O1949
f'\atty\mum\laws\barry\streetvO wpd
CIty CouncIl Meetmg 7-20-99
Santa MOllIca, Cahfornla
ORDINANCE NUMBER 1949
(CIty CouncIl Senes)
A~ ORDrnANCE OF THE CIIY COTJNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTERS 6 36, 6 112,6 116 A)..fD SECTION 3.12 375 OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO STREET
PERFOR-VlERS, VENDORS, AND PERSONS UTILIZThl"G TABLES
OR CAR IS FOR THE PURPOSE OF DISPLAYING OR
DISTRIBUTING MERCHANDISE, GOODS, WRITTEN
MATERIALS, OR FOOD OR PLACING OBJECTS
ON THE PUBLIC SIDEWALK; DECLARING THE
PRESENCE OF AN EMERGENCY
WHEREAS, the CIty of Santa Momca has worked for a decade to create and refine
laws governIng street performance and street vendmg whIch recogmze performers' and
street vendors' value to the commulllty, respect constItutIOnal reqUIrements, protect the
safety of reSIdents, workers, and VISItOrs m crowded publIc spaces, shIeld local bus messes
from unfaIr competItIon, and preserve the aestheTIC quahty of the CIty'S pubhc spaces, and
WHEREAS, the dIfficulty of stnkmg and mamtammg the best pOSSIble balance
between these often competmg goals has been exacerbated by changmg conchtIOns m the
CIty'S downtown dIStnCt, changIng aCTIVITIeS undertaken by performers and vendors workmg
In pubhc spaces, and changes InJudiclal mterpretatlOn ofFust Amendment guarantees, and
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vVHEREAS, 10 order to address the needs and concerns of the CIty'S residents,
performers, visitors, merchants, street vendors, and pubhc safety personnel, the City has
undertaken major reVISIOns to ItS performance and vendmg laws on at least five separate
occaSIOns s10ce they were first adopted m 1989; and
\VHEREAS, both the necessIty and the dIfficulty of estabhsh1Og, ma1Otam1Og and
enforcmg a regulatory system for street performers and vendors workmg 10 the pubhc spaces
wIth10 the CIty IS exacerbated by certa10 of the CIty'S defimng charactenstIcs, mcludmg Its
extreme densIty and appeal to VISItorS; and
WHEREAS, the CIty consIsts of Just eIght square mIles of coastal land wluch are
home to 90,000 resIdents, the job site of 300,000 workers; and a destinatton for as many as
500,000 VIsItors on weekends and holIdays, and
\VHEREAS, the City's unusual densIty necessItates specIal efforts to preserve the
free and safe flow of both pedestnan and vehICular traffic, parttcularly m the CIty'S bustlmg
downtown busmess dIstnCt, Its most crowded sector, and
WHEREAS, the greatest challenge III preserving safe cIrculatIOn III the dov.-ntown
dIstnct eXIsts m and around the CIty'S most popular pubhc spaces. the ThIrd Street
Promenade and the Santa MOllIca Pier; and
WHEREAS, the Thud Street Promenade IS a three-block-long portIon of a public
street whIch the CIty has closed to all but emergency vehIcular traffic and Improved WIth
plants, statuary, fountams, and lIghtmg to create an attractive, entertaIllment-onented
pedestnan mall m order to reVItalIze the downto""TI busmess dIStrICt; and
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\VHEREAS, except for Its heavIly traveled cross streets and certam narrow alleyways,
the Promenade IS walled III on both sIdes by two and three story structures, and
\VHEREAS, emergency vehIcle access to the Promenade IS by way of a narrow smgle
lane that runs down the center of the Promenade or by way of the narrow but heavtly uttlized
alleys behind the bmldmgs whIch hne the Promenade; and
\VHEREAS, for purposes of preservlllg pubhc safety III the event of an emergency,
the CIty'S Fife Marshal has evaluated the Promenade as an "outdoor enclosure" and has
calculated the maXImum occupancy load as approxImately 5000 persons per block; and
WHEREAS, m recent years, the huge crowds attracted to the Promenade often exceed
tlus load capacIty, and chmb as hIgh as 10,000 people per block on hohdays, weekends and
other occasIOns; and
\VHEREAS, thIS number does not lllclude the thousands of people lllsIde the many
theaters, restaurants, and retatl establishments who would flood onto the Promenade in an
emergency; and
WHEREAS, the Santa MOllica Pler, lIke the Promenade, attracts very large crowds
whIch, once on the PIer, have severely restncted optIOns for egress; and
WHEREAS, the preCIse time penods dunng whIch the Promenade and the PIer
become qmte crowded have become extremely dIfficult to predIct because of the large
number of special events whIch occur m the CIty and reglOn and whIch often attract very
large numbers of VISItors to the Pier and Promenade on days and evenmgs other than
weekends and hohdays, and
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\VHEREAS, mallltammg publIc safety on the Promenade and the Pier presents specIal
challenges to the City'S publIc safety personnel, particularly m times of emergency, because
of their very large crowds, narrow roadways, lImited mgress and egress, and fixed
impediments to circulation; and
\VHEREAS, street performers and street vendors of commUnIcatlve matenals make
a sigmficant contrIbutIOn to the ambIance of the CIty'S umque and stImulatmg publIc spaces,
but performance and vendmg also pose hazards If left unregulated, and
WHEREAS, over 500 street performers have obtamed performance permits from the
City m the first half ofthls year; and
WHEREAS, Virtually all street performances and street vendlllg III the City occur III
the lImIted space at the Promenade or the Pier; and
WHEREAS, unregulated street performance and street vendmg, particularly on the
Pier and Promenade, create a safety hazard by Impedmg or blocklllg the free flow of
pedestnan traffic, by attractlllg large statIonery crowds which block passage, and by
Impamng access for safety personnel; and
WHEREAS, unregulated street performance and street vending creates particular
safety hazards for semors, the disabled, young children, and others With limIted mobIhty;
and
WHEREAS, the uncontrolled placement of sound eqUIpment, tables and paraphernalIa
on public streets and SIdewalks also disrupts the orderly flow of pedestrIan traffic and the
provlsIon of emergency servIces; and
