SR-8-A (149)
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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
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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
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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
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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
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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
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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
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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
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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
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ATTACHMENT
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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
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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.. Any approved partIcIpant III any speCIal event authorIzed bv
the Citv
tf)
A .___ ___ ..l____ ...1___1 __.1_ _ ....1~_..L___l___...__ .J?_ _..J _ _ _ -1_ ______.........___ .__ _...___._1_
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vi ill~lChailctiS\S iil ailY publiC iii~a to ail}" ill\Sillbei vfl:lle publiC -,,~ith0ul:
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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
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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__.....
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-- --.. 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