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SR-8-A (162) 6UPPLEMEI1/T TO SA JfUJ IqJ 191 CJ f \atty\muni\strpts\mjm \stvndsup CIty Council Meeting 1-19-99 Santa Moruca, California TO Mayor and City Council FROM City Staff SUBJECT Supplemental Report On Proposed MuniCIpal Code Amendments Relatmg To Performance, Vendmg, Displaying and Placmg Objects On Public SIdewalks At Its meetmg of J anuat)' 12, 1999, the City Council began its conslderatton of proposed revisIOns to the MUnICIpal Code sectIOns which govern street performmg and street vending However, because the agenda was long, the hour was late, and the Councd wanted the opportunity to gIve the matter careful consIderation, the Item was continued until the meetmg of January 19th after all but a few ofthe members of the pubhc who had come to speak mdlcated theIr willIngness to return on that date The Council heard testImony from those who preferred to speak at the meeting of the 12th The Council also dIrected staff to supply additional informatIon about other cities' poliCies and regulatory systems In partIcular, the CouncIl requested information about the experience of Cambndge, Massachusetts, and any other cities whIch utihze "monitors" -- rather than police petsonnel -- to ensure that street performers comply WIth CIty regulatlOns ThIS supplemental report responds to the Council's request Resource Management personnel contacted the City of Cambndge and obtamed the following information ]n Cambndge, street performance occurs mamly 10 or near Harvard Square and IS regulated by an ordInance developed through a collaboratIve process wluch mcluded street 1 ............. ~ ~ ~ '~ ~, ---- \- performers and merchants The ordmance allocates enforcement responslblhty primarily to the city's Arts Council It employs a staff of mom tors who work from April through October Dunng the "off season", when there are fewer performers, the polIce handle enforcement The monitors attempt to resolve problems and are empowered to issue $25 tickets for vlOlations Performers who do not pay their tIckets cannot receive a new permit Performers are required to dIsplay their permits, comply with noise hmItations, and ref ram from blocking doorways The actIVIties which Cambndge allows as perfonnance include, but are not hmited to, playmg mUSIC, magic, cyclmg, karaoke, and mIme Generally speaking, Cambndge prohibits street vending ConSIstent with that prolubition, street performers may not produce products for sale MusiCians who perform may not vend recordmgs of their mUSIC, mImes may not vend videotapes of their performance Balloon artIsts are consIdered performers and may accept donations Cancature IS prohibIted as vendmg Carnbndge reports that its system works well The Arts Council's momtors work effectIvely as liaisons between performers and the busmess commumty, and the performers feel that the monitors respect them and theIr work Staff was unable to find any other city WIth a street performance monitonng system akin to Cambndge's However, staff did obtam mformatlOn from Berkeley, Boston, Buffalo, Key West, MiamI, PhiladelphJa, Santa Cruz, San Diego, and San FranCISco about theIr policies and regulatory systems The comments made by staff members III those CItIes show, once again, that there is no 2 perfect way to resolve these issues Several cities reported that they are workmg on, or need to work on, revismg theIr ordmances, others report that courts are reVIewing their ordinances In the area ofvendmg, cities have responded to the challenge of balancing legal requirements and competmg needs and wishes m a vanety or ways Several of the contacted cities prohibIt all street vending in their downtown areas Seven of the CIties allow some form of vending -- usually free speech vendmg -- at aSSIgned sltes Most cIttes whIch aSSIgn sltes allocate them by lottery Some CitIes dlstingmsh between vendors based upon <<for profit" or nonprofit status, allowing nonprofits to street vend and prohIbIttng street vendmg whIch is solely "for profit" (ThIS type of distmctlon has been determined to be unconstitutional m thIS federal cIrcUIt) Other CItIes allow "free speech vending" of items which are commumcative and prohibit purely commercial street vendmg Two cItles distinguish between certam ambulatory or mobile vendors and vendors who use tables A couple of cities have banned tables for all purposes m theIr downtown areas to keep their Sidewalks open These CIties were challenged 10 court, and at least one CIty'S outright ban on tables has been upheld PREP ARED BY Marsha Jones Moutne, CIty Attorney 3 8A JAN 1 2 1999 f \atty\mum\strpts\mJm\stvend Council Meetmg January 12, 1999 Santa MOnIca, CalIforma To Mayor and CIty CounCIl From CIty Staff Subject RecommendatIOn To ConsIder i\n Ordmance Mod1fymg RegulatIOns Concenllng Street Performers, Vendors