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\VHEREAS, the placement of blankets and other low-profile objects on pubhc
sldewalks creates partlcular hazards for pedestnans, particularly m t1mes of emergency; and
\VHEREAS, m order to protect pubhc safety, street performance and street vendmg
must be regulated to ensure the orderly flow of pedestrian and veh1cular traffic and ready
access for emergency personnel to pubhc spaces, partlcularly the Promenade and the Pler;
and
\VHEREAS, m order to preserve the quahty ofres1dents' hves and protect the C1ty'S
V1s1tor mdustry, Wh1Ch lS an essentlal component of the Cny's econom1C v1tahty, the C1ty
must safeguard the v1sual appeal and charm of 1tS streets and pubhc spaces; and
WHEREAS, the Promenade and the P1er are frequented by the City's res1dents and
are also among the pnmary destmatlOns of the approx1mately 2,3 50,000 V1S1tOrs which flock
to the C1ty annually; and
\VHEREAS, the C1ty has adopted a senes of comprehens1ve plans and development
gUldes wh1ch promote aesthenc values C1ty-w1de and partlcularly on the Promenade, the P1er
and other pubhc spaces; and
\VHEREAS, through the adoption of these plans and specdic leg1slanon, the C1ty has
been des1gned as a place where people are encouraged and able to walk through a safe and
attractlVe street enV1ronment and the C1ty lS affirmatlvely seekmg to ehminate v1sual bhght
on the pubhc nghts-of-way; and
WHEREAS, a C1ty survey has shO\vn that C1ty res1dents, favorite and most frequent
form of recreatlOll 1S walkmg on pubhc thoroughfares and mother pubhc spaces; and
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\VHEREAS, the CIty's expenence has shown that unregulated street vendmg
degrades the appearance, as well as the safety, of CIty streets and publIc spaces because
vendors prolIferate m numbers and spread theIr tables, blankets, chaIrs and paraphernalIa out
on the publIc nght of way m the most crowded places; and
\VHEREAS, m recent months, the prolIferation of tables, blankets, chairs and
paraphernalIa bemg used by vendors, and to a lesser extent by performers has, at trmes,
caused the Promenade and PIer to look lIke flea markets, and thIS appearance IS detnmental
to the greater publIc welfare, and
WHEREAS, the success of the Promenade has sparked a dramatIc resurgence m the
dO\vntown busmess dIStrIct, and, for the welfare of all CIty reSIdents and workers, the CIty
must stnve to preserve that economIC VItalIty; and
\VHEREAS, a major component of the CIty'S present economIC vigor IS Its merchant
commumty; and
~\VHEREAS, uncontrolled street vendmg would threaten the public welfare by
permIttmg unfmr cOmpetItIOn to merchants who pay substantial rents and by erodmg the
CIty'S tax base; and
\VHEREAS, retml outlets on the Promenade and m the downtown dIstnct mclude a
large number of stores whIch sell books, pamtmgs, pnnts, compact dISCS, tapes, and other
commUnIcatIve matenals, and
WHEREAS, the CIty has receIVed many complamts aboutthe number of persons who
come to the CIty'S pedestnan-onented commerCIal dIStnCtS for the purpose of sellIng goods
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and serVIces m pubhc space, spread out paraphernaha and wares, and monopohze large areas
of pubhc space for prolonged penods of tImes, and
\VHEREAS, current law permIts IndIVIduals to engage In "donative vendmg" oftheu
work which means that they may gIve away theIr art or goods or servIces and accept
donatIons m amounts solely of the donor's choosmg; and
\VHEREAS, many IndlVlduals purportedly offering goods for donatIOn VIOlate the law
by selhng theIr work or goods for a set or negotIated pnce, and
\VHEREAS, the donatIve vendmg prOVISIOns have proven to be extremely dIfficult,
If not ImpossIble, to enforce and, as a result, street vendmg has prohferated on the
Promenade and PIer and has degraded the safety and appearance of those spaces and created
unfaIr cOmpetltIOn WIth local merchants, and
\VHEREAS, other proVISIOns govemmg the use of pubhc space by performers and
vendors and others, includmg laws governing use of tables and paraphernalia on pubhc
thoroughfares, are chfficult to obey and to admImster because they are confusmg m that,
among other dungs, dIfferent requIrements apply at dIfferent tImes and standards are not
umform; and
\VHEREAS, the CIty finds that the reasonable regulatIOn of the use of eqUIpment and
paraphernaha and of the sale of merchandIse on the CIty'S pubhc streets, SIdewalks, and
other pubhc places IS a matter of compelhng mterest to the CIty for the reasons descnbed
above, and
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\VHEREAS, while the CIty acknowledges that street performance and the vendmg of
merchandIse whIch constItutes or contams a polItIcal, religious, phIlosophical, or Ideological
message is protected by the Fust Amendment, the CIty must set restnctions upon the tIme,
place and manner of the exerCIse of these actIvIties to secure and promote the publIc health,
safety, aesthetIc values, and general welfare of persons m the CIty of Santa MOllica m their
use of the pubhc nghts-of-way and other pubhc spaces; and
\VHEREAS, m the past, the City has expended substantIal public tIme and resources
craftmg and revlsmg Its regulatIOns governmg street performance and street vending only to
revIse them to meet changmg condItIons and demands; and
\VHEREAS, on thIS occaSIOn, the CIty has opted to utIhze an extensIve pubhc process
mvolvmg a senes of meetings mcludmg performers, safety personnel, vendors, merchants,
elected officials and others who worked to form a consensus as to a regulatory system, and
\VHEREAS, the proVISIons of thIs ordmance reflect most aspects of that consensus;
and
WHEREAS, the provlslOns of thIS ordmance will effectuate the CIty'S declared
pohcles of supportmg mdIvIdual artIsts, mamtammg pubhc safety, reducmg unfau
competItIOn and protectIng the appearance and appeal of the CIty'S most valued pubhc
spaces,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS'
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SECTION 1 Santa MOnIca MUnICIpal Code SecTIon 6 36.020 is hereby amended to
read as follows:
6.36.020 Definitions.
For purposes of thIS Chapter, the followmg words or phrases shall have
the followmg meanIngs:
(a) Food or Food Products. Any type of edIble substance or
beverage
(b) Goods or Merchandise. Any Items that are not a food product.
( c) Vend or Vending. To sell, offer for sale, expose for sale, SOhClt
offers to purchase, or to barter food, goods, merchandIse, or servIces In any
pubhc 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 To
reqUIre someone to pay a fee or to set, negotiate, or estabhsh a fee before
provIding goods or servIces constItutes vendmg. Requests for donaTIons In
exchange for merchandIse also constItute vendmg
( d) Vendor. A person who vends ThIS Includes a vendor who IS an
employee or agent of another. A person engaged in the bUSIness of SOliCITIng,
canvassmg, or talang orders subject to the regulatIOns In Chapter 6.24 IS not
a "vendor"
(e) Pushcart. Any nonmotonzed mobIle deVIce used III the sale,
barter, or offer for sale of food products, goods, merchandIse, or servIces.
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(f) Vehicle. Any motorized devIce used III the sale, barter, or offer
for sale of food products, goods, merchandIse, or servIces.
SECTION 2. SectlOn 636030 of the Santa Momca Mumcipal Code IS amended to
read as follows
6.36,030 Exemptions.
The provIslOns of tills Chapter shall not apply to:
(a) Any approved particIpant many farmerts market.
(b) Any approved partIcipant in any cultural arts and crafts show
(pursuant to Chapter 6 44)
(c) Any vendor operatmg pursuant to or under the authonty of an
approved hcense agreement on the PIer
(d) Any vendor operatmg pursuant to or under the authority of an
approved hcense agreement on the pedestnan mall estabhshed pursuant to
SectlOn 3.36.150 of thIS Code
(e) Any vendor operatmg pursuant to Section 3.36 180 of thIS Code.
(f) Any approved partIcIpant m any special event authonzed by the
City
(g) AnymwvIdual vendmgnewspapers, leaflets, pamphlets, bumper
stIckers or buttons.
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(h) Any mdlvldual or organIzatIon that vends the followmg Items
whIch have been created, \\TItten, composed or othern-'1se produced by the
vendor books, cassette tapes, compact dISCS, pamtings, photographs or any
other Item that IS inherently commUnIcatIve and has nommal utIlIty apart from
Its commUnICatIOn.
SECTION 3 Santa MOnIca MunicIpal Code SectIOn 6.36.140 IS hereby added to
read as follows:
6.36.140. Penalties.
Any person vIOlatmg thIS Chapter shall be guIlty of an mfractIOn, whIch
shall be pUnIshable by a fine not exceedmg two hundred fifty dollars per
vIOlatIOn.
SECTION 4. Santa MOnIca MUnIcIpal Code SectIon 6.112.020 IS amended to read
as follows:
6.112.020 Definitions.
For purposes of thIS Chapter, the followmg words or phrases shall have
the followmg meamngs.
(a) Charge. To reqUIre someone to pay a fee or to set, negotIate or
establIsh a fee for a performance Seekmg voluntary contrIbutIons through
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passmg around a hat, leavmg open an mstrument case or other receptacle, or
soltcitmg donatIons after a performance is not a charge
(b) Performer. An mdlvldual or group who performs m a pubhc area,
for the purpose of provldmg pubhc entertamment
(c) Perform. To engage m a performance mcludmg, but not hmlted to,
the followmg actIvltles playmg mUSIC, smgmg, dancmg, acting, pantomlmmg,
puppeteenng, jugglmg, recltmg, or creatIng tangIble art objects. "Perform"
shall not mclude the prOVISIOn of personal servIces such as half weavmg or
massage.
(d) Public Areas SIdewalks, parkways, playgrounds and all other
publtc spaces located m the City
(e) The Pier. The Santa Momca PIer, conslstmg of both the Newcomb
Pier and the Mumclpal Pier, protrudmg from the Santa Momca State Beach at
the southwesterly termmus of Colorado Avenue, and extendmg for
approximately two thousand one hundred thIrty- five feet into the Santa Monica
Bay
(f) Tangible Art Object. The term "tangIble art object" mc1udes, but
is not hmited to, pamtIngs, drawmgs, henna tatoos, photographs, and
sculptures.
