A. Village owned newspaper dispensing devices shall be located at the "Western Springs train station", as defined in section 8-4-2 of this chapter, at such locations as determined by the village.
B. 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 building and development department upon request. The permittee shall make those agreements and be in compliance with those conditions set forth in the application. Said agreements and conditions will include, but not be limited to, the following:
a. Complete name, address and signature of applicant, address for giving notices as may be required under this chapter, and statement that 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 dispensing 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.
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, each of the current permittees with newspaper dispensing devices in the village will be provided with written notice from the village of the opportunity to apply for one space in each village owned newspaper dispensing device. As part of that notice, if an existing permittee discontinues using an existing newspaper dispensing device in exchange for locating to a space in the village owned newspaper dispensing device, the permittee 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 subsection B4 of this section.
3. For available spaces, permits shall be issued on a first come, first served basis. Each applicant may receive a maximum of two (2) permits for two (2) spaces in each village owned newspaper dispensing device. The director of building and development 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 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 space of the village owned newspaper dispensing device.
4. The permittee shall pay an administrative processing fee of twenty five dollars ($25.00) and maintenance fee of fifteen dollars ($15.00) for each space in the village owned newspaper dispensing device or devices if requesting placement in more than one village owned newspaper dispensing device. The initial administrative processing permit fee and maintenance fee shall be applicable to the initial permit year, or any part thereof. The permittee shall pay an annual renewal administrative processing fee of twenty five dollars ($25.00) and maintenance fee of fifteen dollars ($15.00) per year for each space. Permits shall be for a term of one year and shall not be assignable. Permits shall expire on December 31 of each year. Applications and payment for permits shall be filed with the village building and development department no later than December 15 of each year. Fees paid between December 15 and January 15 shall include a late fee of fifty dollars ($50.00). In the event the renewal fees are not paid by January 15, 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 by payment of the required permit fees, said fees shall include an additional late fee of sixty dollars ($60.00) if paid on or after January 16 of the permit year. Upon payment of all fees the village shall remove any locking devices placed on the coin mechanism.
5. The permittee during the term of the permit shall be responsible for the following:
a. Providing and maintaining an adequate supply of newspapers, flyers, handbills or other printed materials in the space.
b. Providing routine housekeeping and removal of trash and debris from the space.
c. Repair and maintenance of the coin mechanism.
d. Maintaining the price display plaque and replacing, as necessary, with approved replacement.
e. Repair and maintenance of all interior spaces and surfaces.
f. Displaying and maintaining a valid phone number on the space for refunds or complaints.
6. The permittee, upon removal of the materials from the newspaper dispensing device, shall restore the newspaper dispensing device to the same condition as when the device was initially installed, ordinary wear and tear excepted. The permittee shall be responsible for reimbursing the village for the cost of any repairs to the newspaper dispensing device resulting from damage caused by the permittee.
C. The village will be responsible for the exterior maintenance of village owned newspaper dispensing devices including, but not limited to, the following:
1. Faded, cracked or vandalized lenses.
2. Exposed door hardware.
3. Exterior surfaces of doors and boxes and all structural components.
The village specifically excludes maintenance responsibility for price display plaques. (Ord. 05-2341, 3-21-2005, eff. 6-1-2005)