Chapter 12.24
COMMERCIAL USE OF PUBLIC RIGHT-OF-WAY IN DOWNTOWN AREA
Sections:
12.24.040 Permit requirements.
12.24.050 Review of permit application.
12.24.080 Special rules for mobile vending carts.
12.24.090 Rules for outdoor dining leases.
12.24.100 Special rules on special use and recurring activity permits.
12.24.110 Suspension or revocation of permit.
12.24.120 Location of news box banks.
12.24.130 Installation of news box banks.
12.24.150 Obligations of users.
12.24.160 Joint use news box use agreement – Term, expiration and revocation.
12.24.170 Joint use news box priority and waiting list.
12.24.180 Inapplicability of other code sections.
Cross reference(s) – Sale, display of merchandise on public right-of-way regulated, GJMC 12.16.020.
12.24.010 Purpose.
The purposes of this chapter shall be to:
(a) Control the type and manner of activities conducted in the Downtown Shopping Park.
(b) Enhance the environment in the Downtown Shopping Park and to provide the maximum possible usage, subject to appropriate restrictions of the Downtown Shopping Park.
(Ord. 3422, 5-1-02. Code 1994 § 32-61; Code 1965 § 26-50)
12.24.020 Definitions.
As used in this chapter, the following terms have the following meanings unless the context requires otherwise:
Area wide permit is a permit which allows the permitted use within the entire Downtown Shopping Park, rather than at a specific location.
ASCAP is a national organization of artists and musicians that gives permission to use the music or art, in exchange for monetary consideration. For this chapter, use of the term “ASCAP” includes similar organizations and efforts to control the unauthorized use of copyright and similar rights.
City is the City of Grand Junction, acting through the City Council or the City Manager.
Conducting business means the act of offering to sell or selling goods, merchandise, food or services of any type whatsoever.
DDA is the Downtown Development Authority of Grand Junction, Colorado, acting through its Board of Directors. The Board may delegate to its employee, the Executive Director. The State statute authorizing development authorities refers to the Executive Director as the Director.
DDA plan of development means the plan adopted by the Grand Junction City Council for the development and preservation of the properties within the DDA, as amended from time to time.
Director means the Executive Director of the Grand Junction Downtown Development Authority (DDA) or his designee.
Downtown commercial area means the area within the DDA boundary bounded on the north by Grand Avenue, including locations on the north side of Grand Avenue, on the south by Pitkin Avenue, on the west by First Street and on the East by Eighth Street.
Downtown Shopping Park or Downtown Park means that portion of the City right-of-way of:
(1) Main Street bounded on the west by the east intersection line of Second Street; on the east to and including Eighth Street;
(2) Colorado Avenue bounded on the west by the east intersection line of Second Street; on the east to and including Seventh Street; and
(3) Seventh Street bounded on the north by the south intersection line of White Avenue and bounded south through and including Colorado Avenue.
Kiosks are small, relatively light structures that are stationary, may be permanent or seasonal in nature, and are constructed in accordance with guidelines for design as determined by the DDA.
Location means that particular portion of the Downtown Park for which a general, specific or special use permit has been issued and which is stated upon the permit.
Mobile vending cart is a structure with at least two operational wheels that is easily moved and is used for vending.
News box bank or bank means a structure, the location of which is determined by the Director, consisting of multiple single user news boxes and joint use news boxes installed on a news box bank pedestal. The approved color for news box banks is Chicago Blue, and the approved model is the Boulevard model as shown on the last page of Appendix A1. The approved color and model of news box banks may be changed by the Director at his discretion in the event that Chicago Blue or the Boulevard model is/are unavailable or is/are deemed inappropriate for use.
News box bank pedestal or pedestal means the leg(s) and/or base upon which single user news boxes and joint use news boxes may be installed, which is owned by the DDA and affixed to the ground.
Parade permit means a permit that allows the use of Main Street between First Street and Seventh Street for a procession or march for ceremony or display.
Pedestrian vendor is an individual operating without the use of a mobile vending cart or kiosk and with a minimum of equipment (e.g., balloons, portrait artist, shoeshine).
Permit or lease means the City or DDA issued document that allows the use of right-of-way of the Downtown Park for the permittee’s tables, chairs, clothing rack, bicycle rack, or other items of a moveable nature which are not included in any other permit category.
Publication means a periodical which:
(1) Is published in different issues with sufficiently different content or format so that each issue can be readily distinguished from previous or subsequent issues; and
(2) Is formed of printed sheets. The sheets may be die cut or deckle-edged, and may be made of paper, cellophane, foil or other similar materials.
