Editor's Note: This text was originally included in the R.O. 1966 as Chapter 16 of Title 22 and as amended by the R.O. 1966 C.S. Ord. 6 S+FA, 3-4-1992 repealed Chapter 16 and established new regulations.
[Ord. 6 S+FA, 3-4-1992 § 22:16-1; Ord. 6 PSF-A, 7-1-2009 § 1]
As used in this chapter:
APPROVED LOCATION
Shall mean a particular location on a sidewalk designated by the City where a newsstand may be placed in accordance with the requirements of this chapter.
APPROVED NEWSSTAND
Shall mean a newsstand that does not exceed five feet in width and six feet in length, and has been constructed with the approval of the Construction Official in accordance with the Uniform Construction Code.
NEWSSTAND
Shall mean a structure from which newspapers, books and periodicals may be sold, located at an approved location on a sidewalk in the City.
[Ord. 6 S+FA, 3-4-1992 § 22:16-2; Ord. 6 S+FD, 10-20-1993; Ord. 6 PSF-A, 7-1-2009 § 1]
Each and every newsstand for which a license under this chapter has been issued shall be further regulated as follows:
a. 
No newsstand shall be placed or maintained so that it projects onto, or rests upon any portion of the roadway of a public street.
b. 
No newsstand shall be placed or allowed to be maintained in such a manner as to (i) endanger the safety of persons or property; (ii) be situated in a place used for utility services, public transportation, or other public or governmental purposes; (iii) interfere with or impede the flow of pedestrian or vehicular traffic; (iv) interfere with the ingress or egress from any structure or building, whether residential, business or governmental; or (v) interfere with the use of public fixtures, including, but not limited to, utility poles, mail boxes, fire alarms, traffic signals or control signs, hydrants or parking meters.
c. 
No person shall place, construct or continue to operate any newsstand in whole or part upon any public sidewalk in the City of Newark without first obtaining a license thereof from the Manager of the Division of Tax Abatement and Special Taxes. The City Council shall be notified of every application for a license by the Manager of the Division of Tax Abatement and Special Taxes.
d. 
License Fee and Term. For each sidewalk newsstand there shall be collected an annual fee of $120. All licenses issued, and renewals thereof, under this chapter shall be for a period of one year from the date of issuance. All renewal license applications will be subject to the same requirements as indicated in this chapter for initial applications.
e. 
No license for a newsstand shall be granted or continued except for a stand of approved type, size and appearance, which shall be unmarked by advertising except as to newspapers, periodicals and books.
f. 
No license for a newsstand shall be granted or continued except for a newsstand that is located in an area that would not be in violation of the regulations of this chapter.
g. 
The display and storage of all newspapers, periodicals and books must be confined to the newsstand or to the space physically occupied by such stand.
h. 
No rubbish, waste paper or anything whatsoever shall be permitted to escape outside the confines of the newsstand nor shall any accumulation of such materials be permitted beneath the stand. The operator, manager and owner of every newsstand shall maintain the area around the exterior of the newsstand for a distance of eight feet from the newsstand in a clean manner.
i. 
All sidewalk newsstands must remain open for business for at least five hours of each day and for at least five consecutive days every week.
j. 
No license for any sidewalk newsstand shall be transferable, with or without consideration. Any such license transferred to another person shall immediately be revoked. Any person violating this provision shall not thereafter be granted a license for any sidewalk newsstand.
k. 
No newsstand shall be placed, or installed:
1. 
Within 20 feet from the curbline of an intersecting street or sidewalk;
2. 
Within 15 feet of a fire hydrant;
3. 
Within 15 feet of a crosswalk;
4. 
Within five feet of any Fire or Police call box, fire alarm or other emergency communication device, including, but not limited to public telephones;
5. 
Within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicular movement;
6. 
Within eight feet of the building line abutting any sidewalk;
7. 
Within three feet of any taxi stand or place marked for handicapped parking as so designated by a resolution or ordinance of the City.
[Ord. 6 PSF-A, 7-1-2009 § 1; Ord. 6PSF-A(S), 1-7-2016]
Any person seeking to operate a newsstand shall make a written application for a license, on such forms as the Division of Tax Abatement and Special Taxes shall prescribe. The applicant(s) shall not operate the newsstand until a license has been issued. Such application shall state the following:
a. 
Name, residence and address of the applicant(s).
b. 
Description of the newsstand to be licensed, i.e., height, width, type, appearance, materials to be used for structure. Attach a drawing and/or pictures of the newsstand.
c. 
Proposed location of the newsstand.
d. 
The proposed hours of operation.
e. 
The application shall set forth whether or not any of the persons in paragraph a has ever been convicted of a crime, a violation of the City ordinance, or a disorderly persons offense, and shall specify the nature of the offense.
f. 
Each application shall be duly sworn to by each applicant. Fraud, misrepresentations, false statements, misleading statements, evasions or suppression of material facts in securing a license are grounds for suspension or revocation of the license and the ability to obtain a license in the future and/or constitute other separate offenses under applicable Federal and State laws and City ordinances.
g. 
Applicants shall obtain the approval of the Chief of Police, the Building Inspector or Code Enforcement, Department of Engineering, Chief of the Division of Fire, Zoning Officer and the Landmarks and Historic Preservation Commission to confirm that the existing newsstand or proposed newsstand is in compliance with the applicable codes, rules, regulations, ordinances and statutes.
[Ord. 6 PSF-A, 7-1-2009 § 1]
a. 
A license shall apply only to the operator to whom it is granted, and the approved location.
b. 
No license shall be issued to a person under the age of 18 years, or to any person not a citizen of the United States.
[Ord. 6 PSF-A, 7-1-2009 § 1]
The Director may deny the license application where the proposed newsstand or existing newsstand does not comply with the requirements of this chapter.
[Ord. 6 PSF-A, 7-1-2009 § 1]
a. 
An applicant seeking to operate a newsstand shall indicate in the application filed with the Division of Tax Abatement and Special Taxes the existing or proposed location of the newsstand.
A map must be provided indicating the specific location relative to street names, intersections and buildings' addresses.
b. 
The Division shall review the request and shall make the final determination as to the approved location of the newsstand in accordance with this chapter. The Division of Tax Abatement and Special Taxes shall inform the applicant no later than 30 days of receipt of its application as to the approved location of a newsstand. In the event the City selects an alternative location to the one requested by the applicant, the City will indicate its reasons as to why the alternate location has been selected.
c. 
If the applicant disagrees with the City's decision as to the approved location, the applicant shall make a written request to the Division of Tax Abatement and Special Taxes requesting a hearing for reconsideration of the City's decision.
d. 
This section only applies to the approved location for a proposed newsstand. The applicant(s) must still receive approval from the City for the issuance of a license to operate in accordance with the terms of this chapter.
[Ord. 6 S+FA, 3-4-1992 § 22:16-3; Ord. 6 PSF-A, 7-1-2009 § 1]
a. 
The license for any sidewalk newsstand shall cease and terminate and become null and void without the return or rebate of the fee or any part thereof paid to the City for such license upon a finding by the Manager of the Division of Tax Abatement and Special Taxes or his authorized representative, after due notice and a hearing if requested by the licensee, that the licensee has violated any City Ordinance relating thereto or regulations of the Director of the Department of Finance.
[Ord. 6 S+FA, 3-4-1992 § 22:16-4; Ord. 6 S+FD, 10-20-1993; Ord. 6 PSF-A, 7-1-2009 § 1]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $1,000 but not less than $50.
Each day that such violation is found to continue shall be considered a separate offense.