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SR-8-A (149) 'aA f \atty\munl\strpts\mjm\stvend2 City Council Meeting 7-13-99 JUL 2 0 Santa MOnica, California TO Mayor and City Council FROM City Attorney SUBJECT Proposed Amendments To Ordinances Governing Street Performance, Street Vending, And The Use of Tables Or Carts On Public Sidewalks INTRODUCTION At the Council meeting of May 11, 1999, Bayslde Dlstnct staff reported to Council on the recommendations of the group of stakeholders which has been workmg on proposals for further reVISions to the City's laws governing street performance and street vendmg After receiving that report, the City Council directed staff to prepare amendments incorporating as many of the group's suggestions as pOSSible. The attached proposed ordinance responds to that direction BACKGROUND For the last ten years, street performers have contributed slgmflcantly to the Vibrancy and success of the Third Street Promenade and, more recently, the Santa MOnica Pier. Durmg that time, the CIty has worked to create and refine a regulatory system for performance and vending which recognizes performers' contribution and their rights of expression I but which also protects publiC safety In these crowded spaces and otherwise ensures the welfare of the community 1 I it ! L 2 0 lq99 eA Since the 1980's, the City's performance and vending laws have been revised many times to reflect dramatic Increases In crowd sizes on the Promenade and Pier, changes In the actlVltles undertaken In these public spaces, burgeomng numbers of street performers and vendors, and the experience of public safety personnel and others In each Instance, revIsing the laws has been a difficult process which Involved the delicate balanCing of sharply competing Interests These Interests Include keeping the City's streets and other public spaces safe for everyone, protecting the rights of performers and certain vendors to exercise rights of expreSSion, malntalmng the aesthetiC standards which ensure that the City Will remain a pleasant place to live and VISit, and protecting the merchant community against unfair competition The difficulty of striking a Viable balance between these mterests IS exacerbated by changes in First Amendment case law In recent years, more and more Cities have adopted laws governing street performance and a plethora of reported court deCISions have Issued interpreting and remterpretlng the First Amendment In thiS and related contexts Fortunately, the general legal standard has remained the same: street performance and the vending of communicative materials constttute protected speech which may be regulated as to time, place and manner so long as the city legislates to advance a substantial governmental mterest In a manner which selVes that mterest and leaves open adequate alternatIve avenues of communicatIon The CIty'S Interests -- preserving public health and safety, mamtalnlng aesthetiCS, and limiting unfair competition -- are recognized as "substantial" by the Ninth Circuit Court of Appeals, the federal appellate court With California JUrisdiction, and the amendments proposed In recent years 2 by City staff have been written to advance these Interests and to satisfy the applicable legal standard However, spirited debate continues as to the exact meaning of this legal standard and as to the best way to balance competing Interests In regulating street performance and street vending Moreover, attempting to strike this balance has been made even more challenging since performers do not sImply seek to perform, and pOSSibly receive donations In return for their performance, performers also wish to sell those Items that they create or produce The present effort to redraft the performance and vending laws to meet changing circumstances began almost two years ago when staff from various City Departments, including Police, Fire, Resource Management, and Planning, and staff from the City Attorney's Office. began meeting to assess a variety of complaints and concerns Safety personnel noted both that the number of performers and vendors had Increased dramatically and that many vendors were spreadmg their wares out over larger areas, uSing tables, boxes, sIgns, rugs and blankets which created hazards to pedestrians and which could Impede emergency services They also noted that canopies and umbrellas were being erected and that they created safety hazards by blocking both sight lines and the right of way Resource Management personnel noted they had received complaints that this proliferation of equipment and paraphernalia was cluttenng the Promenade and Pier, makmg them Jook like flea markets, and dIscouraging members of the pubJJc from shopping In retail outlets on the Promenade Resource Management personnel also explained that a City program which affords performers and other "Free Speech Vendors" the opportUnity to utIlize free space on the City's carts was langUishing because the 3 performers and vendors did not want to utIlize the carts Police personnel reported a number of problems, including that the eXisting laws were unduly complex and that the prohibition against all vending except "donative vending" was extremely difficult to enforce because of the substantial enforcement effort needed to prove that someone was, In fact, setting or negotiating a price rather than Simply accepting whatever amount a member of the public chose to give In January of this year, the staff working group recommended various amendments to the City Council The most Significant were eliminating donative vending and limiting the vending of commUnicative objects by members of the public to deSignated locations which would be assigned by lottery Staff believed that thiS proposal would maXimize the orderly flow of pedestrian traffic In the City'S most crowded spaces, preserve aesthetiCS, establish an orderly and enforceable system of regulation and comply With constitutional requirements At the public hearing In January, performers who sell, or Wish to sell their work on the Promenade and Pier strenuously opposed the concept of limiting vending to assigned spaces They urged that such a system would effectively deny them the opportumty to offer their art to the publiC and would drive them from the City They requested the opportunIty to work together WIth other stakeholders, including safety personnel and merchants, on a proposal for an alternative regulatory system 4 As reported to the Council on May 15, 1999, representatives of performers and vendors have been meeting wIth safety personnel, other City staff, and representatives of the merchant community for several months The group has reached consensus on various Issues and formulated majority recommendations on others Their proposal includes the following key points (1) all violatIons should be Infractions, (2) umbrellas and canopies should be prohibited or strictly limited, (3) mOnitors who are not police personnel should be used to remind performers and vendors of their obligations and Informally mediate disputes, (4) the concept of "donative vending" should be eliminated from the law, but performers and "heartland vendors" should be allowed to engage In a limited and specified range of Free Speech vending, (5) paraphernalia should be limited, (6) rotation