And Others DISplaYIng Or DIstnbutmg MerchandIse, Goods, Wntten Matenals And Food, Or Placmg Objects On PublIc SIdewalks INTRODLTTIO~ ThIS staff report recommends that the CIty CouncIl approve the attached ordmance WhICh would reVIse MUnICIpal Code provlSlOns govermng street vend1ng and street performance, partIcularly on the ThIrd Street Promenade and the PIer Staffs recommendatIons are based upon the changmg and mtenslfymg uses bemg made of these publIc spaces and upon the expenence of enforcmg present laws The proposed amendments would mamtam the CIty'S abIlIty to preserve pubhc safety and welfare m Its most crowded pubhc spaces whIle respectmg millVldual nghts of expreSSIOn The proposal would also amend code provlSlons applIcable to the placement of objects on all CIty sIdewalks m order to mamtaIll the flow of pedestrIan traffic and emergency access BACKGROUND For the last ten years, the CIty has regulated street performance and street vend1ng to ensure that those actIvltIes do not ImpaIr the general safety and \velfare of the communIty by unduly lilterfenng WIth pedestnan traffic and the prOVISIon of emergency servIces or III other ways CIty regulatIons 1 8Pr JAN 1 2 1999 have been revIsed on several occasIOns to reflect changmg condItIons m the CIty. mcludIng grOWlllg crowds m the CIty's crmvded publlc spaces, the ThIrd Street Promenade and the PIer In each Instance, the process of proposmg. evaluatmg, and eventually adoptmg reVISIOns necessanly involved a particularly dIfficult balancmg of competing interests and attentIOn to the nghts and Interests of all concerned The process of adoptmg the last reVISIOns began III early 1997. when CIty staff formed an lllterdepartmental \vorkmg group to formulate proposed reVISIons to the City's ordmances regulatmg vendmg and perfonmng The group consIsted of representatIves of the CIty Manager's office. the Pollce, Fue and Resource Management Departments, and the CIty Attorney's office The group sought and obtallled mformatIOn and adVIce from numerous sources mdudmg a pedestnan traffic consultant, a profeSSIOnal nOIse expert, vanous CIty Departments, street performers, street vendors, the BaysIde DIStnCt CorporatIOn and the PIer RestoratIOn CorporatIon The CIty CounCIl consIdered both the record accumulated by that workmg group and extenSIve publlc testImony m October of 1997 A copy of the 1997 staff report IS attached as ExhIbIt "C " In response to staff s recommendatIons and publlc mput, the CIty CouncIl adopted Ordmance Number 1888 (CCS) and resolutIOns goverrung performance and vendmg (the "1997 regulatIOns") The 1997 regulatlons were mtended to preserve the mIxture of entertamments and expenences avmlable III the Promenade and on the PIer, respect the FIrst Amendment nghts of performers and others, and marntam publlc safety The 1977 regulatIons were also Intended to preserve aesthetIcs In pubhc spaces and mllllmlze unfaIr competItIOn between local merchants who pay rent for commercIal space and street vendors who do not 2 The 1997 regulatIOns governmg street performance defined performance broadly to mclude the creatlOn of tanglble art objects but not the productlOn of Hems for sale or charge They also prohibited the display of tangible art objects unless not created at that day's performance and reqUITed performers creatmg art objects to display a Sign statmg that their work was aV3.1lable on a donatIon basIs only The 1997 vendmg restrIctIons connnued eXlstmg hmltatlOns on street vendmg but created a "heartland exceptIon" to vendmg restnctIons, and they defined vendmg to exclude acceptmg voluntary contrIbUTIons for goods Thus, the 1997 performance and vendmg regulaTIons ImplIcitly authonzed "donatIve vendmg" -- an aspect of those regulaTIons wlnch was debated by the CounCIl and ultImately approved AdchtIonally, the 1997 regulatIOns establIshed speCial rules applIcable on the PIer and Promenade applIcable only dunng the "peak hours" when those spaces are most crowded and mtended to preserve pedestnan CirculatIon and emergency access Smce the 1997 regulatIons were enacted, the Promenade and the PIer have contmued to be very popular and, often, very crowded pubhc spaces In 1997, the Fire Department and an expert on crowd-SIze determmatIOns concluded that the maXimum "load" (safe occupancy level) for the Promenade was often approached and exceeded m the 1300 and 1400 blocks Smce that tIme, crowded condltlons m those fivo blocks have contmued and crowdmg has spread to the third block of the Promenade In additIOn to thIS mcrease m crowdmg, several other developments have occurred wlnch neceSSitate revlSltmg the Issue of how best to preserve publIc safety and welfare by regulatmg street performance and venchng. FIrst, publIc safety persOlmel and others report that smce the present regulatIOns were adopted, there