The requirements in this part of the definition are drawn from the United States Postal Service manual part of regulations which distinguish publications which are eligible for special mailing rates from those which are not. A deckle edge is a rough, untrimmed edge.
(3) Daily publication means a publication which is published at least 100 times per calendar year.
(4) Monthly publication means a publication which is published between 12 and 49 times per calendar year.
(5) Weekly publication means a publication which is published between 50 and 99 times per calendar year.
Publication distribution machine means a machine used to distribute publications which is placed or maintained on the public right-of-way within the downtown commercial area as described above by a person other than the Director. Where prohibited, the term refers to the machine without regard for whether the publication contained in the machine is a “publication” within the meaning of this section or even whether there is any printed or other material within the machine, or the cost, if any, of any printed or other material within the machine.
Publisher means the person who pays to have a publication printed or otherwise causes a publication to be printed or otherwise reproduced.
Recurring activity permit means a permit that allows a unique and/or charitable use of the Downtown Park on a recurring basis throughout the year. A recurring activity permit may be granted to the sponsor or agency coordinating the event rather than specific, participating individuals.
Right-of-way means a public street from property line to property line and includes public alleys, paths and/or breezeways. It also includes an easement or other right which the City has acquired from the property owner for the purpose of locating news box banks.
Sidewalk cafe means the extension of the food and beverage service area of a restaurant or a cafe, located in the Downtown Park.
Sidewalk restaurant means the extension of the food and alcohol beverage service of a restaurant in the Downtown Park.
Space means the area of a news box bank in which a single user news box is placed.
Special use permit means a permit issued by the DDA or City for three or fewer days for unique or charitable uses of the Downtown Park for which no other permit is appropriate. A special use permit may be granted to the sponsor of an activity rather than the specific individuals conducting business within the Downtown Park.
Tent sale/sidewalk sale permit means a permit that allows existing Main Street merchants to sell merchandise or service from an area in the public right-of-way.
Use agreement means the written agreement between the DDA or its designee and a publisher for the use of a slot, if available, in a joint use news box.
Every news box placed in a news box bank shall be either a joint use news box or single user news box. The approved color for news boxes is Chicago Blue as shown on the last page of Appendix A2. The approved color for news boxes may be changed by the Director at his discretion in the event that Chicago Blue becomes unavailable or is deemed inappropriate for use.
(1) Joint use news box means a box which is owned by the DDA or its designee and installed in a news box bank, and is comprised of a box divided into multiple slots, which slots will allow the placement of multiple issues of a single publication in each slot and will protect the publications from the elements. The publications may be obtained by opening a door without payment by the customer for the publication. Slots in joint use news boxes must be used by monthly publications and may be used by weekly publications which have not installed a single user news box for the location where the publisher wishes to distribute its publication. It is anticipated that the slots in joint use news boxes will not allow for the face-up or face-out display of publications. The Director shall provide information in the window of each joint use news box which informs interested parties of the publications distributed in the slots of each joint use news box. Users of joint use news boxes shall be charged fees as hereinafter described.
(2) Single user news box means one unit in a news box bank, which unit is owned by a publisher and installed in a space in a news box bank with the permission of the Director. The model of a single user news box shall be as determined by the Director. A single user news box is designed to hold a publication and protect it from the elements, which publication may be obtained by opening a door, whether after depositing money in a device which unlocks the door or without payment by the customer, if any, for the publication.
(Ord. 4470 § 1, 6-13-11; Ord. 4120 § 1, 10-3-07; Ord. 3720, 2-16-05; Ord. 3650 § 1, 7-7-04; Ord. 3609, 3-3-04; Ord. 3422, 5-1-02. Code 1994 § 32-62; Code 1965 § 26-51)
Cross reference(s) – Definitions generally, GJMC 1.04.020.
12.24.030 Permit fees.
(a) Fees for Permits. The DDA may charge for the permits, leases and approval authorized by this chapter as follows. The City Council may amend such fees and charges by resolution.
(1) Outdoor dining lease: $1.00/SF annually.
(2) Mobile vending cart or kiosk: $100.00.
(3) Recurring activity permit: $200.00.
(4) Special event permit: $100.00.
(5) Pedestrian vendor: $25.00/month or $100.00 annually.
(6) Tent sale/sidewalk sale: $25.00.
