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4-138 Newsrack vending machines—Definitions; findings; permit required; locations; type; rental fees; sanctions and appeal; rights.

A.    Definitions. As used in this section the following words shall be defined as follows:

1.    City newsrack structure means the fixture constructed by the City of Phoenix to contain multiple newsrack vending machines.

2.    Fee adjustment means the annual adjustment to the yearly fee to reflect changes in the U.S. Department of Labor Revised Consumer Price Index (CPI) for all urban consumers, for the Phoenix-Mesa Metropolitan Area. The amount of each adjustment will be determined by multiplying the fee by the percent of change in the Consumer Price Index.

3.    Newsrack vending machine means an enclosed publication dispensing box in which a single publication is sold or distributed.

4.    Permittee means the person signing the permit on behalf of a publication.

5.    Publication includes a newspaper, magazine or other printed work, regularly published with not less than four issues per year.

6.    Terminal buildings means the lobbies and concession areas of the buildings open to the public at the airport and those buildings’ perimeters and connecting sidewalks and connected parking facilities.

B.    Findings. The City of Phoenix finds and declares that the uncontrolled placement and maintenance of newsrack vending machines and the proliferation of such devices within a terminal building would unreasonably interfere with the public in its use of said areas, create an aesthetically displeasing environment, constitute a safety hazard and adversely impact airport revenues. The City further finds that the distribution of publications through newsrack vending machines should, however, be accommodated by the imposition of reasonable content and viewpoint neutral time, place and manner regulations as provided in this section.

C.    Permit required. Placement of newsrack vending machines at a terminal building without a permit issued pursuant to this section, or after a permit has expired, is prohibited. Permits must be renewed annually.

1.    Permits shall require approval by the Aviation Director and shall be issued within ten business days upon application made to, and on forms approved by, the Aviation Director after payment of the appropriate fee set forth below in [sub]section (C)(6) unless specifically denied due to not meeting the requirements of this section; a lack of space; or failure to pay the appropriate fee. Any appeal from this decision must be in writing and in accordance with [sub]section I.

2.    Applications to renew a permit shall be filed by November 1 of each year along with the required fees. Permits shall be renewed on January 1 of each year upon approval by the Aviation Director unless specifically denied due to not meeting the requirements of this section; a lack of space for more than one newsrack vending machine for a publication in the City newsrack structure; failure to pay the appropriate fee set forth below in [sub]section (C)(6); or a violation of any previous permit. The Aviation Director shall issue any denial of this application in writing by November 15 of each year. Any appeal from this decision must be in writing and in accordance with [sub]section I.

3.    The application shall identify the permittee, the number and proposed location of the newsrack vending machines requested and contain proof of insurance or self-insurance covering the permittee’s activity in maintaining, operating and servicing the newsrack vending machines requested with insurance coverage limits for comprehensive general liability as set forth in the permit.

4.    The City of Phoenix, its agents, servants and employees shall be named as an additional insured on any certificate of insurance submitted pursuant to this section.

5.    The application shall also contain provisions indemnifying the City of Phoenix for any liability arising out of the permittee’s negligence in maintaining, operating or servicing said newsrack vending machines.

6.    Prior to issuance of a permit by the Aviation Director, the permittee shall pay the City an annual rental fee of fifty dollars per newsrack vending machine. At the beginning of each year, this fee shall be subject to the fee adjustment.

7.    Only one newsrack vending machine may be placed by a publication in each of the City newsrack structures unless space remains for newsrack vending machines that no other publication has requested and received permission to use. In the event a publication has different editions, only one edition may be placed in the City newsrack structure unless no other publication has requested to be placed in the City newsrack structure. The available remaining space shall be allocated as described in [sub]section 8 below.

8.    Upon issuance of a permit, the Aviation Director shall allow permittees to select specific spaces for the placement of their newsracks within the City newsrack structure.

a.    Priority in selecting specific spaces shall be based on the following content and viewpoint neutral criteria:

i.    The publication that commits to place the largest number of newsrack vending machines in City newsrack structures; or

ii.    If two or more publications request the same number of newsrack vending machines, priority between those publications will be granted to the publication that provides proof of higher circulation figures at Phoenix Sky Harbor International Airport. The proof of circulation shall be audited and verified by a third party, such as the Audit Bureau of Circulations.

b.    If there are insufficient spaces available in a particular City newsrack structure to accommodate a publication, the Aviation Director shall ensure that publication is placed in a City newsrack structure within each terminal building.