(g) Third Street Promenade. Third Street between the southeasterly
hne ofW Ilshlfe Boulevard and the northwesterly hne of Anzona Avenue, and
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between the southeasterly lme of Anzona Avenue and the northwesterly hne
of Santa MOllIca Boulevard and between the southeasterly hne of Santa
MOllIca Boulevard and the northwesterly hne of Broadway
SECTION 5. Santa MOllica MUllIclpal Code SectIOn 6.112030 IS amended to read
as follows
6.112.030 Rules and regulations.
(a) Subject also to SectIOn 6.112050 and SectIOn 6.112060, no
performer may perform
(1) \V Ithm ten feet of any bus stop
(2) Wlthm ten feet of any street comer or a marked pedestnan crosswalk.
(3) \Vlthm ten feet of the outer edge of any entrance of any busmess,
lllc1udmg, but not lImited to, doors, vestIbules; dnveways; outdoor dimng area
entnes, and emergency eXIts, dunng the hours that any busmess on the
premIses IS open to the publIc or to persons havlllg or conductmg lawful
busllless \Vlthm those premIses
(b) No person may perform on the Thud Street Promenade, the Pier or
any publIc sidewalk wIthout first obtammg a performance permIt Issued by the
CIty pursuant to SectIon 6.112040.
(c) A performer may not block or obstruct the free movement of
pedestnans. If a sufficIent crowd gathers to observe a performer such that the
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passage of the publIc through a publIc area IS blocked, a polIce officer or fire
officIal may dIsperse that portIon of the crowd that IS blockmg the passage of
the public If a performer cannot conduct a performance m a locatIon wIthout
blockmg the passage of the publIc, a pollee officer or fire officIal may cause
the performer to leave the 10catlOn, but shall not prevent the performer from
occupymg another 10catlOn m complIance WIth thIS Chapter.
(d) A performer who performs for a charge shall obtam a busmess
lIcense and be subject to all applIcable prOVISIOns of Chapter 6.36. A
performer who performs wIthout charge shall not be required to obtam a
vendor permIt pursuant to Chapter 6.36 or a busmess lIcense pursuant to
Chapter 604.
( e ) No performer shall construct, erect, or mamtam any stage, platform,
or SImIlar structure for use dunng any performance
(f) No performer shall use any knife, sword, torch, flame, axe, saw, or
other object that can cause senous bodIly mjury to any person, or engage III
any aCtIVIty, mcludmg but not lImIted to, acrobatlcs, tumblIng, or umcyclIng,
that can cause senous bodIly mJury to any person.
(g) No performer shall use any generator, wet cell battery, or other
power source that poses a fire or publIc safety hazard No performer shall
connect or mamtam an electncal cord to an adjacent bmldmg or to a CIty
power source
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(h) No performer may htter hIS or her performance SIte
(1) No performer shall utihze or prevent the public from utlhzmg any
pubhc benches, waste receptacles, or other street furnIture dunng the
performance.
CJ) 1\0 mmor under the age of SIxteen can perform unless the mmor has
obtamed an Entertamment Work Peront Issued by the Department ofIndustnal
RelatIOns of the State of CalifornIa and mamtams the permIt In his/her
posseSSIon at the hme of the performance.
(k) No performer shall place any object on a publIc SIdewalk which
causes less than a four foot contIguous SIdewalk WIdth bemg kept clear for
pedestnan passage.
(1) Ko performer shall perform on any publIc SIdewalk WIth more
mstruments, props, eqUIpment, merchandIse, or other Items than the performer
can reasonably transport or remove at one tIme.
(m) No performer shall perform 1ll contraventIOn of the allowable nOlse
levels establIshed by Chapter 4.12 and Chapter 6.116 of thIS Code.
(n) Ko performer shall block or obstruct a curb cut.
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SECTION 6. Santa Momca MUnIcIpal Code SectIOn 6 112.040 IS amended to read
as follows:
6.112.040 Performance permit.
(a) To receIve a performance permIt, a person must complete and file
wIth the CIty a performance permIt applIcatIon on a form approved by the
CIty. The apphcant( s) must provIde the followmg mformatlOn:
(1) The names of all mdlvlduals performmg under the permIt
(2) The addresses of all mdIvlduals perfornllng under the permIt.
(3) Proof of the IdentIty of the performer(s). Acceptable proof of
IdentIty shall mclude, but not be hmlted to, a dnverts lIcense, SOCIal secunty
card, student IdentIficatIon card, or passport.
(4) A detaIled descnptIOn of the nature of the act to be performed.
(5) A descnptIOn of any mstrument( s) or prop( s) whIch WIll be used by
the performer( s)
(6) If a group IS performmg under the permIt, a desIgn"ation of the
mdlVldual, and alternate, who WIll be responsIble for comphance with the
prOVISIOns of thIS Chapter and who WIll be present when the group IS
performmg
(7) A mmor under the age of sIxteen shall proVIde a copy of an
entertamment work permIt Issued to the mmor by the Department ofIndustrial
RelatIons of the State of CahfornIa.
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(b) The performance permit will be Issued annually commencmg on
January 1st of each calendar year.
(c) Upon receipt of a wntten apphcatIOn for a performance permit, a
performance permit shall be approved wlthm three busmess days of the fihng
ofa fully completed apphcatlon, unless one of the followmg findmgs IS made:
(1) The apphcant has knowmgly made a false, mlsleadmg, or fraudulent
statement of fact to the City m the apphcatlon process.
(2) The applIcatIOn does not contain the mformatlOn reqUIred by this
Chapter.
(3) The applIcant has not satIsfied the reqmrements of this Chapter.
(d) In additIOn to reqmnng comphance with all provISIons of thiS
Chapter, the City may conditIon the approval of a performance permIt on the
apphcant's comphance with other proVISIOns of the City'S MUlllclpal Code
whIch are applIcable to the performance.
