Section 24-4101. APPLICATION AND QUALIFICATIONS TO OBTAIN A PUBLISHER BOX PERMIT

 

4101.1The owner of a publisher box located or to be located on public space shall submit a public space permit application to the Director on an annual or biennial basis.  The application shall be accompanied by the following:

 

(a) Contact information for the following:

 

(1)The name, business address, phone number and the email address of the person requesting the annual permit who may be the owner of the publisher box or the agent for the owner;

 

(2)The name, business address, phone number and, if applicable, the email address of the owner of the publisher box who shall be shown on the permit as the permittee; and

 

(3)The name, business address, phone number and email address of the person currently responsible for maintaining the publisher box on public space;

 

(b)A document stating the name of each publication, periodical, or document distributed from the publisher box owned by the applicant, to be used solely for DDOT confirmation of use of the publisher box by a permitted applicant;

 

(c)A certificate of insurance naming the District of Columbia, a municipal corporation, its officers, and employees as an additional insured and covering any liability arising from the placement of the applicant’s publisher box on public space for the duration of the permit. The certificate of insurance shall show the following:

 

(1) The District of Columbia, a municipal corporation, as the certificate holder;

 

(2)Minimum general liability limits of no less than three hundred thousand dollars ($300,000), except that any person who maintains one hundred (100) or more publisher boxes at any one time shall maintain minimum insurance coverage of one million dollars ($1,000,000).  These limits shall include a combined single limit for bodily injury, including death and property damage; and

 

 (3)A cancellation clause requiring notice to the District of Columbia, as certificate holder, prior to the cancellation of the insurance coverage;

 

(d)Information as to the total number of publisher boxes the owner is placing on public space for the duration of time the annual permit is in effect;

 

4101.2The annual public space permit required by § 4100.1 and the liability insurance required by § 4101.1(c) shall be maintained for as long as the publisher box remains on public space.

 

4101.3Notwithstanding § 4101.1(d), the actual number of publisher boxes located on public space for the duration of the annual permit may increase to one hundred ten percent (110%) of the total number of boxes the owner claimed on the application.

 

4101.4If at any time after securing the annual public space permit, the owner wishes to install additional publisher boxes in excess of the one hundred ten percent (110%) allowed by § 4101.3, the owner shall submit a public space permit application pursuant to § 4101.1 to amend the current annual public space permit to include the number of publisher boxes the owner is placing on public space in addition to the one hundred percent (100%) originally claimed.

 

4101.5The Director shall reissue the applicant’s annual permit when the owner pays the pro-rated permit fee for each additional publisher box installed for the duration of time remaining until the annual permit expires.

 

4101.6To place a publisher box on public space lawfully, the owner of the publisher box must also have a basic business license with a general business endorsement in accordance with Section 3800 of Title 17 of the District of Columbia Municipal Regulations. 

 

 

authority

Sections 4(a)(5)(A) (assigning authority to coordinate and manage public space permits and records to the Department Director), 5(4)(A) (assigning duty to review and approve public space permit requests to the Department Director), 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works under Section III(F) of Reorganization Plan No. 4 of 1983 to the Department), 9j (granting the Director rulemaking authority), and 9(j) (authorizing civil fines and penalties) of the Department of Transportation Establishment Act of 2002 (“DDOT Establishment Act”), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.03(5)(A), 50-921.04(4)(A), 50-921.05(b), 50-921.18, and 50-921.19 (2014 Repl.& 2015 Supp.)), Sections 604 and 607 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code §§ 10-1141.04 and 10-1141.07 (2013 Repl. & 2015 Supp.)), Subtitle C of Title VI of the Fiscal Year 2005 Budget Support Act of 2004, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code §§ 10-1181.01 et seq. (2013 Repl. & 2015 Supp.)), and the Public Space Enforcement Amendment Act of 2014, effective March 11, 2015 (D.C. Law 20-207; 61 DCR 12690 (December 19, 2014)).

source

Final Rulemaking published at 63 DCR 14191 (November 18, 2016).