(b) All fees collected by the DDA or its employees or agents pursuant to this chapter shall be deposited with the City on account of the DDA.
(c) If the DDA desires to waive the fee or all or a portion of one or more permit terms for charitable and eleemosynary activities, it shall only do so pursuant to adopted written rules and policies, consistent with the provisions of this chapter and other City rules and requirements. Any such waiver shall only be valid if decided by the DDA Board in a meeting that complies with the Colorado Open Meetings Act. Such DDA regulations shall provide that each such waiver shall be requested in writing and shall be accompanied by proof that the proceeds from the permitted commercial activity will be used for a charitable or equivalent entity that has tax exempt status under the Internal Revenue Code, as amended from time to time.
(d) For the purposes of this section, a permit fee, as otherwise provided, established or required in Chapters 12.16 and 12.20 GJMC shall not be applicable to single user news box. Fees for joint use news boxes shall be set to cover the DDA’s administrative, capital and installation and maintenance costs.
(e) Fees shall be payable in accordance with the terms of this chapter prior to installation and use of joint use news boxes. Fees may be decreased or increased by the DDA Board to cover the DDA’s administrative costs, the capital costs and installation cost for the joint use news boxes and the annual maintenance cost.
(f) The capital and installation costs are determined on the basis of an amortization schedule determined by the Director and may be adjusted, based on replacement cost and to accrue a fund therefor and to reflect actual installation costs.
(g) The maintenance cost will be based on the DDA’s experience with commercial activity permit administration and may be adjusted in future years.
(h) Fees shall be set by a resolution of the DDA Board and will remain in effect until amended. Fees must be submitted, if applicable, with the application for or renewal of a use agreement.
(Ord. 4470 § 2, 6-13-11; Ord. 3720, 2-16-05; Ord. 3650 § 2, 7-7-04; Ord. 3609, 3-3-04; Ord. 3422, 5-1-02. Code 1994 § 32-63; Code 1965 § 26-52)
12.24.040 Permit requirements.
(a) Length of Permits. Permits issued pursuant to this chapter are valid for no longer than the following lengths of time. Renewal permits may be granted as set forth below.
(1) Pedestrian vendor permits: 30 days.
(2) Outdoor dining lease: one year.
(3) Mobile vending carts/kiosks: six months.
(4) Recurring activity permit: one year.
(5) Special event permit: length of permitted activity only.
(6) Tent sale/sidewalk sale permits: three days.
(7) All other permits: one year.
(b) Applications for Permits. All permit applications, including renewals, shall be made to the DDA on a DDA form on which the applicant provides at least the following:
(1) Name, address and phone number(s) of applicant.
(2) Name, addresses and emergency telephone number of at least two persons who will be available during the activity or event, so that the DDA or the City may quickly contact a person with authority.
(3) Names, addresses, telephone numbers and e-mail addresses of each sponsor of the applicant.
(4) Type of business/commercial activity to be conducted, including a description of the merchandise to be sold or displayed.
(5) Copy of current City sales tax license if required by the City’s sales tax code.
(6) The applicant’s signed statement that the applicant has the authority to and does bind the permittee to hold harmless and indemnify: the City of Grand Junction and the DDA (and the officers, officials and employees of each); with respect to and relating to any claim(s) or charge for damage to persons and/or property or injury to persons which were, or were alleged, to be occasioned by the permit (including permittee action or inaction).
(7) (i) Permittee shall furnish and maintain such public liability, food products’ liability, products’ liability and other insurance as will protect permittee, the City and the DDA (and the officers, officials and employees of the City and the DDA), from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith.
(ii) Such insurance shall provide coverage that is consistent with the City’s practices and/or the provisions of the Governmental Immunity Act, whichever the DDA determines from time to time to apply or require. Until the DDA Board adopts different limits, permittee insurance shall provide coverage of not less than $150,000 for bodily injury on each person, $600,000 for each occurrence and not less than $600,000 for property damage per occurrence; be without prejudice to coverage otherwise existing and shall name as additional insureds the City, the DDA (and the officers, officials and employees of each); provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days’ written notice to the DDA.
(8) Description of the building, structure, kiosk, mobile vending cart or other improvement(s) to be used in connection with conducting commercial activity including blueprints, drawings, sketches and such other information or details as the DDA shall require.
(9) The location for which the permit is requested.
(10) A description of how the business will be conducted, including hours of operations.
(11) A description of how the use or activity may enhance the Downtown Park and how the use or activity conforms with the DDA plan of development including how/to whom the net proceeds gained from the use or activity will be distributed.