of both performers and heartland vendors should be reqUired every two hours on even hours, (7) spacing reqUirements should eXist for both performers and heartland vendors but should be changed, and (8) extended performance hours should be authOrized for holidays and all weekdays DISCUSSION The attached proposed emergency ordinance Incorporates most of the working group's recommendations Bnefly and by category, the proposed changes are as follows 5 1. Umbrellas, canopies and tents would be prohibited unless specifically authorized by the CIty There was no significant dispute on thiS pOint The proposed language would allow the City to authOrize such coverings In specified circumstances such as for specIal events Otherwise, they would be prohibited 2 All ViolatIons would be downoraded to Infractions There was no SignIficant dispute on thiS po lOt Makmg this change would be consistent With the CouncIl's efforts over the last several years to convert a number of lesser Violations from misdemeanors to Infractions and thereby conserve prosecutorlal resources and court time 3 Performance hours would be lenathened on holldavs - . Present law prohibIts late night performance on all weekdays, including holidays The proposed ordinance would extend hours on holidays 4 The concept of "donative vending" would be wholly ellmmated. performers would be allowed to sell their art on the Promenade and PIer m cOnlunctlon With their performance and "heartland vendors" would also be allowed to sell Staff had recommended elIminating "donatIve vending" In January because, among other things, It had resulted In a proliferation of vendors, Impacted local merchants, and created significant enforcement problems The workmg group agreed that donative vendmg should be eliminated but went further Under their proposal, which IS reflected In the attached 6 ordInance, performers could sell their art In conjunctIon with performance but other vending (including vendIng by nonperformlng artists) would be prohibited on the Pier and the Promenade, except for "heartland vending" (the sale of newspapers, pamphlets, and the like) ThiS proposal has several advantages It would fulfill the CouncIl's polley of supporting Individual artIstic effort and the City's commitment to the free exchange of Ideas It would also eliminate or diminish the problems of safety, aesthetics and competition attendant upon the present proliferation of vendors because the number of performers who vend would be limited by spacing requirements and heartland vendors tend not to proliferate, presumably because of their limited sales Finally, the proposal would be easier to enforce than the present system On the other hand, the drawback to the proposal is that It may be challenged by a vendor who Wishes to sell expressive material on the Promenade or Pier without performing 5 Identical rotation reoUlrements would aoolv to oerformers and vendors . . Present law Imposes rotation requIrements upon performers dUring limited hours on the Promenade In order to protect traffic circulation and safety. The workIng group suggested that both performers and vendors be required to rotate 120 feet, north-south, every two hours on the even hours at all times because substantial crowds are no longer limited to fixed, defined penods The Promenade and the Pier draw a Significant number of people at varymg, and often unpredIctable, times of the day and week Rotation also ensures that particular performers or heartland vendors Will not monopolize particular spaces to the detriment of pUblic safety or other performers or vendors ThiS proposal has numerous advantages It IS Simple and Uniform and therefore easy to understand and enforce It 7 would allow all performers and vendors the opportunity to utilize the best spots It would tend to preserve safety and aesthetics by ensuring that vendors do not contmuously appropriate particular public space as though It were their own Also, It will reduce the likelihood of unfair competition by ensuring that a vendor who sells in competition with a local merchant does not Simply station him or herself in front of that merchant's store A disadvantage of this proposal IS that It may be subject to constitutional challenge 6 Spacing requirements would be changed Present law contains spacmg reqUirements only for performers on the Promenade and only dUring peak hours The working group suggested standardizing spacing requirements and making them applicable to both performers and vendors at all times The proposed ordinance Imposes a 40 foot spacing requirement at all times and has several advantages preservation of traffiC flow, preservation of aesthetiCS, and ease of administration However, the legal VIability of this requirement IS not clear 7 Table size limits would be chanaed Present law limIts the amount of paraphernalia which may be placed on the Promenade However, the present limits have not been adequate to forestall Impediments to pedestrian Circulation and clutter Also, they are somewhat confUSing The proposed ordinance would change and standardIze the restnctlons on tables or carts and displays. The workIng group suggested different limitations on table size for performers and heartland vendors Performers would be allowed to use one table measuring 4 x 4 feet Heartland vendors would be able to use one table measuring 4 x 8 feet The distinction IS based upon the 8 fact that performers utilize a variety of paraphernalia including speakers. instrument cases, props and eqUipment Also performers eXist In far greater numbers than heartland vendors, who tend not to proliferate because heartland vending IS not as lucrative as performance, partlcularfy performance coupled with Free Speech vending The proposed ordInance adopts the size restrictions recommended by the group, allows carts as well as tables, and Imposes display restnctlons which have been utilized and upheld In other Cities and are Intended to protect both safety and aesthetiCS by limIting clutter and standardizing displays 8. A momtorlna Drogram can be Implemented to assist With education and comDllance The working group strongly favored use of a momtor to faCilitate compliance With the regulations, and the Council has made provIsion for a mOnitor In ItS recently adopted budget The proposed ordinance Imposes no restrictions upon Informal efforts to achieve compliance through education. and the use of a mOnitor IS completely consistent With both present law and the proposed amendments Although, the proposed ordinance reflects most of the suggestions made by the working group and addresses most of their needs, the CounCIl should be aware that the working group's suggestIons were not unanimous and the proposed ordinance does not encompass everything that all stakeholders wanted For example, there was a suggestion to Increase performance hours on weekdays and holidays. However, staff only proposes an extension on holidays to protect the quietude of reSidents liVing on or near the 9 Promenade and near the Pier Additionally, there was controversy within the group as to whether "heartland vendors" should be required to rotate every two hours along with performers The proposed ordinance reflects the maJonty position which was that both groups should rotate to maXimize safety and aesthetics by