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)
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 A. 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.
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 A. 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 1965 § 26-51. Code 1994 § 32-62)
(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 12.2 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)
(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
(Ord. 4470 § 3, 6-13-11; Ord. 3609, 3-3-04; Ord. 3422, 5-1-02. Code 1994 § 32-64; Code 1965 § 26-53)
(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)
The types of permits which may be issued are for:
(c) Mobile vending carts/kiosks.
(d) Recurring activity 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)
(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)
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)
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)
(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)
(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)
(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)
(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)
(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)
(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)
(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)
(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)
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)