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O1712CA:JLD:perform4/pc/dh 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 1 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 2 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. 3 (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. 4 (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. 5 (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 6 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. 7 (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 8 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 9 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. 10 (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. 11 (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 12 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. 13 (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. 14 (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 16 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. 17 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: ~ ~ _~'.'` ~ 6`l.f . ~ , J SEP LAWRENCE A ting City Attorney 18 JAr~ra r>>an~ca 8iu~ • ~ ~' . zx~ i s.so . . ~ ' i EZ}iG1L Dfil1GS I ~. ~ ~~ t ~. ~ ~ ~ ~ ~:. ~ ~~ ~ ~ _; ~ ~. ,~ , ~~ ~ . . ~ f~~ . ~ r: ~~~~..~.~ ~. .~ . ~.... ~ut~ceenrs ,~Y . .. . ,; •.~ • .~ YAN~E DOOOlB'S ~ 81t1APD GJ.JB p ~•. , ~. .~ ~k~lA~ms La~S~6E o :.: SAM-IOZE a C~T 'fl~lE ~ ~aN ~wmalr X ~rr~ } a1s ~ au 3ie _.. ..1~~ ~ ~ ~~ ~~ .~ Z~ a ~ ~ ~ r u '+ lONGS .EM~].FRS ~ Vr1LDNANG6 GW~ DFFJt 7RAVEL o+es. ~o~rt ~ uu.~ ~ ~.. s ~ a~m~ asnacr . c~vat~~a~ ~ 4r ~ 2 6~ALI.~1M~i ~ . _ ~ ~ MuSKRAT VINTAGE C~OTH910 ~ ~ ~. URBAN ~ oumn~s ~ ~ . MNtW'S R/WMI RESTAURANT ~ ~ q~IU.EAS RESTAURAHT ~ , . PROAQIADE GJ1LLE3tY ~ _ • -'_"~ --UPfRdIT C011~Y ~ . SFIOwCASi ~ N . _ . - -~ ~~ ~ I N 8R~ ~~S t454 1(32 .10rtNNIES CAfE ~ R PI7ZF7tU - ro ~ - - -....---- ~ ; ~ eRO~w~r ~ ; ~ 9 ~ e,w « ~~t ~ ~ ~ 223A z2~ ~ ~Y7fArfll)A1/ u a R oa.~~rrr ~ ~ iRUFfF1SA CAFE ~ ~ BAi~RY A R C.~LLFA7 QWRf~T ~ C/~LLETiY QWR~T ~ aH~r~oc ooEa+ n~-m~s - - I ~ ~ ~ RESTWRANT o ~ ~ ~ ~A ~ PASSAGEYYAY sRO~cw~r oau ~ ~~ 4~.. ~ ~ ~ ~ PERFORMANCE ZONE qrizona Ave. ~ , \ i y~,~ ~ u 9 ~ (~ ~ ~ Z O H ~ ~ ~ ~~~ u ~~i N PASSA~ww~ u CRITER~ON rL.