redUCing the likelihood that any particular performer or heartland vendor would monopolize a particular space and spread hiS or her paraphernalia out over It There was also a difference of opinion as to whether the present provIsion authorizing administrative revocation of performance permits should be retamed. Legal staff proposed ellmlnatmg the authorization because It is diffIcult to rmplement and admmlster in conformity wIth constitutional standards and because the use of a mOnitor may reduce the need for this type of remedy Members of the working group strongly opposed this posItion. and the authonzatlon was left In place. Finally, the working group wanted a smaller spacing reqUirement on the Pier Staff recommends against thiS because It would allow more crowding on the Pier than on the Promenade, even though the Pier IS a smaller space Whether all aspects of the proposal would Withstand a legal challenge IS uncertain because the scope of the City's power to regulate the time, place and manner of speech In order to control aesthetiCS and unfair competition IS uncertain However, staff believes that the extensive process utilized makes thiS proposal the Council's best option for a regulatory system whIch balances the competing needs and demands of those who VISIt or work on the Pier and the Promenade and those who must keep them safe and attractive 10 BUDGET AND FINANCIAL IMPACT The proposed ordinance, In Itself, does not have dIrect budgetary Impacts Implementation ofthe monitoring program will Involve expendItures, and the Council has made provIsion for the program In thiS year's budget RECOMMENDATION Staff recommends that the Council adopt the attached proposed emergency ordinance PREPARED BY. Marsha Jones Moutrie, City Attorney Barry Rosenbaum, Senior Land Use Attorney Patrick Brooks, Deputy City Attorney 11 ATTACHMENT f \any\mum\laws\barry\streetvO wpd Cny CouncIl MeetIng 7-13-99 Santa Monica, CalIfornIa ORDINANCE NUMBER (Cny CounCIl Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTERS 6 36~ 6 112.6 116 AND SECTION 3.12.375 OF THE SANTA MONICA MUNICIPAL CODE RELATI~G TO STREET PERFORMERS. VENDORS. AND PERSONS UTILIZING TABLES OR CARTS 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 MOllIca has worked for a decade to create and refine laws governmg street performance and street vendIng WhICh recogmze performers' and street vendors' value to the commulllty, respect constItutIOnal reqUIrements. protect the safety of reSIdents. workers, and viSItors In crowded publIc spaces. shIeld local businesses from unfaIr competItIon, and preserve the aesthetIc qualIty of the Cfty'S publIc spaces. and WHEREAS, the dIfficulty of stnkIng and maIntammg the best pOSSIble balance between these often competIng goals has been exacerbated by changmg conditions III the CIty'S downtown dIstrICt. changing actiVItIes undertaken by performers and vendors ,,,orkmg III pubhc spaces. and changes III JudIcIal mterpretatIOn of FIrst Amendment guarantees, and WHEREAS. III order to address the needs and concerns of the Citv's residents. , .. performers. VIsitors, merchants, street vendors. and publIc safety personnel. the City has undertaken major renSIOns to Its performance and vendIng laws on at least five separate occaSIOns SInce they were first adopted III 1989, and \\THEREAS, both the necessity and the dIfficulty of establishing. maIntaInmg and enforcIng a regulatory system for street performers and vendors workmg In the publIc spaces WIthIn the CIty IS exacerbated by certam of the CIty's definIng charactenstIcs, Includmg Its extreme densIty and appeal to VISItors: and \VHEREAS. the CIty consIsts of Just eIght square mIles of coastal land ,,,hlch are home to 90,000 residents, the Job SIte of 300.000 workers, and a destInatIOn for as many as 500.000 Vls1tors on weekends and holIdays, and WHEREAS. the Clty'S unusual densIty necessItates special efforts to preserve the free and safe flmv of both pedestnan and vehicular traffic. particularly In the City's bustlmg downtown bUSIness district, ItS most crowded sector, and WHEREAS. the greatest challenge In preservmg safe cIrculatIOn in the downtown dIstrIct eXIsts In and around the CIty'S most popular publIc spaces: the Third Street Promenade and the Santa MOllica Pier, and 2 WHEREAS, the ThIrd Street Promenade IS a three-block-long portion of a pubhc street ,,,,hlch the CIty has closed to all but emergency vehIcular traffic and improved with plants, statuary, fountams. and hghtmg to create an attractIve. entertamment-oriented pedestnan mall III order to reVItahze the do\vntown busmess dlstnct, and \VHEREAS, except for ItS heaVIly traveled cross streets and certam narrow alleyways. the Promenade IS walled in on both sIdes by two and three story structures: and WHEREAS. emeflzencv vehIcle access to the Promenade IS bv wav of a narrow __ .., "I .., smgle lane that runs dO\'TI the center of the Promenade or by \vay of the narrow but heavIly utIlized alleys behmd the bmldmes WhICh hne the Promenade~ and . ~ ~ \VHEREAS, for purposes of preservmg public safety III the event of an emergency, the CIty's FIre Marshal has evaluated the Promenade as an "outdoor enclosure" and has calculated the maxImum occupancy load as approximately 5000 persons per block, and WHEREAS. III recent years. the huge crowds attracted to the Promenade often exceed thIS load capaCIty. and climb as hIgh as 10,000 people per block on holIdays. weekends and other occaSIOns, and \VHEREAS, the Santa MOllIca PIer, hke the Promenade, attracts very large crowds whIch, once on the PIer, have severely restncted optIons for egress, and .... ,j WHEREAS. the precise time pen ods during whIch the Promenade and the PIer become qUite crmvded are dIfficult to predIct because of the large number of special events whIch occur III the CIty and regIOn and whIch often attract verv large numbers of r ~ ~ ~ VISItors to the PIer and Promenade on days and evenmgs other than weekends and holIdays, and WHEREAS. mamtamIng 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 crO\vds, narrow road\vays, lImIted mgress and egress, and fixed ImpedIments to cIrculatlOn. and WHEREAS. street performers and street vendors of commumcatlve materials make a sIgmficant contrIbutIOn to the ambIance of the CIty"S umque and stImulatmg publIc spaces. but performance and vending also pose hazards If left unregulated, and WHEREAS, unregulated street performance and street vendmg. partIcularly on the Pier and Promenade, create a safety hazard by Impedmg or blockmg the free flow of pedestrian traffic, by attractmg large stationery crowds which block passage. and by Impamng access for safety personnel: and \VHEREAS, unregulated street performance and street vendmg creates partIcular safety hazards for semors. the dIsabled, young chIldren. and others WIth lImned mobIlIty, and 4 WHEREAS, the uncontrolled placement of sound eqUlpment, tables and paraphernaha on pubhc streets and sIdewalks also dISrupts the orderly flow of pedestnan traffic and the proVISIOn of emergency servIces, and WHEREAS, the placement of blankets and other low-profile objects on pubhc sIdewalks creates partIcular hazards for pedestrIans, partIcularly in times 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 vehIcular traffic and ready access for emergency personnel