§ 11-102. Placement permit required

(a) Any custodian seeking to place, maintain or install vending machines upon any right-of-way within the city shall obtain a placement permit as herein provided. Only one such permit shall be required for a custodian, and it shall be valid for all locations within the city approved for use by said custodian.

(b) Applications for said permit, in the form approved by the director, shall set forth the information as to identity of custodian, the proposed locations for the vending machines, the nature of the contents (i.e. whether renewed daily, weekly, monthly, etc.) and, if newspapers, whether same has been adjudicated to be a newspaper of general circulation for this area pursuant to the provisions of the California Government Code Sections 6020 to 6027.

(c) The application shall contain a provision by which the custodian agrees by signing the application that if the permit is granted he will indemnify and hold harmless, protect, and defend the city, its elective and appointive boards, officers, agents, and employees from and against any and all claims, costs, expenses, or damages of any nature (including attorney's fees), by reason of injury sustained by any person, including death at any time resulting therefrom, or by reason of loss, loss of use of, injury to, or destruction of property, including consequential damages of any nature resulting therefrom, arising out of the placement or maintaining of any vending machine by custodian within the right-of-way.

(d) All custodians shall pay a fee to the city when applying for a placement permit. The fees received shall be used to pay for the processing of the applications, inspecting the proposed sites for the vending machines, and any other expenditures related to the administration of this chapter. The city council shall, as often as it deems appropriate, establish a schedule of fees for this purpose by resolution.

(e) The director shall, after reviewing an application and determining that the custodian has complied with the requirements of this chapter, issue the placement permit. The decision of the director shall be final, unless appealed as herein provided.

(Ord. No. 79-7, § 2, 6-4-79)