O2221
f: \atty\mu n i\laws\mj m\sampl ing-12d. doc
City Council Meeting 3-13-07
Santa Monica, California
ORDINANCE NUMBER
2221
(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 6.36.110 TO THE SANTA MONICA MUNICIPAL
CODE RELATING TO SAMPLING ON THE PIER AND PROMENADE
WHEREAS, Santa Monica's Third Street Promenade and the Pier are popular
public spaces offering a variety of recreational and commercial opportunities for
residents and visitors; and
WHEREAS, because these spaces attract large crowds, many businesses seek
to conduct sampling activities there; and
WHEREAS, sampling activities yield economic benefits and enliven these
spaces; and
WHEREAS, unless regulated to protect the free flow of pedestrian traffic,
emergency ingress and egress, access to buildings, and aesthetics, sampling activities
may impact public safety and welfare; and
WHEREAS, requiring sampling permits, issued by the Bayside District
Corporation and Pier Restoration Corporation pursuant to their Services Agreements
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and in keeping with the terms of this Ordinance, will avert risk to public safety and
welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6.36.110 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 6.36.110. Sampling on the Pier and Third
Street Promenade.
No person may engage in the activity of distributing
samples of goods, wares, merchandise, products or services
on the Municipal Pier, Newcombe Pier or Third Street
Promenade without a permit or license from the Bayside
District Corporation or Pier Restoration Corporation issued in
accordance with the corporation's Services Agreement with
the City. Any such license or permit shall be conditioned so
as to ensure compliance with applicable laws and to protect
the free flow of pedestrian traffic, emergency ingress and
egress, the aesthetic qualities of these public spaces, and
public access to all businesses and services.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. 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 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 4. 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 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 13th day of March, 2007.
State of California )
County of Los Angeles) SS.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2221 (CCS) had its introduction February 27,2007, and was
adopted at the Santa Monica City Council meeting held on March 13, 2007, by the
following vote:
Ayes: Council members:
Genser, Holbrook, McKeown, Shriver
Mayor Pro Tem Katz, Mayor Bloom
Noes:
Council members:
None
Abstain: Council members:
None
Absent: Council members:
O'Connor
ATTEST:
~~ ~J:-
Maria M. Stewart, City Clerk