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HomeMy WebLinkAbout11/17/1999 - STAFF REPORTS (7) i DATE: November 17, 1999 TO: City Council FROM: Transportation Coordinator via Director of Aviation PALM SPRINGS INTERNATIONAL AIRPORT SOLICITATION AND DISTRIBUTION POLICY RECOMMENDATION: That the City Council approve the general Policy concerning charitable solicitation, distribution of literature and the exercise of first amendment rights at the Palm Springs International Airport (PSP). BACKGROUND: The Airport has been approached by the Palm Springs Central Congregation of Jehovah's Witnesses to distribute community service literature in the Airport terminal. This request was taken to the City Attorney for review and comment. It was his opinion that the Airport is required to allow this sort of activity and that the guidelines should be established by the Airport Commission. The Commission directed staff to research and draft a general policy concerning these activities. Information and policies currently in place at airports in Charlotte, Portland, San Francisco, San Diego, and Fresno were obtained by staff to use as guidelines in developing a policy specific to PSP. The latter three are very Important as any policy they have in place must adhere to California state law. Staff presented the Airport Commission with a draft policy on Solicitation and Distribution at PSP earlier this year. The item was unanimously approved subject to the Incorporation of minor revisions and suggestions on content clarification. Attached is the result of the general policy which has been approved by the City Attorney's office taking Commission requests and suggestions into consideration. Section IX was added to provide an avenue for a hearing process should permits be denied, revoked, or suspended for violation of any part of this policy. This hearing process currently applies to Ground Transportation providers at PSP. In anticipation of an approved policy, staff is working on an implementation plan which includes, but is not limited to:an application which all interested parties must complete prior to engaging in these activities; the approval criteria; the approval body; and a dedicated location in which these activities will take place. Staff will continue to work with the Airport Commission on the implementation plan. Approved: G Brya�Vl. Francis V Jeri L. Riddle Tra sportation Coordinator Director of Aviation City Manager Attachments:1. Minute Order FJ�A W- ' 2. Solicitation and Distribution Policy i CITY OF PALM SPRINGS DEPARTMENT OF AVIATION PALM SPRINGS INTERNATIONAL AIRPORT vjok SOLICITATION AND DISTRIBUTION POLICY I. AUTHORITY This Solicitation and Distribution Policy ("Policy") is adopted pursuant to and by the authority granted in Chapter 11.33.030 - Dudes and Responsibilities, relating to the Palm Springs International Airport("Airport'),of the Municipal Code of the City of Palm Springs("City'). II. PURPOSE It is the City's policy to permit use of certain parts of Airport premises for the exercise of the rights of free expression, communication and distribution of literature only to the extent required by the United States Constitution and the Constitution of the State of California and as consistent with but not interfering with the transportation function of the Airport. This Policy is adopted to establish the procedures which govem the use of Airport premises for the purposes of free expression, communication and distribution of literature. III. DEFINITIONS 'Airport'means the Palm Springs International Airport,which is owned and operated by the City. "Airport Commission Subcommittee" means a subcommittee of three (3) members of the Palm Springs Airport Commission duly organized to review any denials of permit applications pursuant to this Policy. "Department of Aviation"means the Department of Aviation of the City of Palm Springs. "Applicant" means an applicant for a permit required by this Policy. "City"means the City of Palm Springs. "Commercial Activity"means aciivides undertaken for the primary purpose of producing a profit or a material benefit for an individual or for an organization formed for the purpose of making a profit. Specifically excluded from this definition is activity where commercial aspects are merely incidental to the primary purpose of expression of Ideas or advocacy of causes. "Director" means the Director of Aviation of the Palm Springs International Airport or his or her designee. 1 "Leafletting" means the sale or distribution of written or printed materials. "Pennittee"means a person or organization that has been issued a permit under this Policy. "Police Chief means the Chief of Police of the City of Palm Springs or his or her designee. "Private Leasehold Area' means any part of Airport premises leased by the City to any other Individual or organization,or for which a temporary use permit has been issued by the City for use of any Airport premises by an individual or organization. "Solicitation'or"Soliciting"means a direct,person-to-person request for money orally or by use of tangible objects including but not limited to any book, pamphlet, periodical, graph, chart,audio or video tape. "Sponsoring Organization" refers to any organization on whose behalf the applicant or permittee proposes to engage In the activity governed by this Policy. IV. DESIGNATION OF AREAS) AND OPERATIONAL HOURS FOR ACTIVITIES GOVERNED BY POLICY A. All activity governed by this Policy shall be conducted only in the area(s)designated by the Director. Said area(s)shall be those which do not interfere with the primary purpose of the Airport terminal, which serves as an origin and destination point for those individuals residing In or visiting the area. The area(s)shall be selected by the Director and may be changed at any time as necessary to avoid interference with any traffic at the Airport terminal. B. Areas approved by the Director for activity covered In this Policy shall be furnished with a booth. All activity will take place only at booths furnished by the Director. All permittees must remain behind the booth at all times while engaged in these activities. C. Hours of operation shall be as follows:8 a.m.