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SR-8-C (30) 8C f \atty\munl\strpts\mJm\stvend sr City CouncIl Meeting 1-27-98 F:::S 1 0 ~:3 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 8C FEB 1 0 19:3 f \atty\munI\laws\mJm\stvend 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 1 (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 2 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 3