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City Council Meeting 11-23-93 Santa Monica, California
ORDINANCE NUMBER 1712 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
CITY OF SANTA MONICA AMENDING SECTIONS
6.36.110, CHAPTER 2A OF ARTICLE VI C
MONICA MUNICIPAL CODE RELATED TO
PERFORMANCE REGULATIONS FOR THE
STREET PROMENADE
OF THE
6.36.080 AND
~F THE SANTA
STREET
THIRD
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 6.36.020 of Article VI of the Santa
Monica Municipal Code is amended to read as follows:
SECTION 6.36.020. Definitions.
For purposes of this chapter, the
following words and phrases shall have the
following meaning:
(a) Charge: To require someone
to pay a fee before receiving goods
or services, or observing a
performance. Voluntary contributions
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such as passing around a hat or
soliciting donations after a
performance or service is received
is not a charge.
(b) Food or food products. Any
type of edible substance or
beverage.
(c) Goods or Merchandise. Any
items that are not a food product.
(d) Vend or Vendinq. To sell,
offer for sale, or to barter food or
goods in any public area from a
stand, pushcart, motor vehicle, or
by a person with or without the use
of any other device or other method
of transportation.
(e) Vendor. A person who vends.
This includes a vendor who is an
employee or agent of another. A
person engaged in the business of
solici~ing, canvassing, or taking
orders is subject to the regulations
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in Article 6, Chapters 6.24 and
6.32, and is not a"vendor."
(f) Performer. An individual
group performing music, dance,
drama, comedy, or creating certain
tangible art objects, in a public
area.
(g) Perform. When used in
connection with "Performer,"
"perform" means to play music,
dance, act, or create any of the
artistic activities ider~tified in
subsection (f) of this Section.
(h) Pushcart. Any nonmotorized
mobile device used in the sale,
barter, or offer for sale of food
products, goods, or merchandise.
(i) Vehicle. Any motorized
device used in the sale, barter, or
offer for sale of food products,
goods, or merchandise.
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(j) Third Street Promenade
Street Performer District. The area
bounded by the centerlines of
Wilshire Boulevard on the north,
Second Street on the west, Broadway
on the south, and Fourth Street on
th.e east .
SECTIOK 2. Section 6.36.080 of Article VI of the Santa
Monica Municipal Code is amended to read as follows:
SECTION 6.36.080. Performers.
(a) Except as required by Section
6.36.105, a performer who performs without
charge shall not be required to obtain a
vendor permit or performance permit pursuant
to this Chapter or a business license pursuant
to Chapter 6.20. A performer who performs
without charge shall be subject to the
provisions set forth in subsections (a), (d),
and (e) of Section 6.36.100.
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(b) A performer who performs for a charge
shall obtain a vendor permit and shall be
subject to all of the provisions of this
Chapter.
SECTION 3. Section 6.36.100 of Article VI of the Santa
Monica Municipal Code is amended to read as follows:
SECTION 6.36.100. General Requirements.
(a) Location Restrictions. No person may
vend or perform:
(1) In any one location, or
within 100 feet of that location,
for more than thirty (30) minutes in
any three (3) hour period.
(2) Within four (4) feet of any
building, or within ten (10) feet of
any business entrance, except on the
Third Street Promenade.
(3) Within ten (10) feet of any
bus stop.
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(4) Within ten (10) feet of any
street corner.
(5) Within thirty-five (35)
feet of any other vendor.
(6) On any sidewalk that is
eight (8) feet wide or 1ess, at
least four (4) feet of the sidewalk
must be kept clear.
(7) On the Third Street
Promenade, within twenty (20) feet
of any business entrance.
(8) In any manner that blocks
or obstructs the free movement of
pedestrians.
Subsections (a)(1) through
(a)(6j shall not apply to any person
vending in the area set forth in
Section 6.36.090(a).
(b) Vendinq or Rentinq on Beaches
Prohibited. All vending activity on the
beaches and in public parks is prohibited. No
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vendor permit shall be issued to any person
for the vending of any food products, goods,
or merchandise, or the renting of any types of
goods, merchandise, or services on the beaches
and in public parks in the City of Santa
Monica.
(c) Receipts. Upon request by a buyer, a
vendor shall give a receipt to the buyer. The
receipt shall list the following:
(1) The vendor's name.