-8 p.m. daily local time. V. DURATION AND MANNER OF OPERATION A. No permittee shall occupy the area for more than three(3)successive days or for more than nine(9)days in a single month. B. Not more than three(3)persons representing any one group or organization shall be issued a permit to conduct free speech activities at any one time. C. Permittees exercising the rights of free expression, communication, and distribution of literature on Airport premises shall adhere to the following guidelines: 1. No permittee shall make loud noises, dance, chant, use drums, cymbals, other musical Instruments, or noisemaking devices. 2 VfA M5 yVr 2. Permittees at all times are subject to all laws: Federal, state or local, regarding frauds, assault, battery,theft, littering, and all other laws relating to the conduct of persons in public areas. 3. No permittee shall erect or place a table, bench, chair, or other structure on any sidewalk or other premises of the Airport. Guidelines for banners and signs are currently in place at the Airport and shall apply to the free speech area. 4. No permittee shall distribute candy, gum or other food snacks or any food or beverage product to the public. D. Failure to adhere to the guidelines mentioned above may result in the revocation of issued permit and badges. In the event that three or more violations hereunder by persons representing the same organization occur within a period of thirty days, then the third violation shall serve to automatically terminate any permit which may have been Issued to the organization which such person or persons represent Whenever any person or organization's permit is terminated,the person or organization which held such permit shall thereafter be ineligible to receive any permit under this Policy for a period of one year following the time of the third violation. VI. PROCEDURES FOR OBTAINING PERMIT A. The application for a permit required herein shall be made in a form prescribed by the Department of Aviation but which shall require the following Information from the person or organization seeking the permit: 1. The full name, mailing address and telephone number of the applicant and, if applicable, the organization being represented. 2. If the applicant is a representative of a sponsoring organization, documentation showing that the applicant has authority to represent the sponsoring organization. 3. A description of the proposed activity,including the number of days during which the activity will be conducted and the number of persons who will engage in the proposed activity. 4. If the proposed activity involves solicitation for the sole benefit of a charity,charitous group, religion, or religious group, verification that the applicant's sponsoring organization has received an official ruling of Federal Tax Exempt Status Form pursuant to United States Internal Revenue Service under Title 26, Section 501(c) of United States Code or that an application for such a ruling is pending. In addition, the applicant must present verification of a State Tax Exempt Status Form pursuant to California Revenue and Taxation Code Section 23701. B. The application must be submitted to the Department of Aviation at least five (5) but not more than thirty (30)working days prior to the date proposed for the activity governed by 3 this Policy. C. Within seven (7)working days following receipt of the application,the Director shall either issue the permit or notify the applicant that the application has been denied. If an application submitted to the Director contains all relevant Information set forth at Section VIA above,the Director shall issue a permit required under this Policy. D. The Department of Aviation shall require valid identification, such as a California Driver's License,from each individual at the time of application. E. The Director may deny any application for a permit it: 1. The applicant has failed to provide valid personal identification. 2. The applicant has failed to provide or misrepresented the information required in the application for the permit. 3. The Issuance of the permit would cause more than three persons to engage in activity permitted under this Policy at the same time and facility. F. All permits shall expire at the end of a calendar month. A permit is valid for a maximum one month period, dependent upon the number of days in the month in which the permit is Issued. Permits are not transferrable to the next month,even if the permittee obtained the permit after the first day of the current month. G. The Director may revoke any Issued permit if the permittee or representative: 1. Interferes with access to Airport premises,disrupts the functions and activity of the Department of Aviation, interferes with the use of Airport premises or results in physical damage to Airport premises. 2. Substantially blocks the visibility of any sign or advertisement maintained or approved by the Department of Aviation and refuses to cease blocking such sign or advertisement after the request by Airport personnel. 3. Physically touches or attempts to place any item on the clothing,person or property of any person without the consent of that person. 4. Uses audio or sound amplification equipment. 5. Leaves unattended,discards or abandons any type of literature,food,bags,boxes or other debris except in Airport trash receptacles. 