has been an mcrease m the number of persons who utilIze the publIc space m the Promenade and 3 on the PIer as a place to make a lIvmg by sales or "donatIve vendmg" For lllstance, on one weekend m October (winch IS not a partIcularly busy tIme), safety personnel counted 22 persons performmg or vendmg III the Promenade at 9"00 p ill on a Fnday mght EIght were mUSIcIans; one was a Juggler, one was a dancer, and 11 were selhng objects or services. The follo,"\1ug mght at the same tIme, the numbers "vere SImIlar 22 persons performmg or vendmg, and over half were vendors Safety personnel observe that vendors obstruct the publIc SIdewalks by settmg up foldmg tables or laymg out blankets on the publIc SIdewalk. Of course, they endeavor to dIsplay as many of then artworks, crafts or other products as possIble to as many people as possIble Thus, the vendors tend to set up then msplays III the most crowded areas of the Promenade and PIer dunng the bUSIest hours of the week ThIS actiVIty mterferes "\llIth the free flow ofpedestnan traffic and could mterfere WIth the proVIsIon of servIces m case of an emergency AddItIOnally, the vendors' dIsplays Impact the aesthetIcs of the pubhc space. and, m many mstances the vendors compete with adjacent or nearby merchants who must pay rent for commerCIal space Second, CIty personnel and others report that, m addmon to an mcrease m the number of vendors, there has been an mcrease m the types of products and servIces whIch they vend When the 1977 regulatIOns were adopted, donatIve vendors were mamly selhng art objects At present, a WIde vanety of wares, mc1udmg]ewelry and other crafts, are bemg sold or "exchanged" for donatIons AddItIOnally, personal servIces are no"" bemg vended on the Promenade. These servIces mc1ude "henna tattoomg" On the mght m October when polIce personnel recorded theIr observatIOns, as many as five dIfferent henna tattooers were workmg m the Promenade at the same tIme ThIS actIVIty has sparked controversy because the amount of space taken up by the tattooers' 4 paraphernalIa Impedes the free flow of traffic, the number of practItIoners IS large, and the fact that the deSIgns are often applIed to VarIOUS parts of the customers' bodIes raIses particular aesthetIc concerns Massage IS another personal serVIce wInch "donatIve vendors" have attempted to supply on the Promenade LIke henna tattoomg, tills actiVIty mvolves the placement of chairs or blankets used by the customer Another change m actIvIty on the Promenade has been the mcrease m the number of vendors who arguably fall wnhm the "heartland exceptIon" to the vendmg restrIctions. ThIS exception applIes to those who are selhng pal11cularly communIcative matenals such as bumper stIckers The CounCIl approved thIS exceptIOn in order to faCIlItate the free and open exchange of Ideas wnhm the CIty However, a number of bumper sticker vendors appear to be usmg the exceptIOn largely for commerCIal purposes and to be SIgnIficantly obstructmg the free flow of pedestnan traffic WIth large tables upon WhICh the bumper stIckers are dIsplayed by the dozens ThIrd, m addItIOn to an mcrease m the number of persons engagmg m vendmg actiVItIes and an mcrease m the kInds of vendmg occumng III the Promenade and on the PIer, there has also been an mcrease III the kmd and number of objects wInch occupy the lImIted space m those areas, partIcularly the Promenade As noted above, more vendors are routmely placmg chaIrs, tables and blankets on publIc SIdewalks AddItIonally, some are now utIlIzmg even more cumbersome objects, mcludmg canopIes and large, patIo-style umbrellas Moreover, other new objects have been permanently mstalled smce the adoptIOn of the 1977 regulatIons For mstance, on the Promenade. new statuary was mstalled to promote communIty 5 support for educatIon m response to a request from the publIc Also, new bIcycle racks were mstalled to facIlitate complIance \\1th a prohlbltlOn agamst bIcycle ndmg m the Promenade All of these objects, mcludmg those placed temporanly and those mstalled permanently, hmlt the free flow of pedestnan traffic and emergency access In additIOn to observmg changed CIrcumstances m the CIty'S publIc spaces, staff has also learned from the expenence of enforcmg the present laws The last two years' expenence has taught that the dIstmctIOn between "donatIve vendors" and other vendors IS extremely dIfficult to enforce Generally speakmg, polIce personnel report that the "donatIve vendors" all appear to reqUIre and accept cash m return for thelT wares They do not give their wares away and hope for contnbutlOns Thus, they are readIly dlstmgUlshable as a category from street performers When a performer fimshes ills or her act, the members of the audIence have already reaped the benefit and are, at that pomt, completely free to walk away WIthOut