(12) A list of all necessary or applicable permits that the applicant must obtain and the current status of each, before the use or activity is lawfully begun.
(13) The DDA Director may require the applicant to prepare and submit such drawings and diagrams of facilities as may be necessary to determine if the permit should be issued and/or to enforce the permit if it is issued.
(14) Description of the hours and specific locations of proposed street or sidewalk closures or traffic controls with the boundaries of the DDA. Note: The City Engineer must issue right-of-way closures for all City right-of-way including those within the Downtown Park. The DDA Director shall consult with the City Engineer regarding pedestrian/sidewalk restrictions including but not limited to those that may occur with the issuance of a sidewalk cafe/restaurant permit.
(15) Description of the activities related to any street closure(s) or other activities required to be done by the applicant or others.
(16) How the applicant will provide any required security.
(17) A listing of each sponsor for the use and/or activity.
(18) If any music, vocalization or mechanical musical presentation is to be broadcast or presented, the application shall so state. The applicant shall particularly describe the time, place, manner, means and mode of such presentation. Each applicant agrees to comply with ASCAP requirements, including the payment of fees. Each applicant and permittee, by accepting the benefits and terms of any DDA permit or consent, agrees to hold harmless and indemnify the DDA and the City (and the officials, officers and employees of each) with respect to claims or activities for which money is owed to ASCAP or consent must be obtained.
(c) Renewal. A Downtown Park permit may be renewed, if all other requirements of this chapter have been met and if:
(1) No violations of the permit restrictions or a City ordinance or requirement have occurred during the prior permit period or one calendar, whichever is longer;
(2) The permit holder did not cease to conduct business under the prior permit during the time the permit was in force;
(3) The applicant affirms in writing that all the information on the original application is correct and true, except as modified in writing at the time of the application for the renewal; and
(4) All fees are paid.
(Ord. 4470 § 3, 6-13-11; Ord. 3609, 3-3-04; Ord. 3422, 5-1-02. Code 1994 § 32-64; Code 1965 § 26-53)
12.24.050 Review of permit application.
(a) The DDA shall promptly review each application and shall determine, in its sole discretion, if:
(1) The application is complete.
(2) All other permits, licensees or permissions have been or will be obtained prior to the beginning date of the permit.
(3) Required insurance has been obtained.
(4) It is in accordance with the goals and objectives in the plan of development.
(5) The proposed use or activity would enhance the Downtown Park according to such plan of development.
(6) More than one application is received for the same use in the same location, the complete and sufficient application which was first received by the DDA shall be issued.
(b) If the DDA finds that the application is not complete or in order, it shall deny the application and give the reasons in writing to the applicant.
(c) If the DDA finds that the application is proper and complete, and is in accordance with the DDA and City rules and requirements, the DDA shall forward its approval, with or without conditions, to the City Clerk who shall issue the permit.
(d) The City Clerk may delegate the duty to issue the permits pursuant to an intergovernmental agreement or pursuant to an administrative regulation.
(e) Questions or problems with the administration of the permit shall be referred to the DDA Executive Director. The DDA Executive Director shall have authority to interpret and apply the permit requirements to effectuate the purpose of this chapter.
(f) An applicant may appeal a decision of the Executive Director regarding a permit, the denial of a permit, a condition of a permit, or a decision of the Executive Director regarding a permit, to the DDA Board by submitting a letter to the Executive Director of the DDA or any DDA Board member within 10 calendar days of the mailing of a decision letter to the applicant/permittee. The DDA Board shall decide the appeal within 30 days of receipt of the appeal.
(Ord. 4357, 6-1-09; Ord. 3422, 5-1-02. Code 1994 § 32-65; Code 1965 § 26-54)
12.24.060 Types of permits.
The types of permits which may be issued are for:
(a) Pedestrian vendors.
(b) Outdoor dining lease.
(c) Mobile vending carts/kiosks.
(d) Recurring activity permits.
(e) Special event permits.
(f) Tent sale/sidewalk sale permits.
(Ord. 4470 § 4, 6-13-11; Ord. 3609, 3-3-04; Ord. 3422, 5-1-02. Code 1994 § 32-66; Code 1965 § 26-55)
12.24.070 General provisions.
(a) The permittee may conduct business on the public right-of-way within the Downtown Park but only subject to and in compliance with the following:
(1) Each permittee pursuant to this chapter shall pick up and properly dispose of any paper, cardboard, wood or plastic containers, wrappers and other litter which is deposited or is located on the sidewalk within 25 feet of the permittee’s use, activity or location.