(e) The City may revoke or suspend a performance permit upon the
commISSIOn of the second VIOlatIon of thIS Chapter or of permIt conditions
wlthm a six month penod. In any such case, the permIt holder shall have the
nght to appeal from a decisIon of the City to revoke or suspend any permit in
accordance wIth Chapter 6.16 of thIS Code. If the performance permIt of any
performer IS revoked, another such permIt shall not be granted to such person
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wlthm SIX months after the date of such revocatIon. The CIty shall establIsh
admIll1strattve guidelInes to assIst m the lmplementatton of thIs SectIon
(f) No applIcatton for a performance permIt or the renewal thereof shall
be accepted unless the apphcatlon IS accompamed by a payment of a non-
refundable annual fee III an amount to be set by resolutton adopted by the CIty
CouncIl
(g) The performance permIt shall not be assignable or transferable and
shall contam the permIt number of the apphcant and the year m which the
permIt expires
(h) A replacement performance permIt may be obtamed upon payment
of a non-refundable fee III an amount to be set by resolutIon adopted by the
CIty COunCIl.
(1) A performer shall cl early dIsplay hIS or her permIt whIl e performmg,
and shall allow Illspection of the permIt by any CIty pohce or ftre offtcial on
request.
(J) The City CounCIl may by resolutIOn adjust the nOIse hmltations
estabhshed III thIS Chapter dunng pubhc holidays
(k) Upon ISSUIng a permIt, the CIty shall also gIve the performer a
document whIch summanzes the rules and regulattons concernmg street
performances III the CIty. ThIS document may be, but IS not reqUIred to be, a
copy of tills Chapter
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SECTION 7. Santa MOnIca MUnIcipal Code SectIOn 6.112.050 IS amended to read
as follows:
6.112.050 Special regulations for Third Street Promenade.
In addItIon to the reqUIrements of S ectl on 6 112.030 and 6.112.040, no
performer shall perform m the ThIrd Street Promenade outsIde of an enclosed
bUlldmg m vIOlatIOn of the follo\V'lng reqUIrements:
(a) Except as prOVIded m SubsectIOn (f) of thIs SectIOn, no performer
shall perform except dunng the followmg time penods.
(1) Kme a.m. to eleven p.m. dmly.
(2) Eleven p m on Fnday and Saturday to one-thIrty a.m. of the
followmg day.
(b) No performer shall perform WIthm sIxty feet of any specIal event
authonzed by the CIty unless the specIal event encompasses one or more CIty
blocks m whIch case the performance shall be conducted accordmg to any
admmlstratIve gUldelmes whIch shall be adopted by the CIty.
(c) No performer shall perform with more mstruments, props,
eqUIpment, merchandtse, or other Items than the performer can reasonably
transport or remove at one time
Cd) Performances shall be lImIted to deSIgnated performance zones, as
establIshed by resolutIon of the CIty CouncIl
(e) No performer shall
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(1) Perform in any specIfic location wIthIn a desIgnated performance
zone, or WIthlll one hundred twenty feet of that locatIOn as measured III a
north/south dIrectIOn, for more than two hours In any SIX hour penod. ThIS two
hour tIme lImIt, whIch shall commence on each even hour, lllcludes the time
reqUIred to set-up any Instruments, props, equipment, or other Items pnor to
the performance and to remove any and all mstruments, props, or other Items
after the performance.
(2) Perform \v'lthlll ten feet of a vendor operatmg pursuant to or under
the authonty of an approved lIcense agreement or wIthm forty feet of any other
vendor, performer, or person utIhzmg a portable table or cart for dIsplaymg or
dIstnbutmg merchandtse, goods, wnUen matenals, food, or other Items.
(f) The followmg formula establishes the speCIal performance hours
that apply dunng specIfied hohdays'
(1) lfthe holIday follows a weekend and the next day is a workday,
then the hohday shall be treated as if It were Sunday and the day preceding the
holIday shall be treated as If It were Saturday.
(2) lfthe holIday precedes a weekend, then the holIday shall be treated
as If It were Saturday and the precedmg day shall be treated as If it were
Fnday.
20
(3) If the holIday occurs dunng mIdweek, and is surrounded by
workdays, then the holIday shall be treated as If It were Sunday and the day
precedmg the holIday shall be treated as If It were Fnday
The followmgs IS a lIst of holIdays whIch trIgger the applIcatIOn of thIS
SubsectIon: New Year's Day, PresIdent's Day, Memonal Day, Independence
Day, Columbus Day, Labor Day, Veterans Day, Thanksglvmg Day, and
Chnstmas Day The CIty CouncIl may by resolutIon add to thIS lIst of
holidays
SECTION 8 Santa MOllIca MumcIpal Code SectIOn 6 112.060 IS amended to read
as follows
6.112.060 Special regulations for the Pier.
In addItIon to the reqUIrements ofSectlon 6.112.030 and 6.112 040, no
performer shall perform on the PIer outsIde of an enclosed bUIldmg In
VIOlatIOn of the followmg requirements:
(a) Performances shall be lImIted to deSIgnated performance zones, as
establIshed by resolutIon of the CIty CouncIl.
(b) Except as provided m SubsectIOn (f) of thIS SectIOn, no performer
shall perform except dunng the followmg tIme penods.
(1) EIght a.m to ten p m. Monday thru Thursday
(2) EIght a.m. to twelve a.m. (mIdnight) on Fnday.
21
(3) Nme a.m to twelve a.m (mIdnIght) on Saturday.
(4) Nme a.m to ten p.m. on Sunday
(c) No performer shall perform wIthm SIxty feet of any speCIal event
authonzed by the CIty.
(d) No performer shall perform wIth more Instruments, props,
eqUIpment, merchanchse, or other Items than that performer can reasonably
transport or remove at one tIme.