makmg any monetary contnbution Thus, the amounts gIVen to street performers are clearly donatIOns and not payments for service However, enforcmg tills dIsunctIOn IS problematIc because It reqUlres undercover work by the polIce whIch IS expensIve and tIme consummg DISCUSSION In response to changed Circumstances and m View of our expenence m applymg and enforcmg the 1977 regulatlOns, staff recommends several amendments to eXIstmg law As m 1997, the present recommendatIons were formulated by a workmg group representIng VarIOUS CIty departments In formulatmg these recommendatIOns, the workmg group amassed and studIed a body of eVIdence and receIved mput from all stakeholders, mcludmg street performers and vendors, publIc safety 6 personnel, and the local busmess commurnty Staff assumes that all stakeholders will also provide mfonnatlOn directly to the CouncIl at the upcommg publIc heanng on thIS proposal As WIth the formulatIon of the 1997 regulatIOns, what was clear throughout this process was that no smgle set of proposals "vould satIsfy everyone However, staff endeavored to apprehend and evaluate all vlewpomts and to formulate a proposal wluch would meet the pnmary goals of presen'lng pubhc safety and respectIng mdtvIduallegal nghts as well as the secondary but Important goals ofpreservmg the aesthetic appeal of publIc spaces and lumtmg unfaIr economic competlt1on Tlus was a dtfficult task Stakeholders often expressed sharply conflIctmg Views, and the exact legal lImIts Imposed upon the City's broad pohce powers by the First Amendment are unclear. A lIst of staffs proposed amendments IS attached to thIs report as ExhIbIt "B," and the actual proposed amendments appear as undersconngs and stnkeouts m ExhIbit HA rr In the mterest of breVIty, only the key proposals are summanzed m tlus Staff Report Of course, staff wIll be prepared at the pubhc heanng to proVIde detalled mformatlOn about any particular pomt WhICh the CouncIl deems worthy of extended dISCUSSIOn In general, staffs proposals would respect and preserve the nght of all persons to engage m pure speech m the City's busIest publIc spaces Under the proposed regulatIOns, the nght of any person to go to the Promenade or PIer and glVe a speech, or preach, or dISCUSS any tOpIC With passersby would contmue to be fully protected Moreover, as to commercIal speech, the proposal would mamtam the CIty'S eXlstmg polley ofregulatmg based upon the medIUm UTIlIzed rather than the message bemg communIcated AddITIonally, staff's proposal would actually broaden the category 7 of commercIal speakers who would be authonzed to sell theIr wares by recogmzmg a new category of "free speech vendors" ThIS category would mclude "heartland vendors" (those vendmg pamphlets, buttons, bumper stIckers, leaflets and newspapers) as well as those vendmg other obJ ects like cassette tapes, compact dISCS, pamtings, photographs and other items that are inherently communIcatIve and have nommal use apart from theIr commUnIcatIOn. Thus, persons who create tangIble art objects for sale, hke pamters, would be reclassIfied as free speech vendors mstead of as street performers Accordmgly, the creatIon of tangIble art objects would no longer be authonzed as street performance AddItIonally, "donatIve vendmg" would no longer be an authonzed actIVIty Tlus change IS consIstent '''lth the CIty'S eXIstmg pobcy on street vendmg Under staff s proposal, the free flow of pedestnan traffic and the protectIOn of emergency mgress and egress to crowded areas would be preserved by bmItmg "free speech vendors" to deSIgnated SItes on the Promenade, the PIer and speCIfied CIty SIdewalks m accordance WIth adnllmstratlve gmdelmes estabbshed by the CIty The deSIgnated locatIOns would be aSSIgned penodlcally and randomly by lottery -- an approach utIbzed by the CIty of Honolulu when more than one free speech vendor appbes to use a partIcular, authonzed vendmg sIte Legal staff recommends that the number of frce speech vendmg SItes be adequate to ensure that the two classes of vendors -- commerCIal vendors and free speech vendors -- recerve comparable and faIr treatment Other aspects of the proposal mclude (1) prohlbltmg freestandmg umbrellas, tents and SImIlar objects on the Promenade and the PIer; (2) prolubltmg placmg objects on publIc SIdewalks (such as tables) CItYWIde m a manner wluch would result m less than a four-foot SIdewalk WIdth bemg kept clear forpedestnan passage or wluch would be wlthm ten feet of the outer edge of any entrance to 8 a busmess, and (3) clanfymg that tables and carts must be portable These proposals are mtended to preserve the safe flow of pedestnan traffic and ensure that emergency personnel have free mgress and egress to the Promenade and PIer and to the bUIldmgs located there BUDGET~INANCULIMPACT The recommended actIOn has no dIrect