to pubhc spaces, particularly the Promenade and the PIer, and WHEREAS. m order to preserve the quahty of resIdents' hves and protect the CIty's VISItor mdustry. whIch IS an essentIal component of the CIty'S economic vItality, the City must safeguard the visual appeal and chann of Its streets and pubhc spaces; and Wl-IEREAS, the Promenade and the PIer are frequented by the Clty"S resIdents and are also among the pnmary destmatIOns of the approXImately 2,350,000 visitors whIch flock to the CIty annually" and WHEREAS, the CIty has adopted a senes of comprehenSIve plans and development gUIdes whIch promote aesthetIc values CIty-WIde and particularly on the Promenade. the PIer and other publIc spaces. and 5 \\lHEREAS, through the adoptIOn of these plans and specIfic legIslation, the City has been desIgned as a place where people are encouraged and able to walk through a safe and attractIve street enVIronment and the CIty IS affirmatIvely seekmg to elImmate VIsual blIght on the pubhc nghts-of-way, and WHEREAS. a CIty survey has shown that Crty residents' faVOrIte and most frequent form of recreatIOn IS walking on pubhc thoroughfares and mother pubhc spaces. and WHEREAS, the CIty'S experience has shown that unregulated street vendmg degrades the appearance, as ,veIl as the safety. of CIty streets and pubhc 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, chmrs and paraphernalIa bemg used by vendors, and to a lesser extent by performers has, at tImes. caused the Promenade and PIer to look lIke flea markets, and this appearance IS detnmental to the greater publIc welfare. and \VHEREAS. the success of the Promenade has sparked a dramatic resurgence m the dmvntown busmess dIstnct; and, for the welfare of all CIty reSIdents and workers. the Crty must strIve to preserve that economIC vItalIty. and \VHEREAS, a major component of the CIty's present economIC VIgor IS Its merchant communIty. and 6 \Vl-IEREAS. uncontrolled street vendmg would threaten the public welfare by perrmttmg unfaIr competItIOn to merchants \vho pay substantial rents and by erodmg the CIty'S tax base. and VlHEREAS, retail outlets on the Promenade and m the downtm.vn dIstnct include a large number of stores \vhich sell books. pamtmgs, pnnts, musIC, and other communIcative matenals, and \VHEREAS. the CIty has receIved many complaints about the number of persons who come to the CIty'S pedestnan-onented commercial distncts for the purpose of selling goods and servIces m pubhc space. spread out paraphernaha and wares, and monopohze large areas of pubhc space for prolonged penods of tImes, and WHEREAS, current law permIts mdIvIduals to engage III "donatIve vendmgU of theIr \vork WhICh means that they may give a\vay theIr art or goods or services and accept donatIOns m amounts solely of the donor's choosmg. and WHEREAS, many mdlviduals purportedly offering goods for donatIOn VIOlate the law by selling their \vork or goods for a set or negotIated price: and WHEREAS. the donatIve vendmg proVISIOns have proven to be extremely difficult. If not ImpossIble, to enforce and, as a result. street vendmg has prolIferated on the Promenade and Pier and has degraded the safety and appearance of those spaces and created unfair cOmpetItIOn with local merchants, and 7 WHEREAS. other prOVISIons governmg the use of publIc space by performers and vendors and others. mcludIng laws governmg use of tables and paraphernalIa on publIc thoroughfares, are dIfficult to obey and to admimster because they are confusmg in that, among other thmgs, dIfferent reqUIrements apply at different tImes and standards are not umform. and WHEREAS, the CIty finds that the reasonable regulatIon of the use of eqUIpment and paraphernalIa and of the sale of merchandIse on the CIty'S publIc streets, sIdewalks. and other publIc places IS a matter of compellmg interest to the CIty for the reasons descnbed above, and WHEREAS, while the City acknowledges that street performance and the vendmg of merchandIse whIch constItutes or contams a pohtlcal, rehgious, philosophical, or IdeologIcal message IS protected by the FIrst Amendment, the CIty must set restrIctIOns upon the Hme. place and manner of the exerCIse of these actIvltles to secure and promote the publIc health, safety. aesthetIc values, and general welfare of persons III the City of Santa tvlomca m theIr use of the publIc nghts-of-way and other publIc spaces, and WHEREAS, m the past. the CIty has expended substantIal public tIme and resources craftIng and reVIsmg Its regulatIOns governmg street performance and street vendmg only to reVIse them to meet changmg condItIOns and demands; and \VHEREAS. on thIS occasIOn, the CIty has opted to utlhze an extensIve pubhc process mvolvmg a senes of meetmgs mcluding performers. safety personnel, vendors, 8 merchants, elected officials and others who worked to form a consensus as to a regulatory system; and WHEREAS, the proVisIOns of thIS ordmance reflect most aspects of that consensus. and WHEREAS, the proVIsIOns of thIs ordmance wIll effectuate the Clty"S declared policies of supportmg mdividual artIStS. maintammg pubhc safety, reducmg unfaIr competitIOn and protectmg 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 SECTION I Santa Momca MUnIcIpal Code SectIOn 636020 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 .... 9 (b) Goods or Merchandise. Any Items that are not a food product (c) Vend or Vending. To sell. offer for sale. expose for sale. SohCIt offers to purchase. or to barter food, or-goods, or-merchandIse...or serVIces many 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 provIdmg goods or services constitutes vendmg Requests for donations m exchange for merchandIse also constItute vendmg Accei-,tiilf!.. v-0liiillai-~' C0illiibuliOiiS a.fiei goods iLild sei-vices ai-e r ~. ~ _~ _~ _ _ _ _ --' _ --1 _ _ __ ~..... _ ~ _ __ ....J ~ __ _ PIUVlU\;U J~ HUL V\;llUlllb (d) Vendor. A person who vends ThIS mcludes a vendor who IS an employee or agent of anoth~r A person engaged m the busmess of sohcltmg. canvassmg. or takmg orders is-subject to the regulatIOns in Chapters 6 24 and G 32, iLild is not a "vendor It ( e) Pushcart. Any nonmotonzed mobile devIce used m the sale, barter, or offer for sale of food products, goods. or merchandIse. (f) Vehicle. Any motonzed devIce used III the sale, barter, or offer for sale of food products. goods. or merchandIse 10 SECTION 2 Section 636 030 of the Santa MOllIca MUlllcIpal Code IS amended to read as follmvs 6.36.030 Exemptions. The provlSlons of thIS Chapter shall not apply to (a) Any approved partIcIpant m any farmer's market (b) Any approved partIcIpant III any cultural arts and crafts show (pursuant to SectiOn Chapter 6 44..0 0691 (c) Any vendor operatmg pursuant to or under the authorIty of an approved lIcense agreement on the PIer (d) Any vendor operating pursuant to or under the authOrIty of an approved lIcense agreement on the pedestrIan mall establIshed pursuant to Section 3 36 150 of thIS Code (e) Any vendor operatmg pursuant to SectIOn 3 36 180 of thIS Code LO.. 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LV U!;; l:"l:"lUI;;U 1___.....1__ r_""----_ _..L ___ ___-l- ___1_._1_ _....._...__ ___ ___1__""-_.___ .....1__.........1__ ....._____ ____ ______l_Ll_ V) ll1l;; \..-ll)' a~ HU l..V:"!~. \'\"111\..11 ::.