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(1) If sufficient vending space does not exist to accommodate all applications submitted for a particular newsrack location, priority shall be determined as follows:

(a) first priority shall be publications published daily;

(b) second priority shall be given to publications published two (2) or more times per week;

(c) third priority shall be given to publications published once per week (residual Sunday papers shall be considered weekly publications for purposes of priority); and

(d) fourth priority shall be given to publications published once per month or less frequently than once per month.

(2) If the above process does not resolve a conflict over allocation of vending space in a newsrack location, the Business License Office shall allocate each available vending space by a random drawing for that space.

(3) An applicant who requests assignment for publications in a specific newsrack location who is unable to receive a permit for vending space shall be placed on a waiting list maintained by the Business License Office.

(4) The Business License Office shall also allocate a publication’s placement within a newsrack location as determined by Subsection (1) of this Section.

(Enacted 2006-24)