D.    Locations. Newsrack vending machines are prohibited in any area of the airport except in a City newsrack structure.

E.    Temporary removal. The City reserves the right to request the temporary removal of any newsrack vending machine for security reasons, for the proper maintenance of the terminal building or during construction projects to remodel the terminal building. Unless the temporary removal is immediately needed for security reasons, the City of Phoenix shall notify the newsrack vendor in writing of its request and the anticipated duration of the temporary removal. Upon receipt of written notice, the newsrack vending machine must be removed within forty-eight hours. The City reserves the right to remove the newsrack vending machine for security reasons or if it is not removed after forty-eight hours.

F.    Inspections. Upon request, a permittee shall participate in inspections of the newsrack vending machines.

G.    Type. In order to maintain an aesthetically pleasing terminal building environment, the City of Phoenix finds it necessary to establish uniform design standards for newsrack vending machines, as follows:

1.    All newsrack vending machines shall be of a rectangular shape. The dimensions shall be seventeen and one-half inches in height, seventeen and three-sixteenths inches front to back and twenty-four and one-eighth inches in width.

2.    The paintable surface area of each exposed surface of the newsrack vending machine shall be of a single, neutral color chosen by the Aviation Director to blend into the existing decor.

3.    The front portion of the newsrack vending machine may contain the publication’s logo and/or name in no more than three additional colors to be chosen by the vendor.

4.    All newsrack vending machines shall have a lock assembly that may be opened by Airport Security Personnel in the event of an emergency. The following lock assemblies are required:

a.    SR-716-TK Door-Lock Assembly Kit with CO2R Changeover Lock, for TK-100 Newsrack Vending Machines;

b.    SR-155-K Door-Lock Assembly Kit with CO2R Changeover Lock, for K-100 Newsrack Vending Machines.

5.    The newsrack vending machine, including any coin mechanism, must be provided, maintained in good repair, be kept clean, clear of spilled liquids, dirt and other debris, and regularly stocked all at the expense and responsibility of the permittee. The City shall maintain the City newsrack structure in good repair, and keep it clean, and clear of spilled liquids, dirt and other debris.

H.    Sanctions.

1.    Any permittee placing a newsrack vending machine at the airport in violation of the provisions of this section shall be notified of the specific violation and shall cure within the time period specified in the notice of violation or appeal the violation as alleged in writing within seven business days in accordance with [sub]section I below.

2.    A newsrack vending machine shall be summarily removed, without notice, if:

a.    It constitutes an imminent pedestrian traffic hazard;

b.    It was placed at an airport without a permit;

c.    It was not removed within three days of the expiration of a permit;

d.    It was not removed within forty-eight hours of the City’s request or;

e.    At the direction of either the Federal or State Department of Homeland Security because it poses an imminent threat to airport security.

3.    The permittee of a newsrack vending machine that has been summarily removed, shall be notified of the removal of the newsrack vending machine within one business day through a notice of violation. A notice of violation shall be considered served when mailed by regular or certified mail to the permittee.

4.    If the permittee does not cure or appeal the violation in accordance with [sub]section I, the newsrack vending machine may be impounded by the City. The permittee or owner (in the event a permit was not obtained), if known, shall be notified of the impoundment and may reclaim the newsrack vending machine. An impoundment fee of twenty dollars shall be assessed together with accruing charges of one dollar per day on and after the fifth day of impoundment. The impoundment fee does not have to be paid before the permittee or owner may claim the newsrack vending machine. Any property not recovered within twenty calendar days will be deemed abandoned.

I.    Appeal rights. To appeal a notice of violation, the summary removal of a newsrack vending machine, the denial of a permit, or the denial of an application to renew a permit, a permittee must file a written appeal with the Aviation Director within seven business days. If the permittee files an appeal, an administrative hearing shall be conducted by the Aviation Director, or a designee, upon seven business days’ notice. Except in the case of a newsrack vending machine summarily removed, a newsrack vending machine that is properly permitted shall not be removed until the aggrieved party has had ten business days to make a judicial appeal from the service of the administrative hearing decision. The provisions of this subsection are in addition to any other restrictions or procedures as may be provided by law.

(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4780, § 1, adopted 2-15-2006, eff. 3-17-2006; Ord. No. G-5542, § 1, adopted 9-15-2010, eff. 10-15-2010)

Cross referenceDefinitions and rules of construction generally, § 1-2.

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