Permit.

Houston Code of Ordinances § 40-453

in effect

Sec. 40-453. - Permit. (a) Application. An application for a newsrack permit for one or more newsracks shall be made to the director on a form prescribed by the director, which shall include, without limitation: (1) The name, street and mailing address, email address, and telephone number of the applicant, which shall be the duly authorized representative of both the publisher and, if applicable, any independent distributor authorized to service the publisher(s) newsrack for which the permit is sought. (2) The name, street and mailing address, email address, and telephone number of the distributor or other responsible person whom the city may notify or contact at any time concerning the applicant(s) newsrack(s). (3) The number of proposed newsracks and a description of the exact proposed locations. (4) A description of each proposed newsrack, including its dimensions and signage, and whether it contains a coin-operated mechanism. (5) The name and frequency of the publication proposed to be contained in each newsrack. (b) Separate application. A separate application shall be required for each publication. (c) Issuance of permit. If the application is properly completed and the type of newsrack and location proposed for each newsrack meets the standards set forth in this article, ParkHouston shall issue a permit within ten business days from the date the applicant files the application with the director. A single permit shall be issued for all newsracks, applied for by an applicant, that meet the standards of this article. A permit shall not be transferable. (d) Period of permit validity. A permit shall be valid for three years. (e) Permit application fee; decal fee. The permit application and decal fees per newsrack shall be stated for this provision in the city fee schedule. All fees imposed under this article shall be paid to the director at the time the application is filed and retained in a fund administered by the department for ParkHouston. (f) Decal replacement. ParkHouston may require a permittee to replace a decal that has become worn, faded, defaced, or missing. The decal replacement fee shall be stated for this provision in the city fee schedule. (g) Renewal. A permit may be renewed if, prior to its expiration, the permittee pays the renewal fee stated for this provision in the city fee schedule. (h) Issuance of decal. Each permittee shall be issued a pre-printed decal for each permitted newsrack, which shall be affixed to the lower right or left corner inside the window opening on the front of each newsrack. (i) Denial of permit. If the application is incomplete or the type of newsrack and location proposed for a newsrack does not meet the standards set forth in this article, then the director shall deny the permit application. If the newsrack permit is denied, in whole or in part, the director shall, by certified mail or by email to the address(es) provided by the applicant, notify the applicant within ten business days from the date of filing a completed application with the city, explaining the reasons for the denial of the permit. The applicant shall have ten business days from the receipt of notice of a denial to correct and resubmit the application or appeal the decision, in writing, to the hearing examiner designated by the director. (j) Suspension or termination of permit. The director may, following ten business days written notice to the permittee and an opportunity to be heard, suspend or terminate a permit. Grounds for suspension or termination require a proven history of continual noncompliance with the requirements of this Code, consisting of a minimum of four violations in a 12-month period for which citations have been issued under section 40-459 of this article and a final judgment of guilt or a plea of nolo contendere has been entered. The period of suspension shall be at the discretion of the director, depending on the severity of the violations, not to exceed six months. Where the director finds that termination is appropriate, the permittee may not apply for a new permit for a period of 12 months. The decision of the director may be appealed as provided in subsection (k) of this section. (k) Appeal of denial, suspension, or termination. The hearing examiner shall conduct a hearing within 30 days of receipt of the applicant(s written appeal request. Written notice of the time and place of the hearing shall be provided to the applicant at least ten business days prior to the date of the hearing. The hearing shall be conducted according to procedures promulgated by the director. The hearing examiner shall render a written decision within 15 business days after the date of the hearing. The decision of the hearing examiner shall be final. (l) Amendment to permit. In the event of a change in any of the information contained in the application, the permittee shall submit the change in writing to the director. A permittee may install and maintain additional newsracks by amendment to the permit. This section shall govern the review and approval of any amendment. (m) Processing. The director shall have authority to promulgate forms, rules, and procedures relating to the permitting process. (Ord. No. 07-225, § 7, 2-14-07; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2019-1015, §§ 35, 36, 12-11-2019)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH40STSI_ARTXXNE_S40-453PEFetched: 10/26/2026