(2) Each permittee shall provide readily accessible container(s) and facilities for the collection of litter, debris and trash and shall properly dispose of all litter, debris and trash collected.
(3) No permittee shall sell or give any food, object or other item to any person who is located in the right-of-way, including parking areas, unless such right-of-way has been closed by the City Engineer.
(4) The permittee shall not offer to sell or sell except within the location designated by the permit.
(5) A permittee, except a sidewalk/restaurant or kiosk, shall not leave his equipment or merchandise unattended.
(6) A sidewalk cafe/restaurant or kiosk and only when the cafe/restaurant or kiosk is secured.
(7) The permittee shall conduct any business, use or activity during the hours established by the permit.
(8) A permittee shall not offer to sell or sell merchandise that is not described in the most recent permit application on file with the DDA.
(9) No permittee may hold more than one permit at any one time, unless approved by the DDA Board.
(10) The permittee shall only locate tables, chairs, benches, and/or other personal property in the portion of the adjacent street right-of-way to the permittee’s restaurant or cafe that is within the permitted area.
The DDA Director in consultation with the City Engineer shall ensure that permittees using the sidewalk maintain an adequate unobstructed and unoccupied area of the sidewalk for the two-way movement of pedestrian traffic. An adequate unobstructed area shall be deemed to be no less than eight feet (96 inches) wide.
(b) An amended permit may be issued in an expedited manner without additional fees if the permittee has remained (while all prior permits were in effect) in compliance with all applicable requirements and laws.
(c) Each permittee shall forthwith obey every lawful order of the DDA and any City official, including police officers, such as an order to move to a different location (if needed, for example, to avoid congestion or obstruction of a sidewalk) or an order to forthwith remove all personal property from the Downtown Park (in case of congestion or public safety or similar concerns).
(d) No permittee shall make unlawful noise or any continuous noise of any kind by vocalization or otherwise for the purpose of advertising or attracting attention to his use, business or merchandise.
(e) During a community event, as determined by the City or the DDA, each permittee shall be subject to overriding rules, requirements and even prohibitions, during the community event. For example, a permittee for a mobile vending cart, a kiosk or a pedestrian vendor may be limited in hours, location and/or type of goods or foods.
(Ord. 4470 § 5, 6-13-11; Ord. 4357, 6-1-09; Ord. 3609, 3-3-04; Ord. 3422, 5-1-02. Code 1994 § 32-67; Code 1965 § 26-56)
12.24.080 Special rules for mobile vending carts.
The following provisions, in addition to those rules made otherwise applicable elsewhere in this chapter, shall apply to mobile vending carts:
(a) A mobile vending device shall not: be greater than 16 square feet in area; longer than four feet in width, excluding wheels; be greater than six feet in length or depth, including any handle; be greater than five feet in height, excluding a canopy, umbrella or transparent enclosure.
(b) A permittee shall not locate a mobile vending device on a public sidewalk within the boundaries of a crosswalk, nor in a location that will restrict the flow of way designated or used for motor vehicles, unless specifically permitted as part of a use or activity for which the right-of-way is closed to motor vehicles.
(c) A permittee shall not sell from a mobile vending device that is located within three feet of any right-of-way designated or used for motor vehicles, unless specifically permitted as part of a use or activity for which the right-of-way is closed to motor vehicles.
(Ord. 4357, 6-1-09; Ord. 3422, 5-1-02. Code 1994 § 32-68)
12.24.090 Rules for outdoor dining leases.
The following provisions shall apply to outdoor dining leases:
(a) Such leases shall be renewed annually no later than April 1st each year or in conjunction with the liquor licensing process. Fees are nonrefundable.
(b) During such times as an adjacent owner consents in writing, the permittee may also occupy an additional area in front of such consenting owner’s property subject to the overriding limits regarding pedestrian clear space, proximity to the street and overriding regulations made applicable for community events.
(Ord. 4470 § 6, 6-13-11; Ord. 3609, 3-3-04. Code 1994 § 32-69)
12.24.100 Special rules on special use and recurring activity permits.
(a) Layout for these activities must be approved by the Downtown Development Authority 10 days in advance of the first day of the event. Layouts for such events are encouraged to be in conformance with the following:
(b) Generators are not allowed on Main Street.