~aH;;::' UI ::'UU:,)~d11\...!;; UldL UIe> 1lI;;;IU::' (UI;;; aVdUdVll;; ___ _ ....l_~__.L.__._ 1_____ ___1__ T.E'___ ___..l_____'.__1 ...J____1____ ___ ...l__.4.___1___....__..1:'_ _..1 ...._ .....1__ Ull a uvuaLlUU va::'I::' VIU)". .11 dU UIUI VIUUdl UI::'}'IQ-};) VI UI,:)LllUULI:;:"! l.VVU. LV lUI:; 11 ___-1-_._4- _____1___1_'_ _ T __ A __ _ _1__ r-t_____..&...-_ T"""Ia_____~______"'__ _rTT__1....1_ ~______~... _1__11 \;;hLl;;llL appll....aU!\;;, a LV~ .M..ll~I;H;~ \...VUllL)' U\;;}HU Lll!\;;UL VI II\;;GlHll PI;I1111L ~llall b6 0bi:aii-l"::..-i ciiid iiiaiiiLaiii6d iiI the mdividual's i-,osseSSi0ii Ceitif~'iiiiZ thai: he r . ..... ___ _1_ _ _ ______1_ __ ____-"--1_ _11 C"-"--_-"--_ ___...1 y-"_ ...1__~_1 1_____ u_ _ _ ._...J~__ _ r_ _...:I __d_ ...:1___.... VI ;:Ill\;; I,..VlllPlll;::> \\'Hll all ..)Li:1LI; i:111U 1\;;U\;;1<11 HI\\'::> 1\;.5GlIUIlle IVVU PIVUUl.,;L ..:J _ _-"--___1___..._ _._ U!::>U!VUUVll (g) Any indIvIdual vendmg newspapers. leaflets. pamphlets. bumper stickers or buttons (h) Any mdIvIdual or organIzatlon that vends the follmvmg Items whIch have been created. wntten, composed or othenyise produced by the vendor" books. cassette tapes. compact discs, paintmgs, photographs or any other Item that is mherentl~\' commUnIcative and has nominal utihtv apart from its SECTION 3 Santa MOllIca 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 by a fine not exceedmg two hundred fifty dollars per violatIOn 12 SECTION 4 Santa MOnIca MUnIc1pal Code Section 6.112 020 1S amended to read as follows 6.112.020 Definitions. For purposes of thIS Chapter. the followmg ,yords or phrases shall have the folIowmg meanmgs (a) Charge. To reqUIre someone to pay a fee or to set. negotiate or establish a fee for a performance Seekmg voluntary contnbutIOns through passmg around a hac leavmg open an Instrument case or other receptacle, or sohcItmg donauons after a performance 15 not a charge. (b) Performer. An mdividual or group who performs in a public area, for the purpose of prov1dmg pubhc entertamment (c) Perform. To engage In a performance aitlStiC ~llct~avOfs, mcludIng. but not lImited to, the followmg aCUv1t1es playmg mUS1C, smgmg, dancmg. acting. pantomlmmg . puppeteermg, Jugglmg, reCItIng, or creatIng tangIble art objects "Perform" shall not mc1ude the piuctiiCtlOl1 uf ileiTiS [vi- sale vf fUi- a chaige, the proviSIOn of personal services such as half weavmg or massage Cd) Public Areas. SIdewalks. parkways. playgrounds and all other publIc spaces located In the City. 13 (e) The Pier. The Santa MomcaPier, consIstmg of both the Newcomb PIer and the MUnICIpal Pier, protrudmg from the Santa Monica State Beach at the south\vesterly ternunus of Colorado Avenue. and extendmg for approxImately two thousand one hundred thIrty-five feet mto the Santa MOnIca Bay (f) Tan~ible Art Object. The term '1angIble art object"' includes. but is not hruIted to. pamtmgs. drawmgs, henna tatoos, photographs. and sculptures (g}ffl Third Street Promenade. ThIrd Street between the southeasterly line of\VIlshIre Boulevard and the northwesterly hne of . .; Anzona A venue. and between the southeasterly hne of Anzona Avenue and the northwesterly hne of Santa MOllIca Boulevard and between the southeasterlv hne of Santa MOllIca Boulevard and the northwesterly lme of .; . Broadwav .; SECTION 5. Santa MOllIca MunIcipal 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 6.112.060. no performer may perform. 14 (1) WIthm ten feet of any bus stop (2) WIthm ten feet of any street corner or a marked pedestnan cross\valk (3) WIthm ten feet ofthe outer edge of any entrance of any business, includmg, but not lImited to, doors. vestIbules. drIveways. outdoor dming area entnes. and emergency eXIts, dunng the hours that any busmess on the premIses IS open to the publIc or to persons havmg or conductmg la\vful busmess \vIthm those premIses. (b) No person may perform on the ThIrd Street Promenade, the PIer or any publIc sIde\valk wIthout first obtammg a performance permIt Issued by the CIty pursuant to Sectlon 6 112040. (c) A performer may not block or obstruct the free movement of pedestrIans If a sufficIent crmvd gathers to observe a performer such that the passage of the public through a pubhc area is blocked. a police officer or fire offiCIal may dIsperse that portIOn ofthe cro\vd that IS blocking the passage of the publIc If a performer cannot conduct a performance m a location WIthout blockmg the passage of the publIc. a polIce officer or fire offiCial may cause the performer to leave the locatlon. but shall not prevent the performer from occupying another ]ocatJon m complIance \VIth 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 15 performer ,,,ho performs wIthout charge shall not be required to obtain a vendor permIt pursuant to Chapter 6 36 or a bUSIness lIcense pursuant to Chapter 6 04 (e) No performer shall construct. erect, or maIntam any stage. platform, or SImIlar structure for use dunng any performance (f) No performer shall use any kmfe. s\\'ord, torch, flame, axe, sm\', or other object that can cause senous bodily mJury to any person, or engage In any actIvIty. mcluding but not lImIted to. acrobatics. tumbling. or umcyclmg, that can cause senous bodily injury to any person (g) No performer shall use any generator, wet cell battery, or other pO\ver source that poses a fire or publIc safety hazard No performer shall connect or mamtam an electncal cord to an adjacent building or to a CIty po\ver source. (h) No performer may lItter hIS or her performance site w- No pei-fuiJ.llei" shall display t<iiigitle iliL utJ~C1:5 iiii.lc5s the aiL is ___-..1____-.1___11_Tl~___....1 _____--1____--1 __~ __-'-_ ___..1 ..l__....__...1__ ..:1___ _.J:'.Ll__ ____-c___________ lllun lUUClll)' llClllU-jJlUUU~~U Ull ;:)1Ll;;; CUIU UWlllg. un;:; uay Ul lll~ p~LIUIlllUll"l;;; wm No performer shall utIlIze or prevent the publIc from utIlIzmg any publIc benches, waste receptacles. or other street furnIture during the performance 16 w.fkJ No mmor under the age of sIxteen can perform unless the mIllor has obtained an EntertaInment \V ork Penmt Issued by the Department of Industnal RelatIOns of the State ofCahfomIa and maIntains the permIt In his/her possession at the time of the performance. (k)( I) No performer shall place any object on a pubhc sidewalk WhICh causes less than ~ four foot contiguous feet 0f tlie-sIdewalk WIdth lo--beI.I!Z- kept clear for pedestrian passage illlni) No performer shall perform on any pubhc SIdewalk with more instruments-,- or props~ lent. merchandIse. or other Items than the performer can reasonably transport or remove at one tIme. (m) No performer shall perform III contraventIOn of the allmvable nOIse levels establIshed by Chapter 4.12 and Chapter 6 116 of thIS Code SECTION 6 Santa MOnIca MUnICIpal Code SectIOn 6 112 040 is amended to read as [0110\'\'5. 