(2) The vendor's City vendor
permit number.
(3) The vendor's address or
telephone number.
(4) The items sold.
(5) The price of each item
sold.
(6) The total price of all
items sold.
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(d) Cleanup Responsibility. A vendor or
performer shall keep his or her vending or
performing area litter free. He or she must
remove litter caused by his or her products
off of any public property and other private
property. A vendor with a pushcart shall have
a trash container in or on the cart.
(e) Noise limit.
(1) A vendor or performer shall not
make excessive noise with his or her voice, a
mechanical device, or an electronic device.
(For example, a vendor or performer may not
loudly shout out at possible buyers, may not
use a bullhorn or a megaphone, and may not
play a radio, tape player, or other electronic
device at a loud volume.)
(2) Except as provided for in this
Chapter, a vendor or performer shall be
subject to the provisions of Chapter 4.12 of
Article 4 of this Code. Performers within the
Third Street Promenade Street Performer
District shall be subject to the noise
regulations in section 6.36.110 of this
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chapter. In addition, no vendor or performer
shall be so loud as to be heard inside the
premises of an adjacent building or structure
while the entrance door to the premises is
closed.
(f) Pushcart Standards. A vendor's
pushcart (or other device) shall be kept clean
and in a safe condition when used on public
property. The pushcart shall display the
following:
(1) The vendor's name, business
name, and City permit number on all
vertical sides of the cart. The
lettering shall be at least one inch
high. A food vendor shall include
his or her Los Angeles County
Department of Health permit number.
(2) A photocopy of the vendor's
City vendor permit on at least two
vertical sides of the cart.
(g) Compliance with Conditions. No
person shall vend contrary to the terms or any
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conditions imposed in approving a vendor
permit pursuant to this Chapter.
SECTION 4. Section 6.36.105 is added to Article VI of the
Santa Monica Municipal Code to read as follows:
SECTION 6.36.105. Third Street Promenade Street
Performer District.
(a) No person may perform in the Third
Street Promenade Street Performer District
without first obtaining and having in his or
her possession a Performance Permit issued by
the City in accordance with this chapter.
(b) To receive a Performance Permit, a
person must complete and file with the City a
Performance Permit application on the form
approved by the City. The applicant(s) must
provide the following information:
(1) The names of all
individuals performing under the
permit.
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(2) The addresses of all
individuals performing under the
permit.
(3) Proof of the identity of
the performer(s).
(4) For identification
purposes, a general description of
the type of act to be performed.
(5) A description of any
instrument(s) or prop(s) which will
be used by the performer(s).
(c) Upon receipt of a written
application for a Performance Permit, a
Performance Permit shall be approved within
three (3) business days of the filing of a
fully completed application, unless one of the
following findings is made:
(1) The applicant has knowingly
made a false, misleading, or
fraudulent statement of fact to the
City in the application process.
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(2j The application does not
contain the information required by
this Chapter.
(3) The applicant has not
satisfied the requirements of this
Chapter.
(d) The City may condition the approval
of any Performance Permit to ensure compliance
with this Chapter and other applicable laws.
(e) A Performance Permit shall be
revoked upon three (3) convictions for
violation of the provisions of this Chapter
when the violations occur within one (i)
annual permit period, and the permittee(s)
shall be prohibited from performing on the
Promenade for a six (6) month period. A plea
or verdict of guilty or a conviction following
a plea of nolo contendere is deemed to be a
conviction within the meaning of this section.
(f) No application for a Performance
Permit or the renewal thereof shall be
accepted unless the application is accompanied
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by a payment of an annual fee of one hundred
twenty dollars ($120.00), which may be
paid in equal quarterly installments of thirty
dollars ($30.00) on a quarterly basis.
Nonpayment of any quarterly installment
shall void any permit issued.
(g) The Performance Permit shall not be
assignable or transferable.
SECTION 5. Section 6.36.110 of Article
VI of the Santa Monica Municipal Code is amended to read as
follows:
SECTION 6.36.110. Special Performance
Requlations for Third Street Promenade.
No performer shall perform in the Third
Street Promenade Street Performer District
outside of an enclosed building in violation
of the following requirements:
(a} No performer shall perform except
during the following time periods
(1) 11:00 a.m, to 2:00 p.m.
