It is intended that the provisions that follow operate so as to regulate the permanent attachment of newspaper vending machines on the public right-of-way to the end that the health, safety and welfare of this community may be maintained.
Sec. 25-57.1(1). License authorized. A license to permit the attachment of newspaper vending machines to the public right-of-way be issued upon compliance with terms and conditions set forth in this article and upon such specific terms and conditions as are required in writing by the city engineer.
Sec. 25-57.1(2). Application for license; approval denial. For each machine the applicant shall submit a written application upon a form to be supplied by the director of finance. Insurance verification forms, bonds, plans, procedures and fees as required in minor sections 25-57.1(3) and 25-57.1(5) shall be submitted with the application. The director of finance will approve or deny an application. The director of finance will approve or deny an application within thirty (30) days of submission. If denied, the applicant may request a review of such denial by the city manager. Upon approval of the application, the director of finance shall issue a license which will be valid until either the machine is moved from the location by the licensee or until the city revokes the license.
Sec. 25-57.1(3). License fees. A nonrefundable application fee of twenty-five dollars ($25.00) per machine shall be paid at the time of application.
Sec. 25-57.1(4). Revocation of license. If, at any time, any portion of the right-of- way occupied and used by the licensee may be needed or required by the city, or if the licensee fails to abide by the terms and conditions set forth herein, any license granted by the city may be revoked by the city. The licensee shall promptly remove all property belonging to licensee from right-of-way area upon receipt of written notice of revocation. If removal is not accomplished within a reasonable time, the city will move and store such property and the expense shall be charged to the licensee.
Sec. 25-57.1(5). Terms and conditions. No license shall be issued except under the following terms and conditions:
(a) The applicant has filed the required forms with the director of finance.
(b) No vending machine may be located within fifteen (15) feet of a fire hydrant, fire alarm box, fire department connections to fire protection systems, nor shall any vending machine block fire department accessibility into a building or an emergency exit of a building.
(c) The city engineer shall prescribe minimum standards for size, type, maximum and minimum heights, method of installation and other related particulars of such newspaper vending machines. Installation procedures, plans, dimensions and locations shall be submitted in such detail as the city engineer may require in writing.
(d) The applicant must maintain at all times public liability insurance in amounts not less than:
Public liability and bodily injury--Each person one hundred thousand dollars ($100,000.00); each accident three hundred thousand dollars ($300,000.00); and
Property damage; aggregate--Fifty thousand dollars ($50,000.00);
to indemnify the city against all claims for damages which may result from the installation of newspaper vending machines. Satisfactory evidence of insurance shall be filed with the director of finance.
(e) The city must be notified of the removal of any licensed machine. The licensee is liable for any damage to the right-of-way or surface caused by the removal of licensed vending machine. At the time of application, a bond in the amount of five hundred dollars ($500.00) per machine shall be filed with the director of finance to cover potential damage expenses.
(Ord. No. 4684, § 1, 7-5-77)