b) Statement that the permittee understands the concept of freedom of the press as it relates to permittee’s publication, and agrees to waive any and all objections to the use of the village-owned newspaper vending devices on such grounds.
(c) Statement that the permittee understands and agrees that the village shall not be responsible for loss of money or contents from the space, and that the village shall not be responsible for loss of revenue in the event of damages due to fire, flood or other events beyond the village’s control.
(d) The applicant shall provide such other information as may be requested on the application form, as amended from time to time.
(2) As part of the installation of the village-owned newspaper dispensing devices, any applicant that currently operates one or more privately-owned newspaper dispensing devices at the commuter train stations will be provided with written notice from the village of the opportunity to apply for one space at each station in a village-owned newspaper dispensing device. As part of that notice, an applicant who exchanges use of an existing privately-owned newspaper dispensing device for a space in the village-owned newspaper dispensing device will not be charged an additional permit fee for the balance of that permit year. Each permit year thereafter, the permittees who received an initial permit for a space within a village-owned newspaper dispensing device may renew their permits in accordance with division (F) below.
(B) Within five business days of receipt of a completed application for use of a village-owned newspaper dispensing device at a commuter train station, and payment of the applicable fee, the Village Clerk shall issue a permit, provided that the applicant meets conditions contained in this chapter. In the event that the terms and conditions of this chapter, where applicable, are not met, the Village Clerk shall, within five business days of receipt of an application for a permit, deny the application, state the reasons in writing for such denial and notify the applicant, in writing, by certified mail, return receipt requested, of the reasons for the denial. Any such denial may be appealed pursuant to the procedure set forth in § 129H.08.
(C) For available spaces, permits shall be issued on a first come, first served basis. Each applicant may receive a maximum of two permits for use of village-owned newspaper dispensing devices at each Tinley Park commuter train station. The Director of the Department of Public Works shall be responsible for assigning available space to successful applicants. In the event that the village has issued permits equal to the number of available spaces in the village-owned newspaper dispensing devices, additional applicants will be placed on a waiting list. As spaces become available, additional permits shall be issued according to the provisions of this chapter. Only one type of publication shall be allowed to be displayed in each individual village-owned newspaper dispensing device.
(D) The applicant shall pay a combined permit fee of [TBD] for each space in the village-owned newspaper dispensing device to cover administrative processing and maintenance costs. The initial permit fee shall be applicable to the initial permit year, or any part thereof. All fees shall be payable to the Village of Tinley Park and collected by the Village Clerk.
(E) Permits shall be for a term of one year and shall not be assignable. Permits shall expire on December 31 of each year.
(F) Applications and payment for permits shall be filed with the Village Clerk no later than December 15 of each year. Renewal fees paid after December 31 of the year shall include a late fee of $50. In the event the renewal fees are not paid before January 31, the space shall be forfeited and the coin mechanism locked by the village. If the permittee desires to retain a space in the village-owned newspaper dispensing device following locking of the coin mechanism, the permittee must pay all fees including the late fee plus an additional lock-removal fee of $50 if paid on or after January 31 of the permit year. Upon receipt of all outstanding fees, the village shall remove any locking devices placed on the coin mechanism. However, if the permit fees and applicable late fee is not paid by January 31, and there are applicants on the waiting list, the space shall be given to the next applicant on the waiting list.
(Ord. 2013-O-012, passed 4-23-13)