6.112.040 Performanceej's permit. (a) To receIve a performance permIt, a person must complete and file "VIth the CIty a performance permit apphcatIOn on a form approved by the CIty The apphcant(s) must provide the follO\vmg IllformatlOll 17 (I) The names of all mdlvIduals performing under the permIt (2) The addresses of all mdIvIduals performing under the penmt (3) Proof of the Identlty of the performer(s). Acceptable proof of IdentIty shall mclude, but not be hmited to. a dnver's lIcense. SOCIal seeunty card, student IdentificatIOn card. or passport (4) A detaIled descnptlon of the nature of the act to be performed. (5) A descnptIOn of any instrument(s) or propes) ,,,hlch wIll be used by the performer( s ) (6) Ifa group IS performmg under the permIt. a deslgnatlon of the mdlvIdual. and alternate. who Will be responsIble for complIance WIth the prO'\'lsions of this Chapter and who wIll be present when the group IS performmg (7) A mmOf under the age of SIxteen shall provide a copy of an entertamment work permit Issued to the mmor by the Department of IndustrIal RelatIOns of the State of California (b) The performance permIt Will be Issued annually commencmg on January 1 st of each calendar year (c) Upon receipt of a wntten applIcatIon for a performance permIt, a performance permIt shall be approved wIthin three business days of the 18 fihng of a fully completed apphcatIOn. unless one of the followmg findmgs is made (1) The applIcant has knowmgly made a false. misleading, or fraudulent statement of fact to the Crty in the applIcation process (2) The applIcatIOn does not contam the mformation reqUIred by thIS Chapter (3) The applIcant has not satisfied the reqUIrements of thIS Chapter (d) In addltlon to requirmg complIance wIth all provIsIOns of thIS Chapter. the CIty may conditIOn the approval of any performance permit on the applIcant's compliance wIth other proVlslOns of the City's MunicIpal Code which are apphcable to the performance to ~ii~uie c0ii.ipliZti1C~ \-'V-illi thiS Cliapter (e) The CIty may revoke or suspend a performance permIt upon the commIsSIOn of the second vIOlatIon of thIS Chapter or of permit conditions Oi 0th~i i.;;quii~iii~iitS of thiS Chapt~i ~~\'ithin a SIX month period. In any such case, the permIt holder shall have the nght to appeal from a decIsIOn of the Cay to revoke or suspend any permIt In accordance \vah 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 wIthm six months 19 after the date of such revocatIOn The env shall may estabhsh admmIs- ....- . tratIve gUldelmes to aSSIst III the ImplementatIon of this Section (f) No apphcatIOn for a performance permIt or the renewal thereof shall be accepted unless the applIcation is accompanIed by a payment of a non-refundable annual fee m an amount to be set by resolutIon adopted by the CIty CouncIl (g) The performance permIt shall not be aSSIgnable or transferable and shall contam the permIt number of the applIcant and the year in whIch the permIt expIres (h) A replacement performance permit may be obtamed upon payment of a non-refundable fee m an amount to be set by resolution adopted by the Crty CouncIl (1) A performer shall clearly dIsplay hIS or her permIt whIle perform mg. and shall allow IllspectlOn of the permIt by any City police or fire officIal on request f_"\ n___J:"_________ _____ ...1___..__ ..._____Ll_ __....... _1____-&-_ ___..L___...1_..1.&._ 1__ UJ rCIIVllUCI~ l-HVUU....l11.l;:; Li:Illt;lLJU;; all VUJC\..L~ unc:uuc:u LV UC anuIabIe f0i diSi:nbutiUli to &il\'- lll~illbe:i of the: p--ubIle shall -v-Islbl-~' disl.Iav a p- .. r.. _~_~_ .._ 1__ ______-.1 ~_"'____ _1______ L__-,,--1__ r-...........~ ___1___1_ _",,-~.L__ ___ ___1__"'-_____ .....1__..... ~ll.:.u. LV VI,;; 1;';'UI;;;U aL UU \..11tlll::.... V,. LlIC '-lL V. VI- 111....11 ::lLaU;;' 111 ;'UV::llaIl\..1; UlaL -- --.. p" - .....1_ _ _....._____ __~~_ ____~1_1_1_ _ __ _ ..J _~_....._ _ __ 1_ _ _~_ _~_1__ LHI;;; lLCIU::l all;;; i:lValIi:lUH; UlI i:l UU11i:lUVll Va::ll::l V1I1Y 20 WOO The Crty Council may by resolution adjust the performance hOuiS iiild nOIse hmItations established m thIS Chapter dunng pubhc holidays illffl Upon issumg a permIt, the CIty shall also gIve the performer a document .whlch summanzes the rules and regulatIOns concernmg street performances in the CIty. ThIS document may be. but IS not reqUIred to be, a copy of thIS Chapter SECTION 7 Santa MOnIca MUnICIpal Code SectIon 6 112 050 15 amended to read as follows 6.112.050 Special regulations for Third Street Promenade In addItIOn to the reqUIrements of SeCtion 6 112 030 and 6.112 040. no performer shall perform m the ThIrd Street Promenade outside of an enclosed bUIldmg m VIOlatIOn of the following reqUIrements (a) Except as provided in Subsection (f) of this Section, no performer shall perform except dunng the foIlowmg tIme pen ods . (1) Nme a m to ten-thirty p ill dally (2) Ten-thnty p.m. on Fnday and Saturday to one-th111y a.m. of the followmg day 21 (b) No performer shall perform ,,,,ithm SIxty feet of any special event authonzed by the Crty unless the specIal event encompasses one or more Cny blocks (c) No performer shall perform with more mstruments,,-orprops,- eqmpment. merchandIse. or other Items than the performer can reasonably carry or remove at one tIme (d) Performances shall be lImIted to deSIgnated performance zones, as establIshed bv resolutIOn of the City CouncIl - - (e) As ~sUithsh.;:;d t,,,- Cil~' C0UiiCil {,;:;s01liti0il, dlliiilg the time ., p .....- ____u_.J_ ___1___~ _____1_1__1~ ___1_1__1__ _J!'LL_ 'T"1____..J C1.....____.....n.__________...l_ ____ _..L ~~_ pCUUU;:) HllCll allY U1U\-J\.. Vi U1V\,,1\.;:) U~ LllC: ~llllU 0UCC:L r lVlllC:llauc: aIC: aL VI _____ ____________.__ ________~_......l__...l ___ ________ ____....1____ ....1__~1~1~_1_J'_'_ ______ llc:aI JllaAl1llWll u,",\"upalJL Jvau, llU pCJ ;:)Vll ~"lUl1ll UJaL VJV\"J\..~;:)) 11Ja)' No performer shall (1) Perform m any speCIfic location WIthm a designated performance zone. or wIthm one hundred twentv feet ofthat locatIOn as measured In a north/south direction. for more than t\vo 0i16 hour~in an).' SIX trJ.i-e~ hour peflod ThIS two one- hour tIme hmIt, \VhlCh shall commence on each even hour. shall mcIude~ the tIme reqmred to set-up any Instruments. or-props,,- eqmpment. or other Items pnor to the performance and to remove any and all Instruments. or props. or other Items after the performance 22 (2) Perform ,vithin 5i;",:t} forty feet of any other performer or 'Y!thin forty thirty-fi ,;re feet of a vendor or any other person utIhzmg a portable table or cart. tl.iiik..;i:. Of siiiiil<ii- it..;iU for the pmpose of dlsplaymg or dIstnbutmg merchandise. goods. wntten matenals. or food. or other Items -- .. ....... ' .. (f) The followmg formula establIshes the special hours that apply during specified hohdays (1) If the holIday follows a weekend and the next day IS a workdav. then the holIday shall be treated as If it were Sunday and the day precedmg the hohdav shall be treated as If it were Saturday (2) If the holIday precedes a weekend. then the holIday shall be treated as If It were Saturday and the preceding: day shall be treated as if it ,vere F nday workdays, then the hohdav shall be treated as If It were Sunday and the day precedmg the holiday shall be treated as If!t were Saturday The followmg.s is a lIst of holIdays ,.vhICh tngger the apphcation of thIs SubsectIon Ne\y Year's Day. PresIdent's Day. Memorial Dav. - - Independence Dav. Columbus Da~'. Labor Day. Veterans Day, ThanksgIvmg Day. and Chnstmas Day The City CouncIl may by resolutIOn add to tIllS hst ofholidavs. ')... ....) SECTION 8 Santa MOllIca MUnIcIpal Code SectIon 6 112 060 IS amended to read as follmvs' 6.112.060 Special regulations for the Pier. In addItIOn to the requirements of SectIon 6 112 030 and 6.112040. no performer shall perform on the PIer outsIde of an enclosed buildmg m VIOlation of the followmg reqUIrements (a) Performances shall be lImned 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 foIIo,"ving tIme penods. (1) EIght a m to ten pm f\10nday thru Thursday (2) EIght a m to twelve a m (mIdmght) on Fnday (3) Nme a m to twelve a.m. (midnight) on Saturday. (4) Nme a.m to ten p ill on Sunday (c) No performer shall perform wIthm SIXty feet of any special event authOrIzed bv the CItv . - (d) No performer shall perform WIth more mstruments, or-props... eqUIpment, merchandIse. or other Items than that performer can reasonably carry or remove at one tIme 24 ( e) No performer shall (1) Perform m any specIfic locatIOn wlthm a designated performance hours m any SIX hour penod ThIs t\vo hour time hmlt. 