budgetlfinancIallmpact RECOMMENDA nON Staff recommends that the CIty CouncIl mtroduce for first readmg the attached Ordmance amendmg Chapters 6 36, 6 112 and 6 116 and SectIOn 3 12375 of the Santa MOllIca MU11lCIpal Code relatmg to street performers. vendors and others dIsplaymg or dIstnbutmg merchandIse, goods, \vntten matenals or food, or placmg objects on publIc SIdewalks. Staff further recommends that the City CouncIl drrect Cny staff to take the ammmstratIve steps necessary to deSIgnate locatIons for "free- speech vendors" on the Promenade and the PIer and to establIsh a process for penodIcally asSIgnmg those locatIOns to mdIvIdual vendors Prepared by Marsha Jones 11outne, CIty Attorney Patnck Brooks, Deputy CIty Attorney Barry Rosenbaum, Deputy Cny Attorney A Draft Ordmance B LIst of Proposed ReVISIons C 1997 Staff Report 9 EXHIBIT A f: \atty\mum \laws\bany\streetve ord CIty CouncIl MeetIng 1-12-99 Santa MOllIca, CalIfornIa ORDINANCE 1\ UMBER (CIty CounCIl Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA A:MENDING CHAPTERS 6.36, 6112,6.116 AND SECTION 3 12.375 OF THE SANTA MONICA MlliICIPAL CODE RELATING TO STREET PERFORMERS, VENDORS, AND PERSONS CTILIZC\G TABLES OR CARTS FOR THE PURPOSE OF DISPLAYING OR DISTRIBUTING MERCHANDISE, GOODS, WRITTEN MATERIALS, OR FOOD OR PLACING OBJECTS OX THE PUBLIC SIDE\V ALK WHEREAS, the CIty 15 extremely dense wIth a land area of Just 8 square mIles and a populatIon of approximately 90,000 people, and WHEREAS, the combInatIon of an oceansIde locatIon, fine clImate, and the aVaIlabIlIty of urban faCIlItIes, servIces and entertamments make the City an extremely desIrable place to work or VISIt, and \VHEREAS, on weekdays, apprOXImately 300,000 people are present \vIthm the CIty and on weekends, the number swells to as hIgh as 500,000; and WHEREAS, the CIty IS known worldWIde as a pnmary tounst destInatIon WIth some of Its most popular attractIons mcludmg the ThIrd Street Promenade, the Santa MOllIca PIer, the Santa Momca State Beach, and PalIsades Park, and 1 \VHEREAS, the VIsItor mdustry IS an essential component of the economIC vitalIty of the CIty WIth approxImately 2,355,000 VISItors to the CIty In 1997; and WHEREAS, mamtammg the ambIance and flavor of the CIty'S streets IS essenttal to Its populanty and to the economIC well-bemg of the CIty; and \VHEREAS, the CIty has a vItal mterest m the protectIon of Its CItIzens and VISItors by mamtammg the orderly movement of pedestnans and vehIcles on the CIty'S street, SIdewalks and other pubhc thoroughfares and areas; and WHEREAS, as a result of the heavy VISItor and work populatton, travel through key tounst destinatIon areas In the CIty and ItS busmess dIstrIcts IS lundered by heavy pedestrIan and vehIcular traffic, and \VHEREAS, populatIOn denSIty and congesTIon both present threats to the qualIty of hfe m the CIty, and WHEREAS, the CIty'S FIre Department has calculated that If the ThIrd Street Promenade were an enclosed space, the maXImum occupant load would be approxImately 5000 persons per block, and WHEREAS, the CIty has determmed that on weekend evenmgs the maxImum occupant load IS often approached or exceeded m the 1300 and 1400 blocks of the Thud Street Promenade; and WHEREAS, extraordmanly hIgh pedestnan traffic IS also found on SIdewalks throughout the CIty'S busmess dIStnctS, and 2 \VHEREAS, unregulated vendmg, from pushcarts, motor vehIcles, stands, or by persons contnbutes to traffic congestion and thereby Impedes the orderly movement of pedestnan and motonst traffic and poses a substantIal hazard by blockIng the pedestrian nght of way and dlvertmg the attentIons of dnvers of vehIcles passmg by, and WHEREAS, the uncontrolled placement of tables and carts on sIdewalks also dISrupts the orderly flow of pedestrIan traffic and threatens the aesthetIcs of the CIty; and WHEREAS, the placement of blankets or sImIlar Items and goods or merchandIse dIrectly on sIdewalks creates addItIonal senous safety hazards, and WHEREAS, to protect the publIc health and safety and ensure safe pedestnan and motonst traffic, the CIty needs eqUItable, ulllform vendmg regulatIOns; and \VHEREAS, the CIty has also adopted a senes of comprehensIve plans and development guIdes whIch promote the CIty'S aesthetIc mterests generally and the aesthetIcs of Its publIc space specIfically, mcludmg but not lImIted to, the Bayside DIStnct SpecIfic Plan, the Downto\\'TI Urban DeSIgn Plan, the PICO Boulevard Streetscape Plan, the Parks and RecreatIon ~aster Plan, the ThIrd Street Mall DeSIgn GUIdelmes, and the Santa Moruca PIer DeSIgn GUIdelInes, and WHEREAS, 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 IattractIve street enVIronment and the CIty IS affirmatIvely seekmg to ehmmate vIsual blIght 3 on the publIc nghts-of-way, mcludmg the vIsual blIght caused by unsIghtly vendor stands; and \VHEREAS, the CIty presently has a vIhrant and stable merchant commumty, and WHEREAS, uncontrolled street vendmg would constItute unfaIr competItIon and could serve to undenmue the CIty'S commercIal lIfe by reducmg sales from local merchants and erodmg the CIty'S tax revenues, and WHEREAS, staff has receIVed many complalllts about the number of persons who come to the CIty'S pedestnan-onented commercIal dIStrIctS for the purpose of sellIng goods and merchandIse; and WHEREAS, current code allows street performers wItlnn the CIty to create "tangIble art obJects," whIch are not to be sold, and WHEREAS, enforcmg tills prOhIbItIOn on sale has proved extremely dIfficult, and consequently, treatlllg the creatIOn of art objects as a performance has enabled Illegal vendlllg to flounsh, and WHEREAS, this proVISIon has also resulted III the prolIferatIon of mdIvIduals utIlIzmg CIty streets to proVIde personal servIces such as henna tattoomg and face pamtlllg; and WHEREAS, current CIty Law allows llldIVIduals to dIstrIbute goods, food, and merchandIse m any publIc area for donatIOn; and 4 \VHEREAS, many mdIvIduals purportedly offenng goods for donatIOn actually set a pnce, negotIate a pnce, or otherwIse refuse to part wIth the goods wlthout payment of a fixed mInImUm amount~ and \VHEREAS, thIS proVISIOn has also resulted III a prolIferatIOn of street vendors, and WHEREAS, the CIty finds that the reasonable regulatIon of the sale of merchandIse on the CIty'S publIc streets, SIdewalks, parks, beaches, and other publIc places IS a matter of compellIng mterest to the CIty for the reasons descnbed above, and \VHEREAS, whIle the CIty acknowledges that the vending of merchandIse whIch constItutes or contams a polItIcal, relIgIOUS, phIlosoplucal, or Ideologtcal message IS protected by the FIrst Amendment, the CIty must set restnctIons upon the tIme, place and manner of the exerCIse of these actIVItIes to secure and promote the publIc health, safety, aesthetIc values, and general welfare of persons in the CIty of Santa MOllIca m their use of the publIc nghts-of-way and other publIc spaces, and WHEREAS, It IS also necessary to c1anfy certam eXIstmg prOVISIOns of the CIty'S Street Performer' s Ordmance~ NO\V THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLO\VS: 5 SECTION 1 Santa ~omca MUnICIpal Code SecTIon 6 36 020 IS hereby amended to read as follows: 6.36.020 Definitions. For purposes of thIs Chapter, the folloWlllg words or phrases shall have the followmg meanmgs: (a) Food or Food Products. Any type of edIble substance or beverage (b) Goods or J.\ilerchandise. Any Items that are not a food product (c ) Vend or Vending. To sell, offer for sale, expose for sale, sohclt 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 donattons III exchange for merchandIse also constItute vending. Acceptlllg voluntary ____.&.___1___.&._____ _~_~_ __ _...::1_ ~~_...1 __~___~_~ _~__ ___~___~...1_.J __ __ _.L_____ ...1____ ~Ul1UIUUUU1J~ all~1 OUUU~ allU :>~I v I....~:> al~ plUV IU!;;;U I:> llUl V vllUlllo' (d) Vendor. A person who vends. ThIs mcludes a vendor who IS an employee or agent of another. A person engaged m the busmess of sohcltmg, canvassmg, or talang orders 15 subject to the regulatIons 1TI Chapters 6.24 aiid G.J2, aiid IS not a "vendor." 6 (e) Pushcart. Any nonmotonzed mobIle devIce used III 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 SECTIO~ 2 SectIon 6 36 030 of the Santa MOnIca MUnICIpal Code IS amended to read as follows 6.36.030 Exemptions. The prOVISIOns of thIS Chapter shall not apply to: (a) Any approved partIcIpant m any fanner's market. (b) Any approved partICIpant III any cultural arts and crafts show (pursuant to Section Chapter 6 44.0060) ( c) Any vendor operahng pursuant to or under the authonty of an approved hcense agreement on the PIer. (d) Any vendor operatmg pursuant to or under the authonty of an approved lIcense agreement on the pedestnan mall estabhshed pursuant to SectIon 3.36 150 of thIs Code. (e) Any vendor operatIllg pursuant to SectIOn 3.36 180 of thIS Code. (f) Any approved partiCIpant In any specIal event authonzed by the CIty. 7 ,1:'\ \..1) lI._n. I'lH} ~__...l____.J___l ___1__ .l__.L___l___L_~ 1HUl Y 1UU(11 W HV Ul;:lLUIJUU:;;:I 1:"_ _ .3 .lVVU, gvvds. ,viiU:~u ___ _.L _ __. _,_ IHaU:;Ual;:l VL meichaildis6 ii-. aiiY Futlie ai..:;a I:v oiiiy memtef vf tlie putilic ,"'-itltviit choiige Such iiidiv-idual iiTliSt at alll:iilie& ~'h::'lbly display a &igii, tv be issued ty I:li6 City at HV cvst, which states iil Sutstaiice that th..:; H'I:;Ul.:) aie aYa.ilatle vii a ..l_.__....__._l___~_ ___1__ T.J::'___ ___...1____...:1___1 ..1 _~_1____ ___ _1__..L___1___......__ r__...I ..L_ .....1__ ___..L_._..... UVHUUVH 1J(1;:11;:l VUIY .1.1 au 1UUIYIUUal Ul;:lplaY;:I VI U1.::>UIVULI;;;:' IVUU, lV U1'1:; 'l:;AL!;:;lll applicatk, ii I...05 Aiigel..:;& Cvuill:Y D..:;paitiiieiil: uf IIe.1li:h peiiil1i: &11.111 t..:; _l_""-____~...l___.l_____._......