(e) No performer shall:
(1) Perform m any speCIfic locatIon wIthm a desIgnated performance
zone, or wIthm one hundred twenty feet of that locatIon for more than two
hours m any six hour penod. Tills two hour tIme hmIt, whICh shall commence
on each even hour, mcludes the tIme required to set-up any mstruments, props,
eqUIpment, or other Items pnor to the performance and to remove any and all
mstruments, props, or other Items after the performance.
(2) Perform wIthm thIrty- five feet of any other performer, vendor or any
other person utIhzmg a portable table or cart for displaymg or dIstnbutmg
merchandIse, goods, \vritten matenals, food, or other Items.
(f) The followmg formula establishes the speCIal performance hours
.that apply dunng speCIfied holidays.
22
(1) If the holIday follows a weekend and the next day IS a workday,
then the holIday shall be treated as If It were Sunday and the day precedmg the
hohday shall be treated as If It were Saturday
(2) If the hohday precedes a weekend, then the hohday shall be treated
as If It were Saturday and the precedmg day shall be treated as If It were
Fnday.
(3) If the hohday occurs dunng mIdweek, and IS surrounded by
workdays, then the hohday shall be treated as If It were Sunday and the day
precedmg the hohday shall be treated as If It were Fnday
The followmgs IS a lIst ofhohdays whIch tngger the applIcatIOn of thIS
SubsectIOn: New Year's Day, PresIdent's Day, Memonal Day, Independence
Day, Columbus Day, Labor Day, Veterans Day, Thanksglvmg Day, and
Chnstmas Day The CIty CouncIl may by resolutIOn add to thIS hst of
holIdays.
SECTION 9 Santa MOnIca MUnICIpal Code SectIon 6.112.070 IS amended to read
as follows
6.112.070 Penalties.
Any person vlOlatmg thIS Chapter shall be gUIlty of an infractron, WhICh
shall be pUnIshable by a fine not exceedmg two hundred fifty dollars per
vIOlatron.
23
SECTION 10. Santa MOllica MunIcIpal Code SectIOn 6.116010 is amended to read
as follows:
6.116.010. Use of a table or cart and other
paraphernalia on The
Promenade.
No person shall place any object or deVIce on the ThIrd Street
Promenade for dlsplaymg or wstnbutmg goods, ""ntten matenals,
merchandIse, food, or any other Items except a portable table or cart utIlIzed
m accordance WIth the followmg prOVISIons:
(a) The table or cart shall be located.
(1) In deSIgnated areas, as establIshed by resolutIon of the CIty COunCIl.
(2) At least ten feet from the outer edge of any entrance of any business,
mcludmg, but not hmIted to: doors, vestIbules, dnveways; outdoor dmmg
entnes; and emergency eXIts, dunng the hours that any business on the
premIses IS open to the public or to persons havmg or conductmg lawful
busmess on those premIses.
(3) At least ten feet from any bus stop.
(4) At least ten feet from any street comer or a marked pedestnan
crosswalk.
(5) So that at least a four foot contIguous SIdewalk WIdth IS kept clear
for pedestnan passage
24
(6) So that a curb cut IS not blocked or obstructed
(b) The table or cart shall not be larger than four (4) feet III wIdth by
eIght (8) feet III length by three (3) feet III heIght.
(c) No structures shall be attached to the table or cart No other
structure may be used to dIsplay the Items. The dIsplay area, mc1udmg the
table or cart, shall be mamtamed m a neat and presentable manner None of
the Items shall be dIsplayed m an area other than upon the table or cart,
IllcludIllg, but not lImIted to, III dIsplay racks on the sIdewalks or III the
hangmg of the Items from a bmldmg or fence or other structure. Any boxes
or accessory items shall be stored entirely beneath the table or cart and shall
not be stored or plIed alongsIde of, behmd, or III front of the table or cart The
Items may be stacked on the table or cart, provIded that each stack shall not
exceed the heIght of 12 mches. SIgnS maybe attached to the side of or on top
of the table or cart. No SIgns may extend hIgher than the top of the table or
cart and no SIgnS may be affixed to CIty facIlItIes. The SIte shall be kept clean
and all rubbIsh shall be depOSIted In proper receptacles regularly dunng the
day and pnor to departmg the SIte each day.
(d) No person shall utIhze sandWIch board SIgnS ("A" frames),
canopIes, free-standmg umbrellas, tents, and SImIlar covenngs unless such use
IS authonzed by a street use permIt. lIcense, or other CIty-issued authonzatlOn.
25
(e) The table, cart, and all other Items shall be capable of being
transported or removed at one tIme.
(f) Any person vendmg pursuant to SectIon 6 3 6.030(g) shall be lImIted
to two chairs The chaIrS may be placed behmd or next to (but not III front of)
the cart or table.
SECTION 11. Santa MOnIca MUnICIpal Code SectIon 6.116 040 IS amended to read
as follows:
6.116.040
Use of a table, cart, and other paraphernalia on the
Pier.
No person shall place any object or device on the PIer for dIsplaYIng or
dIstributmg goods, wntten matenals, merchandIse, food, or any other items
except a portable table or cart utIlIzed m accordance WIth the followmg
prOVISIOns
(a) The table or cart shall be located'
(1 ) In deSIgnated areas, as establIshed by resolutIon of the CIty
CouncIl
(2) At least ten feet from the outer edge of any entrance of any busmess,
mcludIng, but not limIted to doors; vestIbules, dnveways, outdoor dmIng area
entnes, and emergency eXIts, dunng the hours that any busmess on the
26
premIses IS open to the public or to persons havmg or conductmg lawful
busIness on those premIses.
