SR-11-C (24)
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Santa Monica. California
JUl 1 0 1979
July 2, 1979
TO:
FROt-1 :
SUBJECT:
Mayor and Clty Council
Ci ty Staff
Proposed Regulations for Newsrack Vending Machines
IntroductlOn
This report recommends that the City Council instruct the City Attorney
to revise the newsrack vending machine regulatlon ordinance.
Background
In 1973, the City Council adopted a news vending machine ord,nance. The
ordinance. in addition to regulating vending machines, also regulated the
content of newspapers. This latter portion of the ordinance was later
determined by the City Attorney to be unenforceable.
Portions of the existing ordinance which relate to news vending machlnes
have been enforced on a complaint basis for the past two years. but problems
remaln ln that citlzen complaints are recelved weekly a11eglng that the
news vending machines at several locations restrict pedestrlan access~ are
dirty, have been abandoned, frequently do not operate when coins are inserted,
and do not have the name and address of the owner. In addition. many of the
machines have concrete blocks on them, making it almost impossible for
property owners to move them to clean the sidewalks adjacent and under the
machines. The exi5tlng ordinance does address some of the problems but 15
weak in one lmportant area: it does nothlng to improve or upgrade the types
of machines and the method of locating the machines in the public ways.
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JUL 1 0 1979
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To:
Mayor and City Council
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July 2, 1979
Features of the Proposed Regulatlons
It is proposed that the eXlsting ordlnance be repealed and that a new ordinance
be adopted which will regulate the vendlng machines only. It is further pro-
posed that the ordinance be written so that within a specified zone (see
attached map), the machines be upgraded and that they be required to be mounted
on a steel frame bolted to the sidewalk. The machines in this zone would be
required to be uniform in appearance and without advertising except for name
and logo of the newspaper. These regulations are identical to regulations of
almost every shopping center 1n Southern California, and staff believes that
vending machines on public property within the specified zone should at least
be equal to the standards that private owners are requiring and have been
requirlng for the past several years. In most cases the newspapers already
own the type of machines which are specified and the only additional expense lS
for the frame upon which the machines are to be mounted.
In all other areas in the Clty, outside these specified zones, the regulatlons
will be very simllar to the regulations in the existing ordlnance; that is.
the existing machines on the tripod-like stands may remain. but the machines
must be kept clean, have the owner1s name and address, must be maintained, and
must not be located within a speclfied number of feet from bus zones, fire
hydrants, crosswalks, and so forth.
The ordinance which is proposed is similar to the ordinances in Beverly Hll1s.
Laguna Beach, Glendale, Garden Grove, and many other clties (see attachment).
The staff has met with representatives of some of the local newspapers.
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To:
Mayor and City Council
-3-
July 2, 1979
Although several changes have been made which were suggested by the Evening
Outlook, they oppose this Ordinance on the basis that it is not needed, that
the old Ordinance is sufficient, and that the suggested Ordinance will
allegedly make It more difficult for other newspapers to sell in Santa Monica.
The Independent-Journal reviewed the suggested Ordinance and found no fault
with it.
It should be noted that the suggested Ordinance will have no effect on the two
vendors (or any future vendors) who sell newspapers currently, nor will it
have an adverse economic impact on any newspaper publishing company or vendor.
The maximum cost to the Evening Outlook, for example, will be less than $500.
The total cost to the vendors of the Independent Journal, Los Angeles Times,
and other newspapers will also be less than $500 each, the cost belng that
for machines and mounting frames in Zone A. There are no limitations on the
number of vending machines which may be located in any area, thus new or
existing newspapers are not restrlcted by the suggested Ordinance.
On May 17, 1979, the Court of Appeal upheld a Los Angeles County Newsrack
Ordlnance against a First Amendment challenge, "Because lt is specifically
drafted only to prevent obstruction of travel, to avoid danger from defectlve
racks, and to protect persons from unwilling exposure to explicit sexual
material which is likely to be offensive to the unwilling viewer." (Gluck v.
County of Los Angeles). When the opinion is published, the City Attorney will
analyze it carefully. Upon first impression, it appears that our proposed
ordinance is valid under the basic standards of Gluck. The Court, in Gluck,
struck down the portion of the Los Angeles County Ordlnance relating to the
impoundment of newsracks, so that portion of this proposed ordinance should
be studied carefully.
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To:
Mayor and City Council
-4-
Ju ly 2, 1979
Recorronendation
It is recommended that the City Councll conceptually approve, and instruct
the City Attorney to prepare an ordinance for introduction at the August 14,
1979 meeting, similar to that which has been described in this report and is
attached.
Prepared by:
Stan Scho 11
Shane Stark
Attachments:
Proposed Ordinance
Map of Proposed Zone A