17.12.070 PRIORITIES IN MODULAR NEWSRACKS.

At such time as this Ordinance becomes effective, the Director shall begin the process of replacing Freestanding Newsracks with Modular Newsracks within the Mandatory Modular Area. For this initial replacement process, space within Modular Newsracks in the Mandatory Modular Area shall be assigned in the following order of priority:

(a) Priority amongst Publishers desiring space in the Area shall be based on a lottery system conducted by the Director. The number of available compartment spaces shall be determined applying the criteria set forth in Section 17.12.030. A random selection from all of the participating Publishers for each non-site specific space shall be made by rounds. At such time as a Publisher has determined it has sufficient space for its needs, its name shall be eliminated from subsequent rounds. When the number of remaining rounds is the same as the original number of participating Publishers, the Director shall ask if any Publishers have yet to receive any compartment space. All Publishers who have yet to receive any compartment space shall then be given one compartment space. Any remaining spaces shall be randomly selected by rounds, as before, until there are no remaining spaces. A second random selection shall determine the specific location that each space will be assigned. Trading, selling, giving or other method of transferring assigned space to another Publisher, person or entity shall not be allowed. Any Publisher desiring additional space after the lottery process is complete shall be placed on the priority list discussed in subsection (d) below.

(b) Alternative Method. As an alternative to the lottery system, all participating Publishers may present to the Director an agreed upon distribution plan for the available spaces in the Mandatory Modular Area. If approved by the City Council applying the criteria set forth in Section 17.12.030, this agreed upon distribution plan will become the basis for the initial modular assignments.

(c) Vacancies. A Publisher with assigned compartment space may at any time return such space to the City by stating in writing its intent to do so. The City, or its Operator, shall thereafter remove the compartment and replace it with that of the next in line Publisher, or a space keeper box if there is no one on the priority list.

(d) Priority List. A priority list shall be created by the Director for the determination of assignment of compartment space as vacancies occur after the initial modular assignments under subsection (a) or (b) above. Priorities when vacancies occur in Modular Newsracks shall be established in the following order: (1) Publications maintaining permitted Free Standing Newsracks within the Mandatory Modular Area on June 18, 2002, that were not able to secure the desired number of spaces in Modular Newsracks as a result of the lottery procedure implemented pursuant to Subsection (a)., above, or were not included in any stipulated plan implemented under Subsection (b), above. If there are more than one Publication meeting this definition, priority within such group shall be based upon whichever historically has maintained Freestanding Newsracks in the Mandatory Modular Area for the longest period of time; (2) other Publications shall be given priority based upon the chronological sequence of the submittal of permit applications ("first-come, first-served" basis).

Priorities shall be recorded on a priority list maintained by the Director. Placement on the priority list shall entitle the Publisher to the next available vacant space when its name comes to the top of the list. If the Publisher declines the next available space, it may rather choose to be placed at the bottom of the priority list. If thereafter the Publisher desires additional spaces, its name shall be placed again at the bottom of the list and another space provided when its name comes up again. A Publisher who is not then currently on the priority list may be placed on the list at any time by filing a permit application for Compartment space within the Mandatory Modular Area. As an alternative to being placed upon the priority list, a Publisher may choose to apply for a new Modular Newsrack location under section 17.12.060 (b)(2).