§ 12.08.056. Priority for permits.

A.

Number of permitted locations for newsracks on a block. There is a rebuttable presumption created by this section that eighteen (18) is the maximum number of newsracks which can be accommodated in a block under the standards of Section 12.08.060; however, the director may establish a number greater or less than eighteen (18) in any specific block by conducting an engineering study under the standards set forth in this chapter. Such a study shall be conducted in every high density newsrack area which the director can reasonably identify as a part of the accelerated implementation program and shall be completed no later than sixty (60) days after the effective date of the ordinance codified in this chapter.

B.

Where permit applications are fewer than the number of potential locations in a block. If a permit application for a specific geographic location on a block is received and said geographic location complies with the standards set forth in Section 12.08.060 and, all other requirements of this chapter are met, said application shall be approved on a first come, first served basis, except that all applications accepted during the accelerated implementation program, described in Section 12.08.055(A) of this chapter, shall be deemed pending as of the same date and time. If there is another permitted newsrack at that location, then said permit application shall be approved for a location on that block which complies with the requirements of this chapter which is in closest proximity to the requested location and for which a permit has not been previously granted. If there is more than one application for a specific geographic location pending, then the priority for granting the applications shall be as set forth in paragraph D of this section. The priorities for granting applications shall not displace any previously permitted newsracks.

C.

Permit applications in high density newsrack areas. If permit applications in excess of the number of potential locations which are then available on a block are pending, then the priority for granting applications shall be as set forth in paragraph D of this section.

D.

Priority for granting newsrack permits. No applicant may be granted priority for a newsrack location for a publication on a block for which that specific publication has already been granted a permit or is part of a shared permit. Priority shall be given to daily publications, and among daily publications, priority will be granted according to highest local circulation. Among other publications, priority shall next be given based on frequency of publication, with the higher priority given to publications for which new editions or issues were published most frequently in the full calendar month preceding the date of application. Within groups of applicants with the same frequency of publication and within groups of applicants not entitled to priority, permits shall be granted to the maximum allowable in a block by the drawing of lots in a process established by the director. The priority for granting a shared permit shall be based upon the frequency of publication of the primary applicant for the shared permit.

E.

It shall be a condition of any permit granted according to a priority set forth in this section to maintain editions in the newsrack according to the frequency for which the priority was given.

(Ord. 6869 § 2 (part), 2001)