(Ord. 4470 § 7, 6-13-11; Ord. 3609, 3-3-04. Code 1994 § 32-70)
12.24.110 Suspension or revocation of permit.
(a) The DDA or the City may summarily suspend any permit if the permittee’s use or activity is the source of unreasonable or excessive noise, is in violation of any permit term, or does not comply with City and/or DDA rules and requirements.
(b) In an emergency needed to protect the public health or safety, the Executive Director of the DDA, the Director of Public Works of the City, or the City’s Police or Fire Chief, may summarily suspend a permit or impose conditions needed immediately to protect the public, the City or the DDA.
(c) If a permit is summarily suspended, the applicant may request that the suspension be lifted by so stating in writing the next business day. The DDA Board shall hear the question at its next available regular meeting.
(d) The DDA may revoke any permit issued under this chapter if the DDA Board finds by a preponderance that the permittee, or its agents or employee:
(1) Has violated any of the provisions of this chapter or the permit, or has supplied inaccurate or false information to the DDA;
(2) Does not have in full effect at all times, each current required health permit and every other required license or permit;
(3) Does not have in place a insurance policy in the minimum amounts as described herein that is effective during all periods of the permit.
(e) The violation of any provision of this chapter by any permittee or other person is declared to be a public nuisance. The DDA Board or the DDA Director may request that the City Attorney prosecute and abate any such nuisance in the municipal or other court.
(Ord. 3609, 3-3-04; Ord. 3422, 5-1-02. Code 1994 § 32-71)
12.24.120 Location of news box banks.
(a) The City Council, in accordance with the authority given to the DDA for the administration of commercial activities in the downtown authorizes the Director of the DDA to survey the area within and on the periphery of the Downtown Commercial Area to determine the locations of existing publication distribution machines, the locations which are suitable for news box banks and the appropriate type of news box banks to be used, including size, model and color. The Director shall use in evaluating each location and type of news box bank, criteria which include but shall not be limited to a determination of the effect on pedestrian and emergency access on, to and from streets and sidewalks, and public transportation, required maintenance of public facility infrastructure, vehicular safety and the effect of the location, mass and bulk of news box banks on the streetscape, aesthetics of each block and specifically the Director shall consider sidewalk width, sidewalk dining, parking (parking meter) access, including access by persons with disabilities, access to bicycle parking, access to fire hydrants, access to bus stops, access to benches and trash receptacles, maintenance access to street trees, planters, utility and signal poles, access generally from the street to the sidewalk and the sidewalk to the street, blocking of views at intersections, alleys and driveways, distance from intersections and driveways and alleys, distance from buildings and the visibility of public art. The Director shall determine the appropriate location for news box banks on each block after taking into consideration the current location and number of publication distribution machines.
(b) Future news box bank type(s) and location(s) may be determined by the Director.
(c) Should any news box bank require temporary or permanent removal because of construction or reconfiguration of streets, sidewalks or other portions of the right-of-way, the Director is directed to provide a replacement(s) location if the removal is reasonably expected to exceed 30 days, located as conveniently to the removed bank as is reasonably practical.
(Ord. 4470 § 8, 6-13-11; Ord. 3720, 2-16-05. Code 1994 § 32-72)
12.24.130 Installation of news box banks.
(a) The DDA may develop a system through the issuance of a request for proposal (“RFP”) for the management, ownership, installation, fees, maintenance and other activities to be performed or accomplished at the Director’s discretion, associated with the administration of this chapter. For the purposes of interpreting, construing and applying this chapter, if a contract is awarded following or pursuant to an RFP, the person or entity to which an RFP is awarded is considered the designee or agent of the Director.
(b) The Director shall install news box bank pedestals as funds are appropriated so that owners of existing publication distribution machines can remove those machines. The Director shall install pedestals on a per location basis and no owner of an existing publication distribution machine within that location shall fail to remove it within 14 calendar days thereafter. Any publication distribution machine within the right-of-way after installation of news bank pedestal(s) is declared to be a public nuisance and may be summarily removed by the Director. The Director shall require full payment by the owner of the reasonable cost of removal and storage of the machine(s), plus 15 percent for administration, before releasing the machine(s).
(c) The Director shall install news box bank pedestals to accommodate publishers in the order and priority set forth in GJMC 12.24.170.
(d) Prior to installing news box bank pedestals the Director shall consult with the City Manager or his designee and shall in addition follow these standards:
(1) The banks on each side of any block of Main Street shall not exceed 10 linear feet.