6. Misrepresents his or her identity or the identity or purpose of the sponsoring organization. 7. Engages in commercial activity. 6. Engages in free speech activity outside of the designated booth area(s)prescribed In this Policy. V40 ��4 i 9. While on Airport premises,fails to display the badge required under this policy on the front portion of his or her upper outer garment so as to be dearly visible to both the public as well as Department of Aviation personnel. 10. Fails to identify or produce the badge required under this policy upon demand by any Department of Aviation personnel. H. When more than one permit is requested for the same date and time,the permft(s)will be Issued on a first-come, first-served basis subject to the limitation that no more than three persons may engage in activity governed by this Policy at the same time and facility. VII. BADGE REQUIRED BY PERMITTEE A. If the application for a permit is approved, the permittee shall pay the Department of Aviation a non-refundable fee as identified in the City's Comprehensive Fee Schedule for the cost of an identification badge in a form prescribed by the Department of Aviation. This fee may be paid by cash, money order, or a personal check with the payor's pre-printed name and address, payable to the City of Palm Springs. The Department of Aviation will require valid identification, such as a California Driver's License or other valid California Identification. This fee may be waived by the Department of Aviation upon a permittee's satisfactory proof of an inability to pay the amount due. B. The permittee must appear at the Department of Aviation Administration Office during normal business hours to receive a badge. C. The badges issued to permittees under this Policy are valid for the period set forth at Section MY above, and must be returned by the permittee to the Department of Aviation upon expiration of the permit or the completion of permittee's activities at the Airport, whichever occurs first. D. Each individual participating in activities described in the approved permit application must obtain an identification badge prior to engaging In said activities. Vill. AUTHORITY TO ANNOUNCE NON-AFFILIATION Notwithstanding anything herein,the Department of Aviation reserves unto Itself the authority to advise the public, in writing or verbally, of the presence of any permittee on Airport premises and the fact that they are not affiliated with the City or the Department of Aviation. IX. DENIAL, REVOCATION OR SUSPENSION OF PERMIT A. Revocation or Suspension of Permit. The Director of Aviation may, upon written request or oral notice to permittee,immediately suspend or revoke any permit whenever the permit holder has violated any rule, regulation or condition of the permit pursuant to this Policy. 5 B. Denial, Suspension or Revocation — Right to Hearing. A permit holder whose permit application has been denied or who has been charged with violation of any rule,regulation, or condition of the permit,within ten days after receipt of the notice of denial, suspension or revocation, may file with the office of the Director of Aviation a signed, written demand for a hearing. C. Revocation—Notice of Hearing. If a hearing is demanded,pursuant to paragraph B above, the Director of Aviation,within three(3)working days after the demand is filed,shall issue a notice of hearing which shall be sent by certified mail to the aggrieved permit holder which shall state: 1. Time and place of the hearing; 2. Reference to the particular rule,regulation,or condition of this Policy involved;and 3. A plain, concise statement of the facts upon which the denial, suspension or revocation is based. The hearing shall be held before an Airport Commission Subcommittee and shall be held within five (5)working days after written demand therefor is filed. D. Denial, Suspension or Revocation—Form of Hearing. 1. At the hearing, the aggrieved permit holder may be represented by counsel or anyone of his choosing. 2. Testimony shall be taken upon oath or affirmation of the witnesses from whom received. The chairman of the Airport Commission Subcommittee shall administer oaths or affirmations to witnesses. 3. A verbatim oral, written or mechanical record shall be made of the entire proceedings and the record shall include any written statement on behalf of the aggrieved permit holder all evidence received or considered, stipulations, and the final decision and order by the Airport Commission Subcommittee. 4. A copy of the final order and decision of the Airport Commission Subcommittee shall be sent, forthwith, by certified mail, to the permit holder and to the City Manager. The City Manager shall implement the decision unless timely appeal is taken therefrom. E. Denial,Suspension,Revocation—Appeal of Decision of Airport Commission Subcommittee. An aggrieved permit holder may seek prompt judicial review of the decision of the Airport Commission Subcommittee by a court of competent juddsdiction. F. Delegation of Authority. The City Council expressly delegates to the Director of Aviation authority to Issue permits as provided for herein or to deny issuance of such permits. 6 qfA7 MINUTE ORDER NO. V 5/ APPROVING A GENERAL SOLICITATION AND DISTRIBUTION POLICY CONCERNING CHARITABLE SOLICITATION, DISTRIBUTION OF LITERATURE AND THE EXERCISE OF FIRST AMENDMENT RIGHTS AT THE PALM SPRINGS INTERNATIONAL AIRPORT. I HEREBY CERTIFY that this Minute Order approving a general solicitation and distribution policy concerning charitable solicitation, distribution of literature and the exercise of first amendment rights at the Palm Springs International Airport was adopted by the Council of the City of Palm Springs, California in a meeting thereof held on the it day of November, 1999. PATRICIA A. SANDERS City Clerk J