'which shall on each even hour, mcludes the tIme required to set-up any mstruments. props. eqmpment, or other Items pnor to the performance and to remove any and all mstruments. props. or other Items after the performance (2) Perform wIthin forty feet of any other performer or within forty feet of a vendor or any other person ullhzmg a portable table or cart for dIsplaymg or distnbutmg merchandIse. goods, written matenals. food. or other Items (f) The followmg formula establIshes the specIal performance hours that applv dunng specified hohdays (1) If the hohday follows a \veekend and the next day is a \vorkdav. then the holiday shall be treated as if It "vere Sunday and the day precedmg the holidav shall be treated as if It were Saturday (2) If the holIday precedes a \veekend. then the holIday shall be treated as If It were Saturday and the precedmg day shall be treated as If It were Fndav. 25 (3) If the hohday occurs dunng: midweek, and IS surrounded by workdays. then the holiday shall be treated as ifit were Sundav and the da~' precedmg the hohday shall be treated as If It were Saturday The followmgs IS a hst 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. Thanksgwmg. Dav. and Chnstmas Day The CIty CounCIl may by resolutIOn add to thIS hst ofhohdavs SECTION 9. Santa Monica MUlllclpal Code SectIOn 6 112 070 is amended to read as follows' 6.112.070 Penalties. Any person VIOlating thIS Chapter shall be gUIlty of an infractlon, whIch shall be punishable by a fine not exceeding two hundred fifty dollars per VIOlatiOn In a.dditivii tv tri~ penaliies heieiil, ail)' Cviiditivii ca.us..:;d 0i ~______.-lI--4-_..1~_ _____--"- _ __._1_.....__._ _r-4-1___ L"__......____ _1__111__ ..J______..l _ ____1_1__ PC;llllJUC;U IV C;Al;:)L HI v IVlaLlVll UJc llll;:) ..)\;,I..UVll ;:)lUlll VC; UC;l;'lUI;U a 'pUVIU. iiuiSaiiC":; iiiid iiia} be. by this City. suiiimanly abat..:;d as such. and each day Such C0iiditivii C0ii"liiiu":;S sha.ll t,..:; [..:;gaided as a ii":;"v a.iid sepa[at..:; 0[[":;ii5":; 26 SECTION 10 Santa Momca MumcIpal Code SectIOn 6 116010 IS amended to read as follows. 6.116.010. Use of.!! tableS' and- or carts- and blankets other paraphernalia fvi display aiid ctisliitiiliuii vf ___ _ __ _ 1_ _ __ _l.! _ _ _ _ _ ...lI ~ ____ _.!.L.L ___ 1I1~1 \:'ll.UIUl~~, bUUU:), "' 11ll~1I Iiialt'ria:S and fuud on Promenade. No person shall place any object or device on the Third Street Promenade for dlsplaymg or dlstnbutmg goods, \Wltten matenals. merchandIse. food. or any other Items utilize an}' except a portable tables-or carts f0i- b1.iilkets. 0t 5iilli1at iiei115 f0i- the f/ul1i05e 0f di5playii-!g 0i- dl5t:nbulliig metchatnii5e. g0ods, \o'Titkn materia15, 0t food 011 the Third Street Pron!enade utIlIzed III accordance With the followmg provIsions: (a) The table or be located taJ (1) In Out5ide deSIgnated areas, as estabhshed by resolutIOn of the City CouncIL tbJ Iii a gieatei- ilUillbei- thaii emi rea50iiably be ticii15p0iled or reHluved at one tIme 27 feJill At least \Vnhjjj ten feet from the outer edge of any entrance of any busmess. mcIudmg, but not IImHed to doors. vestibules, drIveways. outdoor dmmg entnes. and emergency eXIts. dunng the hours that any busmess on the premIses IS open to the publIc or to persons havmg or conductmg lawful busmess on those premises. CdJill At least Withiii ten feet from of an:r bus stop. fe){fl At least Wlthm ten feet from of any street comer or a marked pedestnan crosswalk (5) Poslt1oned so that at least a four foot contIguous sIdewalk width IS kept clear for pedestnan passage (b) The table or cart shall not be larger than four (4) feet m width by eIght (8) feet m length by three (3) feet m heIght (c) No structures shall be attached to the table or cart No other structure may be used to dlsplav the Items The dIsplay area. includmg the table or cart. shall be maintamed 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, m dIsplay racks on the sidewalks or in the hangmg of the items from a bUJldmg: or fence or other structure Any boxes or accessory Hems shall be stored entIrely beneath the table or cart and shall not be stored or pIled alongsIde of, behmd, or In front of the table 28 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 ofthe table or cart No sIgns may extend higher 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 m 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 authorIzed by a street use permIt. lIcense, or other CIty-Issued authOrIZatIon (e) The table. cart. and all other Items shall be capable ofbemg transported or removed at one tIme A .JJ_-'-______11__ _____..J~___ ______01.- _______1__ ___....1_ --1-1__ ______________ _-t._ _.1:'..,.-..1____.i.._. n..UU1LIVllilllj', V\;UUVl:::> lllU~l \..VUIPl} WIllI lUI,J l~\.fUll~Ul\;;lll:> VI ~llapl\;l .r:..,L _~ ~__~_1___L1_ V J U, a~ appll\..ilUl\;; 29 SECTION 11 Santa MOllIca MunIcIpal Code SectIOn 6 116.040 IS amended to read as follows 6.116.040 Use of ~ tables, and- carts, iaiid thiilkil:~ and other paraphernalia fUi- disphiY itiid disl:i'ibiitiuii ....f ffi.:i-i:ctiaiidisi::, guuds, wi-ii:l:~ii iiiulhia:s iaiid fiiod-on the Pier. No person shall place an\' object or devIce on the PIer for dIsplavmg or distnbutmg goods, wntten matenals, merchandIse. food. or any other Items p~i-Svil ilIa)' viiI} utilize fillY except a portable tables- or carts, blailk~ts, ___ ...._____1___ .-4-_____ r_......l__ ___________ _.1:'.J____1_______ ___ ..j~_....___1___...L!__~ _~_____L~_~...:I~__ VI ~UlUIill ll~IU::! IVl UI~ jJUl jJV::!~ VI Ul~jJlay HIe; VI UI~ll1UUUUe; IU~II."UauuI::!I,,;;_ gvvGS, ",-Titteil illat~iiii.ls. vi f00d viI th~ ri~i utilized m accordance wIth the followmg provIsIons (a) The table or cart shall be located' (a)(l) In OiitSid~ designated areas. as establIshed by resolutIOn of the CIty CouncIl /1_\. T__ _ _____...