(3) At least ten feet from any bus stop.
(4) At least ten feet from any street corner or a marked pedestnan
crosswalk.
(5) So that at least a four foot contIguous SIdewalk WIdth IS kept clear
for pedestnan passage
(6) So that a curb cut IS not blocked or obstructed.
(b) The table or cart shall not be larger than four (4) feet m WIdth by
eIght (8) feet in length by three (3) feet In heIght.
(c) No structures shall be attached to the table or cart. No other
structure may be used to dIsplay the Items. The dIsplay area, mcludmg the
table or cart, shall be mamtained In a neat and presentable manner. None of
the items shall be dIsplayed In an area other than upon the table or cart,
mcludmg, but not lImIted to, In dIsplay racks on the sidewalks or m the
hangmg of the Items from a bUIldmg or fence or other structure. Any boxes
or accessory Items shall be stored entIrely beneath the table or cart and shall
not be stored or pIled alongSIde of, behmd, or m front ofthe table or cart. The
Items may be stacked on the table or cart, provided that each stack shall not
exceed the heIght of 12 mches Signs may be attached to the SIde of or on top
of the table or cart No signs may extend hIgher than the top of the table or
27
cart and no sIgns may be affixed to CIty faCIlItIes The sIte shall be kept clean
and all rubbIsh shall be deposIted m proper receptacles regularly dunng the
day and pnor to departmg the sIte each day
(d) No person shall utIlIze sandWIch board SIgnS ("A" frames),
canopIes, free-standmg umbrellas, tents, and sImIlar covenngs unless such use
IS authonzed by a street use permIt, lIcense, or other City -Issued authonzatlOn.
(e) The table, cart, and all other Items shall be capable ofbemg
transported or removed at one tIme
(f)Anyperson vendmgpursuantto Section 6.36.030(g) shall be hmlted
to two chaIrS The chaIrS may be placed behllld or next to (but not In front of)
the cart or table
SECTION 12. Santa MOllica MUlllclpal Code SectIOn 6.116060 IS hereby added to
read as follows.
6.116.060 Special Regulations for Vendors On The Third Street
Promenade.
No person authonzed to vend pursuant to SectIon 6.36.030(g) and
636 030(h) may on the ThIrd Street Promenade or the PIer:
( a) Vend m any speCIfic locatIOn, or wlthm one hundred twenty feet of
that locatIOn as measured m a norfuisouth dIrectIOn, for more than a two hour
penod In any SIX hour penod ThIS two hour bme limIt, whIch shall
28
commence on each even hour, mcludes the time reqUIred to set up eqUIpment
and matenal for vendmg and to remove all such eqUIpment and matenals after
vendmg.
(b) Vend WIthm ten feet of a vendor operating pursuant to or under the
authonty of an approved hcense agreement or WIthm forty feet of any other
vendor, performer, or any other person utlhzmg a portable table or cart
chsplaymg or dIstnbutlng merchandIse, goods, wntten matenals, food, or other
Items.
( c) Vend those Items authonzed by SectlOn 6.36.030 (h) unless that
person 18 also performmg pursuant to Chapter 6.112, the Item vended is
representatIve of the work being created dunng the performance, and no more
than five such Items are dIsplayed on the table or cart at anyone tIme. All
other reqUIrements specIfied m SectlOn 6 116010 shall apply except that the
performer/vendor shall be limIted to UUhZlllg one (1) table or cart of a size not
larger than four (4) feet III WIdth by four (4) feet III length by three (3) feet m
heIght
29
SECTION 13. Santa Momca MumcIpal Code Section 6 116.070 IS hereby added to
read as follows:
6.116.070 Special Regulations for Vendors On The Pier.
No person authorized to vend pursuant to Section 6.36 030(g) and
636 030(h) may on the ThIrd Street Promenade or the PIer
(a ) Vend In any specIfic location, or wIthIn one hundred twenty feet of
that location for more than a two hour penod In any SIX hour penod. This two
hour tIme lImIt, whIch shall commence on each even hour, mc1udes the tIme
reqUIred to set up eqUIpment and matenal for vendIng and to remove all such
eqUIpment and matenals after vendIng
(b) Vend wlthm thIrty-five feet of any other vendor, performer, or any
other person utIlIzmg a table or cart for the purpose of dIsplaymg or
dIstnbutmg merchandIse, goods, wntten matenals, food, or other Items
( c) Vend those Items authonzed by SectIon 6.36 030 (h) unless that
person IS also perfonnmg pursuant to Chapter 6.112, the Item vended is
representative of the work bemg created dunng the performance, and no more
than five such Items are dIsplayed on the table or cart at anyone tIme All
other reqmrements specIfied III SectIOn 6 116.040 shall apply except that the
performer/vendor shall be lImIted to utIhzmg one (1) table or cart of a SIze not
larger than four (4) feet m WIdth by four (4) feet in length by three (3) feet III
heIght
30
SECTION 14. Santa Momca MumcIpal Code SectIon 6.116.080 IS hereby added to
read as follows:
6.116.080. Penalties.
Any person Vlolatmg thIS Chapter shall be guIlty of an mfractlOn, wlnch
shall be pumshable by a fine not exceedmg two hundred fifty dollars per
vIOlation.
SECTIOI\ 15 Santa MOllIca :yjumcIpal Code SectIOn 6 116 050 IS amended to read
as follows
6.116.050. City approved special events Exemptions.
The reqUIrements of thIS chapter, except for nOIse standards, shall not
apply to CIty approved specIal events WhICh have been revIewed by the PolIce
and FIfe Departments to ensure that all necessary publIc safety measures have
been Imposed as a condItIOn of approvmg the event and to any vendor
operatmg pursuant to or under the authonty of an approved lIcense agreement
SECTION 16 Santa MOllIca MUllIcIpal Code SectIOn 3.12.375 IS hereby amended
to read as follows.
