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City CouncIl Meeting 1-27-98
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Santa MOnica, California
TO Mayor and City Council
FROM CIty Attorney
SUBJECT Ordinance Amending Santa Momca MunIcipal Code Section 6 36 030
Relating to Street Vending
Introduction
At Its meeting of January 20, 1998, the City Council directed staff to prepare an ordinance
amending Santa Monica MUnicipal Code Section 6 36 030. governing street vending, to
establish that persons vending only pamphlets, leaflets, buttons, bumper stickers,
newspapers or books shall be exempt from the prohIbItion against street vending The
accompanYing ordinance fulfills that direction and IS presented to the City Council for Its
conSideration
Recommendation
It IS respectfully recommended that the accompanYing ordinance be Introduced for first
reading
PREPARED BY
Marsha Jones Moutne, City Attorney
Claudia Thompson, Legal Admin Staff Asst
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City Council Meeting 1-27-98
Santa Monica, California
ORDINANCE NUMBER
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 636030 RELATING
TO STREET VENDING
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 Santa Monica MunIcipal Code Section 6 36 030 IS amended to read
as follows
6.36.030 Exemptions.
The prOVIsions of this Chapter shall not apply to
(a) Any approved participant In any farmer's market
(b) Any approved participant In any cultural arts and crafts show
(pursuant to Section 6 40 060)
(c) Any vendor operating pursuant to or under the authonty of an
approved license agreement on the Pier
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(d) Any vendor operatIng pursuant to or under the authority of an
approved license agreement on the pedestnan mall established pursuant to
Section 3 36 150 of this Code
(e) Any vendor operating pursuant to Section 336180 of this
Code
(f) Any IndiVIdual who dlstnbutes food, goods, wntten matenals,
or merchandise In any public area to any member of the public without
charge Such IndiVidual must at all times vIsibly display a sign, to be Issued
by the City at no cost, which states In substance that the Items are available
on a donation baSIS only If an individual displays or dlstnbutes food, to the
extent applicable, a Los Angeles County Department of Health permit shall
be obtained and maintained In the Individual's possession certifYing that he
or she complies with all State and Federal laws regarding food product
dlstnbutlon
!.9l Any Individual vending newspapers, leaflets, pamphlets,
bumoer stickers. books or buttons
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
Inconsistencies and no further, IS hereby repealed or modified to that extent necessary to
effect the provIsions of this Ordinance
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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
~(j.:5tl~ !kaake;
MARSHA JON9'SMOUTRIE
City Attorney
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