(2) No bank shall be longer than 10 linear feet. The Director may, in his discretion, install two banks of less than 10 feet within 50 feet of each other which, combined, shall not exceed 10 linear feet.
(3) The front of all news box banks shall face away from the street.
(4) Except where vehicle parking or stopping is prohibited, news box banks shall not be installed within two feet of the vertical face of the curb or of any other designated parking space or loading zone. News box bank pedestals shall not be installed, and shall not overhang, any stamped, brick path embedded within a sidewalk.
(5) No bank shall be closer than five feet to a fire hydrant.
(6) No bank shall be closer than five feet to a bus stop sign and no bank shall be installed in such a way as to interfere with access to buses at designated bus stops.
(7) No bank shall be closer than five feet to a crosswalk.
(8) No bank shall be installed on or over a tree grate.
(9) No bank shall be closer than three feet to any existing structure. Planters or other public walls or facilities are not a structure for purposes of this requirement.
(10) No bank shall intrude into any intersection, alley, and driveway sight triangles.
(Ord. 3720, 2-16-05. Code 1994 § 32-73)
12.24.140 News box use.
(a) On and after May 1, 2005, no person shall mechanically (via a publication distribution machine) distribute any publication or other material on the public right-of-way within the boundaries of the Downtown Commercial Area other than in accordance with this chapter.
(b) Spaces in which single user news boxes are installed on news box bank pedestals are not proprietary and users shall not assert ownership other than as provided or allowed in this chapter; slots in joint use news boxes are not proprietary or exclusive and are available for use by use agreement as provided in this chapter.
(c) Slots in joint use news boxes, if available, must be used by publishers of monthly publications and may be used by publishers of weekly publications who do not own a single user news box for the location where the publisher wishes to distribute its publication. If a slot is not available in a joint use news box for a monthly publication, the applicant shall be placed on a waiting list or may purchase a single user news box and place it in available space. Space(s) and/or slot(s) are determined on a first-come, first-served basis. The Director may impose a waiting list fee in order to assure the bona fides of publisher(s) requesting a space(s) or slot(s).
(d) Publishers who distribute their publication(s) in a joint use news box(es) shall pay an initial user fee of $100.00 per location and a monthly fee of $20.00 per month for each slot used by that publisher in a joint use news box in each location. Monthly fees must be paid for a full year in advance on May 1st of each year.
(e) Publishers who distribute their publication(s) in single user news boxes shall be solely responsible for the entire expense of purchasing, stocking and maintaining their own single user news box for each location; however, they are not required to pay an initial or a monthly fee.
(f) Subject to the provisions of GJMC 12.24.170, a space in a news box bank may be available to any publisher of a daily publication or weekly publication that desires to place that publisher’s single user news box in accordance with the terms of this chapter. Unless otherwise allowed by the Director, only one publication may be placed within a single user news box. In order to be eligible to place a single user news box in a news box bank, the applicant must be the publisher of the publication placed within a single user news box or an agent of the publisher. Where the applicant is an agent, the applicant shall so indicate and the single user news box shall be used only for the distribution of the publication(s) of such publisher and no other.
(g) Publishers shall purchase and will thereafter own their single user news boxes designed to accommodate and distribute the publisher’s publication(s) from the space(s) provided by the DDA. The Director shall specify the type, location and other terms of attachment of the single user news box to the news box bank pedestal. Installation of single user news boxes shall be performed by the publishers, the Director or the Director’s agent, at the Director’s discretion.
(h) A publisher shall not place anything on the exterior of its single user news box other than its individual logo and the City and/or downtown partnership logo(s) or other identifying wording and/or contact information, except that those publishers whose publications occupy “large capacity” single user news boxes (boxes which hold approximately twice as many publications as a standard box) may place rack cards on their large capacity boxes.
(i) If the single user news box allows, the user may place a copy of the publication found in the box inside the face plate so that it is visible, but the user may not place anything other than such publication in that location.
(j) The Director shall not permit the placing of any advertising (other than rack cards on large capacity single user news boxes) on the outside of the news box banks. The Director may use any side of a news box bank other than the front face (where access to the publications is gained), at no cost, for designs or graphics designed to enhance the identity of the City and/or the DDA or for other artwork approved by the Director, or as a location for a directory or map showing where public and/or private services may be found. This exception shall not be construed to permit the Director to place or permit paid advertisements nor to cause the boxes or banks to become any kind of public forum for the purposes of exercising free speech.