~2A ~, f000C0URT u 0 gRA Q1V0 CfVA u PMA OOOR~S ' N ~~ I 1321 ,7RD ~' ~ ~ ~S U . u y ~ ' RA1~sOMf flEG1R0 1IIC5 ~ n O• ~ ~ .t : :~,: ~ `• ~t ~ F.w. roawae7-i s ~ 4, ~ . _ : i , ~ PARtS LEA7NF~2 ~ ~ I~ ~ ~ ~ . " -- ~ . J E]IQt11iJS SKL Q. B~G D~ ~~ i ~~Y ~ ~ PA~~fAY • J ' 0 k S ASSOCtATES SA-ITA YONG ~ ' ' . ° RE?Ab 4ALL WAlER DEPT. r pRtC C. KLME V0.A ' 80dc~sl~Jt E,Y7!?lSfON ~ - ~ : : I PIRAYID 1AUStC • ~ _ ~ (,, . ~ + ~ ~~ ~ttrr~w ~rrs. ~ ~ ' o ~ w -+~tuH G ~' ~ . . f00D t NTM~ONS ~ I .': ~ ~ TFJISERS ~ ~ , - Rt3TAURMtT ~ PJip f~I~R S~•it'f • / I / 0 u ~ ' s»cree '~' ~ , • + ~ euF~rs wu.u+N ec a+o ~.oorc s~ae~s ~ r; . . . ~ . ~ 7 ~ ; ~ tr~ ~ s~+oP . ; r~ , ~ ~ ~ a ~~~usu ~ ~ RE~fAUR11NT ~ (' I ~ Q (C ~ ~a ~j ~ , ~ ~ ~ ~ 2Z7 223 t~ ' . ~ 301 I 300 311 3 318 ~ . ., I 2 ' . .,. ~, . ' S al r17~11' 10 ~1~~Go1 ~~ . PERFORMANCE ZONE ; , P~~~ I ~~~ SOOKSTORE o P MtQ~I}i000 JOf~VNY ~' j ROCKlTS ~ W11SJ'!1!'L° tilL~11~ ~~ ' l . ~,~ •I V ~~ ~% l. v L~ " •? ~i ~.~ 1 (~ ~ (~I `1 J.C. rE?IltY ~ 1 ;, N - , CT I \ ~~~ ~ ~ EuRa-A oEVftoPUEx'r I RENAiasA~vt~- ~ (~ ~ t, R~S~Ai/RAN t N ~ 1 ~ v ; .ti ,~ ~. r~-~a nosr u a~ s ~~~ ` , . ~ , n~ Rf.EL uar ~ '3 ~! c '~% L v ~ADAI ~ r• • ~ v ACAak]!Y ~ ~. .~. :]•~ ~ ~ NA NA GL07F{INp ~ ~ : ' ' .~ .•~ r EID~F SNGFS ~'~i •~~. . PA9SA~AY • • Pllf QlIA t1~la71E 1 I.' . •, ~ ~ n O ~ ~ Q ~ ~ BAYlIL1C ~OOKS ~,+ I v F CON00 SOUAHE . COA~ FlO~lSB , , ' TRD S~~ R/~ Ci ' t GRLL ~ s RUBtNS PUCE • ~ ~ • . 'NpNi i0U71i 1WE~i0GW AATB ~ ' - -- 1AVEliNA ETRU3CA ps0 G RF3TAURAHT ~, . CJIflLlSLE STA110NFRS ~ , ENfTHBEAT CA1J~7tY ~i • , . I . _ _ ~ { ` i 1• Mt7~tNESSEY !c INGALL.= ~ ; ~,: I ' . _ . _--- _- - - - ------ ! JOHANNES vA1l T1t9UR0 I r" 1 wa,ouco ~ . ~ WOIC ON ikE ' ~ ~ ~ I ' ~ DRONQIAD[ ~ 2t! i27 2J1 ~ t ~~'12fll1A AY€ P~t4A0C11AY DOiWYS Odd' ` EURCpA ROOIL9f3]~JOt ~ ~ ARCrWA B00lfS ] 12 ' :.. ~ ~. 1 ~~ . . BAi~ASSFR3 ~' Q G S'TOP 'P! GIR OR3 LhVY t eF71l~ SNITA WON~'.A 8EJ1U7Y SLWRtF9 W _ KJtO1MN ~ SPl33.f1AN BOC7KS~ YAI~SONO INDONE9AN MT! MON pimtl OINAONDS AC~ COOKILf JNDU IMPp(:'IS/TQ~CRApN c~vao ca,u - --- ~g_~ v3~ ~ j TABLL I YANNERS \ ]OS i i~~ i ~ 4~ P' X ~ ~ PERFORMANCE ZONE 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: ~- ~~ City Clerk 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