Sec. 1220.21. Noncommercial distribution of leaflets, carrying of placards and holding of discussions restricted

(a) The noncommercial distribution of leaflets, the setting up of card tables to aid in that distribution, the carrying of placards and the holding of discussions with terminal patrons shall be permitted in the following manner at the locations on the lower bus level, main concourse, suburban concourse and upper bus level designated on a diagram of the terminal on display in the manager's office and on file in the secretary's office.

(1) Lower bus level.

(i) Area A. One person shall be permitted to distribute leaflets and/or carry placards. No discussions shall be held in this area.

(ii) Area B. Two persons shall be permitted to distribute leaflets, carry placards and hold discussions.

(iii) Area C. Two persons shall be permitted to distribute leaflets, carry placards and hold discussions.

(iv) These areas of the lower bus level shall be available at all times for the activities as set forth above, with the following exceptions:

(a) The lower bus level shall be unavailable during major holiday periods, i.e., the periods commencing on the day preceding major holidays (e.g. Friday before Labor Day, day before Thanksgiving, the day before three-day weekends) through and including the concluding day of the holiday period. The manager may grant exception to this rule for holidays which do not give rise to three-day weekends and for which traffic forecasts indicate that traffic in the terminal shall not substantially exceed that which occurs on a normal day.

(b) The lower bus level shall be unavailable on Fridays from April 1 to October 1, from 4 p.m. till midnight. The manager may grant exceptions to this rule when traffic forecasts indicate that traffic in the terminal shall not substantially exceed that which occurs on a normal day.

(2) Main concourse.

(i) Area A.

(a) Six persons shall be permitted to distribute leaflets, carry placards and hold discussions. Additionally, these persons may set up one card table at the location in this area designated on the diagram of the terminal on display in the manager's office and on file in the secretary's office.

(b) This area shall be unavailable during major holiday periods, except that the manager may permit these activities on holidays which do not give rise to three-day weekends and for which traffic forecasts indicate that traffic in the terminal shall not substantially exceed that which occurs on a normal day.

(ii) Area B.

(a) This area shall be available to eight persons for the distribution of leaflets, the carrying of placards and the holding of discussions. Additionally, these persons may set up one card table in the location in this area designated on the diagram of the terminal displayed in the manager's office and on file in the secretary's office.

(b) Area B shall be unavailable for these activities during major holiday periods subject to the same grant of exception applicable to area A of the main concourse. Area B, however, shall also be unavailable when it is being used as a passenger holding area.

(3) Suburban concourse.

(i) Area A. This area shall be available to six persons for the distribution of leaflets, the carrying of placards and the holding of discussions with patrons of the terminal at all times when the area is open to the general public, except when this area is being used as a passenger holding area.

(ii) Area B. Two persons may distribute leaflets and set up one card table to aid in this distribution in the location designated as area B on the diagram of the terminal displayed in the manager's office and on file in the secretary's office. Because of the small size of this area and its proximity to escalators, the area shall be unavailable to these persons for discussions with terminal patrons.

(iii) Area C.

(a) This area shall be available to six persons for the distribution of leaflets, the carrying of placards and the holding of discussions with terminal patrons. Additionally, one card table may be set up for the distribution of leaflets at the specified location within area C shown on the diagram displayed in the manager's office and on file in the secretary's office.

(b) This area will be unavailable for these activities when being used as a passenger holding area.

(4) Upper bus level.

(i) Area A. This area shall be available at all times to three persons for the distribution of leaflets, carrying of placards and the holding of discussions with terminal patrons. Additionally, one card table may be set up for the distribution of leaflets by these persons in the location designated on area A of the upper bus level shown on the diagram of the terminal displayed in the manager's office and on file in the secretary's office.

(ii) Area B. This area shall be available at all times to two persons for the distribution of leaflets, the carrying of placards and the holding of discussions with terminal patrons.

(b) In addition to the above, a total of 10 persons shall be permitted to walk on the concourses and walkways within the terminal which are open to the public, for the purpose of distributing noncommercial leaflets at all times, provided that such activities shall be subject to the limitations on use of the lower bus level and the main concourse prescribed above for the special conditions which exist during major holiday and other peak traffic periods.

(c)

(1) Any person or group who wishes to conduct any of the above activities at the locations specified shall apply to the manager on forms provided by him for this purpose. Application shall be made not less than 36 hours nor more than one week before commencement of the activities. The application shall set forth the type of activities to be conducted, the time, location and duration of the activities, and the name, address and telephone number of the person making the application (in case of a group it shall be sufficient to supply the name, address and telephone number of one person who can be contacted if problems arise concerning the grant of the application).

(2) The manager shall grant all such applications on a first come, first served basis so long as the number of persons, the activities and the time, duration and location applied for are in compliance with the provisions set forth in subdivision (a).

(3) The grant of the application by the manager shall be in the form of a permit which shall set forth the number of persons covered by the permit, the activities which are permitted, the permitted time and duration of those activities, and the location at which the activities may be conducted.

(4) The duration of each permit issued shall not be in excess of two weeks. Any person or group may renew a permit for successive two-week periods. Renewal applications shall be made on the same form as new applications and shall be processed as if they were new applications.

(d) No signs, placards or other material shall be affixed to the bus terminal. No leaflets or other material shall be distributed by leaving them unattended throughout the terminal.

(e) The manager may refuse the grant of any permit or suspend any permit already granted in the event of emergencies, such as snowstorms, traffic accidents, power failures, transportation strikes or other conditions which render the traffic flow in any of the areas covered by the permit such that conduct of the activities would create a dangerous condition or substantially interfere with traffic in the terminal.