California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 20 - Permissible Activity and Use of Safety Roadside Rest Areas and Vista Points in and Along California State Highways › Article 4 - Procedures to Follow in Obtaining an Agreement or Permit for Permissible Activities › Section 2207 - Newspaper Vending Machines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Installation, construction, operation, use and maintenance of newspaper vending
				  machines at safety roadside rest areas and vista points is permissible, and
				  upon compliance with the provisions of this section, herein set forth a permit
				  shall be issued to the applicant to place and maintain newspaper vending
				  machines.
(b) Any person or
				  organization, which for purposes of this section may include any corporation,
				  partnership, firm, unincorporated association or any other group or combination
				  acting as a unit, desiring to obtain a permit for placement of a newspaper
				  vending machine at a safety roadside rest area or vista point shall file a
				  written application with the department's Division of right of way in
				  Sacramento. Upon receipt of a written application or upon notice requesting
				  applications for placement of newspaper vending machines, the department shall
				  review applications of interested parties.
The following procedures and rules shall apply to the
					 department's review of the application and issuance of a permit:
(1) The application shall state the name,
				  address and telephone number of the applicant, of the contact or spokesperson
				  for the applicant and of the responsible dealer or vendor, together with the
				  name of the newspaper to be distributed.
(2) The application shall identify the safety
				  roadside rest area or vista point where the applicant desires to place a
				  newspaper vending machine. An applicant may seek to place a newspaper vending
				  machine at more than one safety roadside rest area or vista point and may also
				  seek to place more than one newspaper vending machine at any given safety
				  roadside rest area or vista point.
(3) The applicant shall provide the
				  manufacturer's name and model of the newspaper vending machine with its
				  application to allow the department to determine consistency with the
				  specification and design provisions established by the department under this
				  section.
(4) Subject to subsection
				  (5) below, each application for a permit shall be approved or denied in writing
				  by the department within forty-five (45) days after receipt of an application
				  furnishing all the information required by this section. A permit shall be
				  issued if the application provides all the required information and it meets
				  the requirements and specifications of this section. The department's District
				  Permit Office will issue an encroachment permit within seven (7) working days
				  of receipt of a copy of the required information, a completed encroachment
				  permit and approval from the department's Division of Right of Way.
(5) Should the department deny the
				  application it shall set forth the reasons for the denial, specifically
				  identifying provisions of these regulations with which the applicant has not
				  complied. Such denial shall be appealable as provided in Section
				  2207(h)
				  herein.
(6) If the department
				  cannot reasonably process the application within the forty-five (45) day
				  period, it shall notify the applicant in writing of the reasons therefor,
				  together with an estimate of when the review will be completed. Unless there is
				  an agreement to the contrary, the time within which to approve or deny the
				  issuance of a permit shall not be extended more than fifteen (15) days from the
				  end of the forty-five (45) day period.
(7) the permit shall be effective as to each
				  newspaper vending machine described in said permit from the date of its
				  issuance to the date the newspaper vending machine is permanently removed by
				  the applicant or the department, except, that a permit shall terminate and be
				  of no force or effect if the vending machine is not installed within six (6)
				  months of the issuance of the permit.
The removal of any newspaper vending machine shall not
					 affect the validity of the permit with respect to any other newspaper vending
					 machine described in said permit.
(8) At the discretion of the department, an
				  identifying sticker shall be required to be affixed to the machine. If required
				  to be affixed, it shall be placed on the inside of the window at the lower
				  right-hand corner, or in such other manner as may be prescribed by the
				  department.
(9) The dealer or
				  vendor shall notify the department in writing of a transfer of its rights or
				  interests under the permit or to the vending machine not later than ten (10)
				  days after the transfer.