__________1____~1____ _~__ _________1_1__1__ ______~_...1 _u ________T~..J \YJ 111 a l;;lcalCl UWllUCl luau "--aHICi:l~VUaUI} UC "--i:llUCU VI ICI11V\'CU at 0il03 tiiil~ tc1(2) At least Vhthm ten feet from the outer edge of any entrance of any busmess. mcludmg. but not lImIted to doors. vestIbules; dnveways. outdoor dmmg area entrIes. and emergency eXIts, durmg the hours 30 that any busmess on the premises IS open to the public or to persons having or conducting lawful busmess on those premises W(3) At least Vhthm ten feet from of any bus stop Will At least Vhthm ten feet from of any street corner or a marked pedestrIan crosswalk (5) PosItIoned so that at least a four foot contiguous sIdewalk width IS kept clear for pedestnan passage OU The table or cart shall not be larger than four (4) feet m width by eIght (8) feet 10 length by three (3) feet m heIght _ .. l- _ _ W 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 mamtamed m 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. m dIsplay racks on the sIdewalks or in the hangmg of the Items from a bmldmg or fence or other structure Any boxes or accessorv Items shall be stored entIrely beneath the table or cart - - and shall not be stored or plIed alongside of. behind. or m front of the table or cart The Items ma\' be stacked on the table or cart, provIded that each stack shall not exceed the heIght of 12 mches Sums may be anached to the - '-'- sIde of or on top of the table or cart No SIgns may extend higher than the 31 top of the table or cart and no sIgns may be affixed to Clty facihtIes 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 Cd) No person shall utIlIze sandwIch board SIgns ("An frames). canopIes. free-standmg umbrellas. tents, and SImIlar coYermgs unless such use 15 authOrIzed bv a street use permIt, lIcense. or other CI~' -Issued (e) The table. cart. and all other Items shall be capable of being transported or removed at one tIme Additi0iliilly, veitd0iS illuSt c0illply witll the r\;;quii'~illel1ts of Chapter 636, as applicable SECTION 12 Santa MOnIca MUnICIpal Code Section 6 116060 IS hereby added to read as follows 6.116.060 Special Regulations for Vendors On The Third Street Promenade and the Pier. No person authonzed to vend pursuant to SectIOn 636 030(f) and 636 030(g) may on the ThIrd Street Promenade or the PIer (a) Vend m any specIfic locatIon, or \vnhm one hundred t\venty feet of that location as measured in a north/south directIOn. for more than a two ....., .J_ hour peflod m any SIX hour peflod ThIS two hour tIme lImIt. whIch shall commence on each even hour, mcludes the tIme required to set up eqUIpment and material for vendmg and to remove all such eqUIpment and materIals after vendmg. (b ) Vend \vIthin forty feet of any other vendor. performer, or any other person uhhzmg a table or cart for the purpose of displaying or dIstributmg merchandise. goods. wnuen matenals, food. or other items. (c) Vend those Items authonzed by SectIOn 6.36030 (h) unless that person IS also performmg pursuant to Chapter 6.112 and the item vended IS representatIve of the work being. created dunng the performance All other reqUIrements speCIfied In SectIOns 6 116 010 and 6 116 040 shall app1v except that the performerivendor shall be lImIted to utIlIZIng one (1) table or can of a SIze not larger than four (4') feet In WIdth by four (4) feet In length by three (3) feet in height """ -'-' SECTION 13 Santa MOllIca MUllIcipa1 Code SectIOn 6 116070 IS hereby added to read as follows 6.116.070. Penalties. Anv person vI01atmg thIS Chapter shall be guilty of an mfraction. whIch shall be pUnIshable by a fine not exceedmg two hundred fifty dollars per VIOlation. SECTION 14 Santa MOllIca MunICIpal Code Section 6 116050 IS amended to read as [0110\\'5 6.116.050. City ilppiuYJ;d sptda; t\-"::iits Exemptions...: The reqUIrements of thIS chapter, except for nOlse standards, shall not apply to CIty approved specIal events which have been reVIewed by the Pohce and FIre Departments to ensure that all necessary publIc safety measures have been imposed as a condltlon of approvmg the event and to any vendor operating: pursuant to or under the authontv of an approved lIcense al2.reement. 34 SECTION 15 Santa 1vfomca MUlllcIpal Code SectIOn 3 12.375 is hereby amended to read as follO\\'s 3.12.375. Sidewalk obstruction or dIstrIbutmg goods. wntten materIals. merchandise. food. or any other Item except a portable table or cart whIch IS utIlIzed m accordance with the following cntena No person shall pliic~ 0i Ciiuse to te placed any objlSct( s) un a putliC side-~,,-alk, \~'hiCh results Iii less tlicUi fOur COiitiguous .L:__~ _.L:~L_ ~_-1~n_~1LL~___~ L~_~~ _1__uL"~____~.J~~~n____ ___~~_~_~ ~I;C;L V~ Ll1l; ;)IUI;;\V(lll\. Ul;ll1b 1\.1;1JL \,,11;(:11 LVI 1JI;UI;;;)U1C.Ul P(l;:);:)(lbl; (a) The table or cart shall be located (1 -, At least ten feet from the outer edge of any entrance of any busmess. mcluding. but not hmIted to doors, vestibules. dnve\.vays, outdoor dmmg area entnes. and emergency eXIts. during the hours that any bus mess on the premIses IS open to the pubhc or to persons having or conductmg: lawful busmess 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 cross\valk (4) PosItIOned so that at least a four foot COntIguOUS SIdewalk WIdth 15 kept clear for pedestnan passage 35 (b) The table or cart shall not be larger than four (4) feet in wldth by four (4) feet in length bv three (3) feet m heIght (c) No structures shall be attached to the table or cart. No other structure may be used to dIsplav the Items The dIsplay table or cart. shall be mamtamed in a neat and presentable manner None of the Items shall be displayed III an area other than upon the table or cart. _ but not lImIted to, III dIsplay racks on the sidewalks or in the hangIng of the Items from a bU1ldmg 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 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 Crty 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 sand\vIch board SIgns ('"A" frames). canopIes. free-standmg umbrellas, tents. and sImIlar coverings unless such use IS authonzed bv a street use permlt, lIcense. or other CIty-Issued authonzatIon 36 ill The table. cart. and all other items shall be capable of being transported or removed at one time (f) ThIS SectIOn shall not apply to vendors regulated bv Chapter 636 SECTION 16 Santa MOnIca MUnICIpal Code SectIOns 6.36 130 and 6 116020 are repeal ed. SECTION 17 ThIS ordmance IS declared to be an urgency measure adopted pursuant to the pronslOn of Sect lOll 615 of the Santa MOllIca CIty Charter As set forth III the findmgs above, thIS ordlllance IS necessary for preservlllg the publIc peace. health, safety, and welfare As an urgency measure. thIS ordmance IS effective Immediately upon adoptIon SECTION 18 Any provISIOn of the Santa Monica MUnICIpal Code or appendIces thereto mconslstent WIth the proVIsIOns of thIS Ordmance. to the extent of such lllconsIstencles and no further. IS hereby repealed or modIfied to that extent necessary to effect the provISIons of thIS Ordmance 37 SECTION 19 If any sectIOn, subsection. sentence, clause. or phrase of this Ordmance IS for any reason held to be mvalid or unconstItutIOnal by a decisIOn of any court of competent JUrISdIction. such decIsIOn shall not affect the valIdIty of the remaming portIOns of thIS Ordmance The CIty Council hereby declares that It \vould have passed thIS OrdInance and each and every sectIOn. subsectIOn, sentence, clause. or phrase not declared InvalId or unconstItutIOnal WIthout regard to \."hether any portIOn of the ordmance would be subsequently declared InvalId or unconstitutIOnal SECTION 20 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 m the offiCIal newspaper wlthm 15 days after Its adoption ThIS Ordmance shall become effectIve upon Its adoptIOn APPROVED AS TO FORM (fG{UA-l,i;{w- ft.Lak/RuL MARSHA JONti MOUTRIE CIty Attorney F'A TTY'.'\.IC"r- LA WS'-B.'\RR Y' STREETVO v,'po 38