Section 2207 - Newspaper Vending Machines(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.(c) Newspaper vending machines to be installed shall be fabricated in accordance with the design and specification criteria established by the department in its guideline, attached as Appendix II, dated February 1, 1979, entitled "Newspaper Vending Machine Design and Specification Criteria," which by this reference is incorporated herein.(d) Newspaper vending machines are to be installed and maintained by the applicant under the direction of and with the supervision of the department at locations meeting the following siting criteria:(1) The machines are to be located in areas that will permit the installation to be unobtrusive and not detract from other elements of the safety roadside rest area or vista point while at the same time being convenient and easily accessible to the public.(2) Whenever practicable to do so, the machines are to be located in planted areas, adjacent to walkways and to the extent possible, adjacent to electroliers to reduce the exposure to vandalism and theft.(3) The front edge of machines located in planted areas should be parallel with the edge of the walkway. Unrelated angles which might conflict with the normal flow pattern of walkways are to be avoided.(4) The height of the machines as measured from the top of the pavement to the top of the machine shall be between thirty-six (36) and forty (40) inches.(5) the machines are to be securely fastened to square steel pedestal mounts which are to be set in a concrete footing located within the planted area. The top of the concrete footing is to be covered with soil, mulch or ground cover to restore the area to its previous appearance to as great an extent as possible. Machines furnished with a pedestal mount equipped with a steel flange base designed to be bolted to concrete surfaces are to be used only where directed by the department.(6) Within each safety roadside rest area or vista point, the machines installed shall all be of the same type, model, manufacture and color so that a uniform appearance is maintained.(7) Each machine shall be maintained in a clean, neat and attractive condition and in good repair at all times. Machines that are damaged or which are in a state of disrepair or which due to wear and tear no longer are in a clean, neat and attractive condition or in good condition shall be replaced or repaired by the owner as soon as practicable after discovery or notification by the department to do so.(8) Machines which have been lost, stolen or vandalized and machines which are no longer to be used to display newspapers shall be replaced or removed as soon as practicable after discovery or upon notification by the department. If the missing machines are not to be replaced or if the vandalized or unused machines are to be removed and not replaced, then the pedestal base shall be modified to properly accommodate the remaining machines. If no machines remain, the base shall be removed and the site shall be returned, to as great an extent as possible, to the condition in which it was found.(e) Except as otherwise provided in these regulations, no advertising signs or publicity material of any type, including labels, identification stickers, plates or other similar attachments may be fastened to or otherwise displayed on the newspaper vending machine, except that the name or logotype of the newspaper shall be lettered or stenciled, using the same shade of dark brown paint as is used on the pedestal base, on the lower front face of the machine below the window using the type style customarily employed by the publication.(f) If required by the department, each newspaper vending machine shall display, affixed to the inside lower left-hand corner of the window in the format and manner prescribed by the department, the name, address and telephone number of the responsible dealer or vendor with the message that they may be contacted concerning refund requests.(g) Should the department determine that a newspaper vending machine has been placed or is being maintained in violation of the provisions of these regulations, the following procedures shall be followed:(1) A written notice (Notice of Violation) shall be given to the person or organization identified in the permit application. The Notice of Violation shall be mailed to such person or organization to the address provided in the application or to such address as has otherwise been provided to the department. The Notice of Violation shall describe the violation and shall advise that the newspaper vending machine may be required to be removed unless the violation is corrected within ten (10) days from the date of the Notice of Violation, and shall state the procedure for obtaining a hearing concerning the violation as provided in Section 2207(h) herein.(2)(A) If within ten (10) days of the date of the Notice of Violation, the violation has not been corrected or otherwise resolved to the satisfaction of the department or a hearing has not been requested, the department may issue a "Request to Remove" the machine. The Request to Remove the machine shall notify the owner that if the machine is not removed within seven (7) days from the date of the removal notice, the department may cause the machine to be removed and impounded and the site returned to its original condition. A Notice of Removal and Impoundment shall be mailed to such person or organization within five (5) days after removal. The Notice of Removal and Impoundment shall state the date of removal, the reasons therefor, and the location and procedures for claiming the newspaper vending machine. The cost of removal and storage and the expense of restoring the site to its original condition shall be borne by the owner. Failure to claim the impounded machine within a thirty (30) day period will result, at the option of the department, in either the destruction or sale of the machine. Proceeds from any sale, less the total moneys owed the department for its costs and expenses, will be returned to the owner. If a deficiency results, the department shall have an action to recover its deficiency, attorneys' fees and litigation expenses.
(B) If a hearing is requested within ten (10) days of the Notice of Violation or if otherwise specifically allowed by the department, the machine in violation of the provisions of this section may remain until a hearing is held and a final administrative decision is made as regards the violation. If after the hearing the permit is revoked or the machine is required to be removed, the procedure outlined in Section 2207(g)(2)(A) above shall be applicable.
(h) If the person or organization identified in the application wants to appeal the denial of a permit or the issuance of a Notice of Violation pursuant to Section 2207(g)(1), the following procedure shall apply:(1) Within ten (10) days after the date of denial of a permit or the issuance of a Notice of Violation, the person or organization notified may make a written request to the department for a hearing. All appeals for a hearing shall be mailed to the Chief of the Division of Right of Way, P.O. Box 942874, Sacramento, California 94274-0001. Failure to appeal within the specified time shall result in a waiver of the right to appeal under these regulations.(2) An informal hearing shall be conducted not later than fifteen (15) days after receipt by the department of the written request. The time, location and date of the hearing, as determined by the department, may be given by telephone to the person or organization requesting the hearing. Written notification shall also be given.(3) Evidence may be written and oral. Either party may call and examine witnesses and introduce exhibits. If a reporter is requested by either party, the party making the request shall make the arrangements and payment therefor.(4) the department representatives shall include the Chief of the Division of Right of Way or his designee.(5) The findings and decision of the hearing panel are final. The decision shall be posted to the appellant not later than five (5) days after the hearing. If a permit is revoked or a vending machine must be removed, a Notice to Remove the machine shall be included with the decision.(i) Unless otherwise provided, applications for a permit may be received from and returned to: CALIFORNIA DEPARTMENT OF TRANSPORTATION
DIVISION OF RIGHT OF WAY
BOX 942874
SACRAMENTO, CA 94274-0001
Cal. Code Regs. Tit. 21, § 2207
1. Repealer of section 2207 and renumbering and amendment of former section 2210 to section 2207 filed 3-7-95; operative 4-6-95 (Register 95, No. 10). Note: Authority cited: Sections 225, 670 and 671.5, Streets and Highways Code. Reference: Sections 220 and 220.5, Streets and Highways Code.
1. Repealer of section 2207 and renumbering and amendment of former section 2210 to section 2207 filed 3-7-95; operative 4-6-95 (Register 95, No. 10).