_.___..J___...l__ ___1_____1__11_____________ ____"-_~_____.....1__....1__ ____1__ VlJlU1l1l;;U CUIU lllail1LalHI;;U H1 Ul!;:; 1UU1 Y 1'-lUa1 ;:. PV;:)::>l;;;:)::>lVll I,.;I;;1ll.lJ IHl:; lHUl HI;; V1 '::>HI;; cviiipltes With an SUite wid f"edefoillaWS regfudliig fvud pi0duCi: dl;:)tiibuti0ii (g) Aiiy iiidiv-idual v..:;iidiiig ile-\vspapefS, leaflets, paiiiphl..:;~;:), buillpef _ -"- _ _ 1_ _ __ _ _ d 1_ _ _............ _ __ _ .::>U\"l\..l;;l;:1 VL IJULLVH;:) (g) Any mdIvIdual or orgamzatlon that vends the followmg Items. books; pamphlets, bumner stIckers. newspapers; cassette tapes, com:ract dISCS. namtmQs. nhotoQ"fanhs or any other Item that IS mherentlv commumcatlve ... - ....... --- .. and has nommal use anart from Its commumcabon. Vendmg authonzed pursuant to thIS subsectIOn shall only be conducted m areas desHmated by the CIty on the Thud Street Promenade; the PIer, and snecdied CItv sIdewalks m accordance wIth admmIstratIve Q'UIdehnes establIshed by the CIty. Each deSIgnated locatIOn shan be assIgned by lottery If the number of applIcants exceeds the number of spaces avmlable at the locatlon. The lottery shall be conducted as a random drawmg or on some 8 other basIs wInch ensures that all appbcants partlcIpatmg therem have an equal opportumty to obtam a permIt. Tn addItIon to vendmg locatIons" the admmIstrattve gUIdelmes shall establIsh reqUIrements govemmg the conduct and tImmg of the lotterY. vendmg hOUTS" manner of merchandIse dIsplay" staffing of tables, sIgnage, and other regulatIons consIstent WIth the provisions of thIS sectIon and any other relevant proVISIon of the MumcIpal Code. SECTION 3 Santa Momca Mumclpal Code SectIon 636.140 IS hereby added to read as follows. 6.36.140. Penalties. Any person vlOlatmg thIS Chapter shall be gUIlty of an mfractton, whIch shan be pumshable by a fine not exceedmg two hundred fifty dollars per vlOlatlOn. SECTIOK 4. Santa MOnIca MUnICipal Code SectIOn 6 112.020 IS amended to read as follows 6.112.020 Definitions. For purposes ofthI5 Chapter, the followmg words or phrases shall have the followmg meamngs: (a) Charge. To reqUIre someone to pay a fee or to set, negotIate or establIsh a fee for a performance. Seekmg voluntary contrIbutIons through passmg 9 around a hat, leavmg open an mstmment case or other receptacle, or sohcItmg donatIons after a performance IS not a charge. (b) Performer. An mdIvIdual or group who performs m a public area, for the purpose of provIdmg publIc entertamment (c) Perform. To engage III a performance dltt6tK endeavors, mcludmg, but not lImIted to, the followmg actIvIues: playmg mUSIC, smgmg, dancmg, actmg, pantomImmg , puppeteenng, JugglIng, or recltmg, 01 Cleatmg tangIble art objects. "Perform" shall not mc1ude the creatton of tangIble art obJects" the productIOn of Items for sale or for a charge; or the proVIsIon of personal servIces such as tattoomK face pamttng" half weavmg, or massage (d) Public Areas. SIdewalks, parkways, playgrounds and all other publIc spaces located III the CIty. (e) The Pier. The Santa MOllIca PIer, conSIsting of both the Newcomb PIer and the ~ullIcIpal PIer, protrudmg from the Santa MOllIca State Beach at the southwesterly termmus of Colorado Avenue, and extendmg for approxImately two thousand one hundred thIrty-five feet mto the Santa :MOllIca Bay. (f) Third Street Promenade. ThIrd Street between the southeasterly hne of WIlshIre Boulevard and the northwesterly hne of Anzona Avenue, and between the southeasterly lme of Anzona Avenue and the northwesterly hne of Santa MOllIca Boulevard and between the southeasterly lme of Santa 10 MOnIca Boulevard and the northwesterly hne of Broadway SECTION 5. Santa MOnIca MUnIcIpal Code Section 6 112.030 IS amended to read as follows: 6.112.030 Rules and regulations. (a) Subject also to SecTIon 6 112050 and SectIOn 6.1l2.060~ no performer may perform: (1) \VIthm ten feet of any bus stop. (2) \VIthm ten feet of any street comer or a marked pedestnan crosswalk (3) WIthm ten feet of the outer edge of any entrance of any busmess~ mdudmg, but not lImIted to, doors~ vestIbules; dnveways~ outdoor dImng area entries, and emergency exits, during the hours that any business on the premIses IS open to the publIc or to persons havmg or conductIng lawful busmess wIthm those premIses (b) No person may perform on the ThIrd Street Promenade, the PIer or any publIc sIdewalk WIthout first obtaming a performance permIt Issued by the CIty pursuant to SectIOn 6.112 040. (c) A performer may not block or obstruct the free movement ofpedestnans. If a suffiCIent crowd gathers to observe a performer such that the passage of the publIc through a publIc area IS blocked~ a polIce officer or fire offiCIal may dIsperse that portIon of the crowd that IS blockmg