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(2) 2:00 p.m. to 5:00 p.m. on
Saturday and Sunday.
(3) 5:00 p.m. to 10:30 p.m. on
Sunday through Thursday.
(4) 5:00 p.m. to 12:00 a.m. on
Friday and Saturday.
(b) No performer shall perform during any
special event authorized by the City.
(cj Performances shall be limited to
designated per~ormance areas, as established
by Resolution of the City Council.
(d) Performances shall not exceed sound
levels as designated below, as measured from a
reference point of 25 feet from the
performance area:
(1) Sunday through Thursday:
85 decibels between 11:00 a.m. and
9:00 p.m., 75 decibels between 9:00
p.m. and 10:30 p.m.
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(2) Friday and Saturday: 85
decibels between 11:00 a.m. and 10
p.m., 75 decibels between 10 p.m.
and 12:00 a.m. the next day.
(e) No performer shall construct, erect,
or bring with him or her any stage, platform,
or other structure for use during any
performance.
(f) No performer shall use any knife,
sword, torch, flame, axe, saw, or other object
that can cause serious bodily injury to any
person, or engage in any activity, including
but not limited to, acrobatics, tumbling, or
unicycling, that can cause serious bodily
injury to any person.
(g) Performers shall comply with the
provisions of all noise regulations of the
City and in addition shall not perform so
loudly as to be heard inside the premises of
an adjacent building or structure while the
entrance to the premises is closed.
15
(h) Performers shall keep his or her
performance site litter free.
(i) No performer shall block the entrance to
any establishment unless the performer has the
consent of the owner or operator of the
establishment.
SECTION 6. Section 6.36.120 is added to Article VI of the
Santa Monica Municipal Code to read as follows:
SECTION 6.36.120. Penalties. Any person
violating Sections 6.36.105 or 6.36.110 shall
be guilty of an infraction, which shall be
punishable by a fine not exceeding two hundred
fifty dollars ($250.00) per violation. Each
such person shall be guilty of a separate
offense for each and every day during any
portion of which any violation of this Section
is committed, continued, or permitted by such
person and shall be punished accordingly. In
addition to the penalties herein provided, any
condition caused or permitted to exist in
violation of the provisions of this section
shall be deemed a public nuisance and may be,
by this City, summarily abated as such, and
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each day such condition continues shall be
regarded as a new and separate offense.
SECTION 7. Section 6.36.130 is added to Article VI of
the Santa Monica Municipal Code to read as follows:
SECTION 6.36.130. Exemptions.
This chapter shall not apply to:
(1) Activities approved pursuant to
Sections 3.36.150, 3.36.250(c), 6.35.040 to
6.36.070, and 6.44.060 of the Santa Monica
Municipal Code.
(2) Any approved participant in any
Farmer's Market.
(3) Any approved participant in any
special event authorized by the City.
SECTION 8. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this ordinance.
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SECTION 9. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 10. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall cause
the same to be published once in the official newspaper
within 15 days after its adoption. This ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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J SEP LAWRENCE
A ting City Attorney
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Adopted and approved this 2 3 rd day of November ,1993.
Mayor
I hereby certify that the foregoing Ordinance No. 1712 was duly and regularly
introduced at a meeting of the City Council on the 9th day of November ,
1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council
on the ~~ r~ day of NnvPmhr~r ,1993 by the following vote:
AYES: Councilmembers Abdo, Genser, Greenberg, Olsen, Rosenstein
NOES:
ABSTAIN:
ABSENT: Councilmebers Holbrook, Vazquez
ATTEST:
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Adopted and approved this 2 3 rd day of Novembe r ,1993.
Mayor
I hereby certify that the foregoing Ordinance No. 1712 was duly and regularly
introduced at a meeting of the City Council on the 9th day of November ,
1993; that the said Ordinance was thereafter duly adopted at a meeting of the Ciry Council
on the 2-~ r~ day of 1JnvpmhP r ,1993 by the following vote:
AYES: Councilmembers Abdo, Genser, Greenberg, Olsen, Rosenstein
NOES:
ABSTAIN:
ABSENT: Councilmebers Holbrook, Vazquez
ATTEST:
City Clerk