(Ord. 3720, 2-16-05. Code 1994 § 32-74)
12.24.150 Obligations of users.
(a) Each publisher shall maintain its own single user news boxes. A publisher may be responsible for the maintenance of multiple publishers’ single user news boxes if mutually agreed to by the affected publishers. Maintenance shall include, without limitation, the maintenance in good working order of all mechanical workings of each publisher’s single user news boxes, including, without limitation, the window and face plate, the coin mechanism, the coin tray and the lock, if any. All publishers shall ensure that their respective boxes or slots are kept free, both inside each box and on the exterior surface of each box, of all trash, refuse, garbage, litter, debris and graffiti.
(b) A publisher may supply and affix its logo to its single user news boxes. The identifying picture or wording shall be no larger than four inches high by 22 inches wide for a single user news box, provided the logo does not extend over the edges of the front of the news box. The identification shall be white text on a black background and shall be attached by self-stick tape on the front of the box.
(c) The Director or his agent may rescind the right to use a space(s) containing single user news box or slot(s) in a joint use news box if the news box is not stocked with the publisher’s publication for a period of 30 days or if the user has failed to maintain the box or slot for 30 days or if any payment due under this chapter is delinquent. The Director shall not rescind use rights without notice to the user and an opportunity for a hearing. One seven-day opportunity to cure shall be extended in any calendar year prior to revocation.
(d) A publisher or authorized user of a single user news box, a joint use news box or a slot therein or a space in a news box bank shall indemnify, defend and hold the DDA and the City and the respective officers and employees thereof harmless for any damage(s), loss or injury, direct or consequential, arising out of the use, misuse, placement, existence, operation maintenance or letting of the same. A publisher may insure its interest therein. The City and the DDA rely on and will assert the provisions of the Colorado Governmental Immunity Act as the same now exist or may be amended. The Colorado Governmental Immunity Act does not protect a publisher and the publisher shall not assert or claim protection under or by virtue of the Act.
(Ord. 3720, 2-16-05. Code 1994 § 32-75)
12.24.160 Joint use news box use agreement – Term, expiration and revocation.
(a) A use agreement for a joint use news box is valid for one year unless prepaid for more than one year in which case the use agreement shall be valid for up to three years. A use agreement expires if not renewed before expiration. Except for emergencies, unanticipated construction, changes in the location of benches and/or transit stops and other situations in which relocation is necessary in the public interest, locations shall not be changed by the Director during any term but with notice on or before renewal a user may be relocated during the following year.
(b) If a user surrenders a use agreement in writing, the Director shall refund the unused prepayment pro rata based on the number of whole calendar years remaining.
(c) No use agreement may be assigned or transferred except incidental to the sale of the publication from one publisher to another and no user shall be deemed to possess any equity in the use agreement, although an existing user has priority in renewing, subject to the provisions of GJMC 12.24.170. It shall be grounds for revocation of a use agreement for any user to attempt profit from any scarcity of slots in joint use news boxes. No refund shall be made if a use agreement is rescinded, revoked or expires.
(d) Subject to the provisions of GJMC 12.24.170, upon failure to renew, revocation or expiration of a use agreement, the Director may remove the joint use news box(es) or close the applicable slot(s), remove the contents thereof and may hold the same as abandoned property and issue a new use agreement(s) to another publisher(s).
(Ord. 3720, 2-16-05. Code 1994 § 32-76)
12.24.170 Joint use news box priority and waiting list.
(a) A use agreement is available on a first-come, first-served basis based on date of receipt of a written request, during normal business hours at the DDA offices. In the event of limited availability, the allocation of slot(s) shall be determined by lot.
(b) If no slot satisfactory to the applicant is available, the applicant may be placed on a waiting list and shall pay a waiting list fee. The waiting list shall be structured so that it is specific to each location. The waiting list fee does not reduce the use agreement fee.
(Ord. 3720, 2-16-05. Code 1994 § 32-77)
12.24.180 Inapplicability of other code sections.
Given the First Amendment implications of this chapter, the zoning and development code and Section 127 of the Charter concerning revocable permits shall not have applicability to the installation and administration of news boxes by the Director pursuant to this chapter, however, the right to occupy a space(s) and/or slot(s) is revocable, subject to the terms of this chapter.
(Ord. 3720, 2-16-05. Code 1994 § 32-78)
Code reviser’s note: Appendix A is attached to Ordinance 3720 and is available in the office of the City Clerk for public examination.
Code reviser’s note: Appendix A is attached to Ordinance 3720 and is available in the office of the City Clerk for public examination.