3.12.375. Sidewalk obstruction.
No person shall place any device on a publIc SIdewalk for displaymg or
dIstrIbutmg goods, wntten matenals, merchandIse, food, or any other Item
31
except a portable table or cart which IS utIlIzed m accordance With the
followmg cntena
(a) The table or cart shall be located:
(1) At least ten feet from the outer edge of any entrance of any busmess,
Includmg, but not limIted to doors; vestIbules, dnveways; outdoor dInIng area
entnes, and emergency eXIts, dunng the hours that any busmess on the
premIses IS open to the publIc or to persons haVIng or conductmg lawful
bUSIness on those premIses
(2) At least ten feet from any bus stop.
(3) At least ten feet from any street comer or a marked pedestnan
crosswalk.
(4) So that at least a four foot contIguous SIdewalk WIdth IS kept clear
for pedestrIan passage
(5) So that a curb cut IS not blocked or obstructed.
(b) The table or cart shall not be larger than four (4) feet In WIdth by
four (4) feet m length by three (3) feet In heIght
(c) ).J"o structures shall be attached to the table or cart No other
structure may be used to display the Items. The dIsplay area, mcludmg the
table or cart, shall be mamtamed In a neat and presentable manner. None of
the Items shall be dIsplayed m an area other than upon the table or cart,
mcludmg, but not lImIted to, m dIsplay racks on the SIdewalks or In the
32
hangIng of the Items from a bUIldIng or fence or other structure. Any boxes
or accessory Items shall be stored entirely beneath the table or cart and shall
not be stored or PlIed alongsIde of, behmd, or In front of the table or cart The
Items may be stacked on the table or cart, provIded that each stack shall not
exceed the heIght of 12 Inches. SIgnS may be attached to the sIde of or on top
of the table or cart No SIgnS may extend hIgher than the top of the table or
cart and no sIgns may be affixed to CIty faCIlItIes The sIte shall be kept clean
and all rubbIsh shall be deposIted III proper receptacles regularly dunng the
day and pnor to departmg the sIte each day. Two chaIrs may be also be
utIlIzed. The chaIrs may be placed behInd or next to (but not in front of) the
table or cart
(d) No person shall utIlIze sand\\oich board sIgns ("A" frames),
canopies, free-standmg umbrellas, tents, and SImIlar covenngs unless such use
IS authonzed by a street use permIt, lIcense, or other CIty-Issued authonzatIon.
(e) The table, cart, and all other Items shall be capable of bemg
transported or removed at one time.
(f) ThIS SectIOn shall not apply to vendors regulated by Chapter 6.36
SECTION 17. Santa MOllIca MUnICIpal Code SectIOns 6.36.130 and 6.116.020 are
repealed
33
SECTION 18. ThIs ordInance IS declared to be an urgency measure adopted pursuant
to the provIsion ofSectlOn 615 of the Santa Momca CIty Charter. As set forth in the findmgs
above, thIS ordinance IS necessary forpreservmg the pubhc peace, health, safety, and welfare
As an urgency measure, thIS ordmance IS effective ImmedIately upon adoptlOn.
SECTION 19 Any proVlslOn of the Santa Momca MumcIpal Code or appendIces
thereto InCOnSIstent WIth the prOVISIons of tlus OrdInance, to the extent of such
mconsIstencies and no further, IS hereby repealed or modIfied to that extent necessary to
effect the proVISions of thiS OrdInance
SECTION 20 If any sectIOn, subsectIon, sentence, clause, or phrase of thIS Ordmance
IS for any reason held to be mvahd or unconstItutlOnal by a decIslOn of any court of
competent jurisdIctlOn, such declslOn shall not affect the validIty of the remammg portIons
of thIS Ordmance. The City CouncIl hereby declares that It would have passed thiS
Ordmance and each and every sectIOn, subsectIOn, sentence, clause, or phrase not declared
mvahd or unconstItutIOnal Without regard to whether any portIOn of the ordmance would be
subsequently declared InvalId or unconstItutIOnal.
34
SECTION 21. The Mayor shall SIgn and the CIty Clerk shall attest to the passage of
thIS Ordmance The CIty Clerk shall cause the same to be publIshed once III the official
newspaper wIthm 15 days after Its adoptIon. ThIS Ordmance shall become effectIve upon
Its adoptIon
APPROVED AS TO FORM.
/Jttl/I;ji<ih~J~
MARSHA~NESMOUTIDE
CIty Attonlfy
F 'A Tn~\MUNH t\ WS\BARRYSTREETVO WPD
35
Adopted and approved thIS 20m day of July. 1999
L
~1'l1l ca1L--~
- ~~ O'Connor, Mayor
----"
State of Cahforma )
County of Los Angeles ) S8
CIty of Santa Moruca )
I, Mana M Stewart. CIty Clerk of the CIty of Santa MOllIca, do hereby certIfy that the
foregomg Ordmance No 1949 (CCS) had Its mtroducl1on and adoptIon on July 20, 1999.
by the followmg vote
Ayes
Council members McKeown, Femstem, Bloom,
Rosenstem, Holbrook, Mayor Pro Tern Genser,
Mayor O'Connor
Noes
CouncIl members None
Abstam"
CouncIl members None
Absent
CouncIl members None
'- ATTEST ~
U'-Q..:'~ Lo ~
Mana M Stewart, CIty Clerk