§ 78-244. Allocation of modular newsrack compartments.

(a)

Each compartment in a modular newsrack shall contain copies of at least one newspaper or other publication, and have a door that is sized to fit and display such newspaper or other publication.

(b)

The modular newsrack provider shall make available enough compartments in each modular newsrack to accommodate all publishers who initially wish to distribute their newspapers and other publications at that location, up to a maximum of 18 compartments per newsrack in the modular newsrack district. If more than 18 publishers wish to distribute newspapers or other publications at one location, then the modular newsrack provider shall allocate the compartments, as follows:

(1)

Priority shall be given to publishers who cover City of West Palm Beach news or who continuously have distributed newspapers or other publications in newsracks at that location for more than 12 months before the effective date of the ordinance from which this article derives, as indicated by the distribution affidavit provided to the modular newsrack provider;

(2)

Among publishers who have priority under this subsection, compartments shall be allocated first to newspapers and other publications issued at least five days per week, second to newspapers and other publications issued between two and four days per week, third to newspapers and other publications issued once a week, and fourth to newspapers and other publications issued less frequently;

(3)

If there are more compartments than publishers with priority under this section, the modular newsrack provider shall allocate the remaining compartments among publishers who do not have priority, first to newspapers and other publications issued at least five days per week, second to newspapers and other publications issued between two and four days per week, third to newspapers and other publications issued once a week, and fourth to newspapers and other publications issued less frequently;

(4)

Notwithstanding the requirements of this subsection, no newspaper or other publication may receive a second space in a modular newsrack until all other interested publishers have had the opportunity to have their newspaper or other publication allocated to a compartment;

(5)

Whenever additional compartments become available, they shall be allocated in the manner described in this subsection;

(6)

In the event two or more publishers have equal priority under this subsection, then allocation shall be by lottery or other random method; and

(7)

Publishers may request placement on a waiting list for a compartment in one of the modular newsracks.

(c)

The opportunity of publishers to have their newspapers and other publications distributed from a modular newsrack shall not be affected whatsoever by their content, consistent with the First Amendment to the United States Constitution.

(Ord. No. 3964-06, § 1, 10-23-2006)