the passage of the publIc. If 11 a performer cannot conduct a performance In a locatIon WIthout blockmg the passage of the pubhc, a pohce officer or fire official may cause the performer to leave the locatIOn. but shall not prevent the performer from occupying another locatIOn In complIance \vlth this Chapter (d) A performer who performs for a charge shall obtam a bUSIness lIcense and be subject to all applIcable proVIsIons of Chapter 6.36. A performer who performs WIthout charge shall not be reqmred to obtam a vendor penmt pursuant to Chapter 6 36 or a busmess lIcense pursuant to Chapter 6 04. (e) No performer shall construct, erect, or mamtam any stage, platform, or SImIlar structure for use during any performance. (f) No performer shall use any kmfe, sword, torch, flame, axe, saw, or other object that can cause senous bodily Injury to any person, or engage 10 any actiVIty, mcludmg but not hmIted to, acrobatics, tumblIng, or umcyclIng, that can cause senous bodIly lllJUry to any person. (g) No performer shall use any generator, wet cell battery, or other power source that poses a fire or publIc safety hazard Ko performer shall connect or mamtam an electncal cord to an adjacent bUIldmg or to a City power source. (h) No performer may htter hiS or her performance SIte. f_l.""lI.T_ _____.L_________ _1__11 ....l____1___..L____.1-1_ __....L _1____..L._ ____1___.....1__ __--"'--__ VJ l'lV p~l.cl.cV.l1U~l.c o:lUaH Ul.co:lpl.cay Lallol.cUl.c~ al.cL UUJ~\"L;:) UUl.c~;);) Lll~ <:UL 1;) ___..J____..J___l1__1____...1 ____...1____...1 ___ __..._ ___..J ..1________ ...1__ _1___ _1::'.....1__ .____.J:"___________ llIUI" luuallY llallu-pIUUU\.,l;;U VH ;)ILl;;; aHU UUUllO UIl;,;; uay Vl.c Lll~ Pl;,;;l.cl.cVllIUUll.l;;. W61 No performer shall utIlIze or prevent the publIc from utIlIzmg any 12 pubhc benches, waste receptacles, or other street furmture dunng the performance. WtkJ No mmor under the age of sIxteen can perform unless the mmor has obtamed an Entertamment \Vork PermIt Issued by the Department of Industnal RelatIOns of the State ofCaltfomta and mamtams the permIt m hIslher posseSSIOn at the tIme of the performance. (k)ftJ No performer shall place any object on a pubhc SIdewalk whIch causes less than a four foot contIguous ft;;t;;t 0ftlit;; SIdewalk WIdth to bemg kept clear for pedestnan passage. (l){iil) No performer shall perform on any pubhc SIdewalk WIth more mstrnments or props than the performer can reasonably transport or remove at one tIme. (m) No performer shall perform III contraventlOn of the allowable n01se levels estabhshed bv Chanter 4.12 and Chanter 6.116 of thIS Code. - ~ & SECTION 6 Santa MOllIca MUnIcIpal Code SectIon 6 112.040 IS amended to read as follows 6.112.040 Performanceii-.~ permit. (a) To receIve a performance permIt, a person must complete and file WIth the CIty a performance permIt apphcatIon on a form approved by the CIty. The apphcant(s) must proVlde the followmg mformatIon 13 (1) The names of all mdIViduals performmg under the permIt (2) The addresses of all mdlvlduals performmg under the permit (3) Proof of the Identlty of the performer( s) Acceptable proof of IdentIty shall mclude, but not be hmlted to, a dnverts hcense, socIal secunty card, student Idenl1ficatlOn card, or passport. (4) A descnptlon of the nature of the act to be performed (5) A descnpllon of any mstrument(s) or propes) whIch WIll be used by the performer( s) (6) If a group IS performmg under the permit, a desIgnatIOn of the mdIvIdual, and alternate, who w1l1 be responsible for comphance wIth the provIslOns of thIS Chapter and who Will be present when the group IS performmg. (7) A mlUor under the age of sixteen shall provIde a copy of an entertamment work permIt Issued to the mmor by the Department of lndustnal RelatIOns of the State of Cahfornla. (b) The performance permn WIll be Issued annually commencmg on January 1 st of each calendar year. (c) Upon receipt of a wntten apphcatlOn for a performance permit, a performance pennlt shall be approved withm three busmess days of the fihng ofa fully completed apphcahon, unless one of the followmg findtngs IS made 14 (1) The apphcant has knoWIngly made a false, mIsleadIng, or fraudulent statement of fact to the CIty In the applIcatIOn process. (2) The applIcatIOn does not contain the InformatIOn reqUIred by thIs Chapter. (3) The applIcant has not satlsfied the reqUIrements oftlus Chapter. (d) Tn addItIon to requmng comphancf: With an proVISIons of thIS Chapter, the CIty may conditIOn the approval of any performance permIt on the appltcant's compltance WIth other proVISIOns of the CIty'S MUnICIpal Code whIch are applIcable to the performance to eiiSlii-c, COiiipliailce w-ith thiS Cliapi:~i. (e) The CIty may revoke or suspend a performance permIt upon the COITUlllSSlOn of the second VIOlatIon of thIS Chapter or of permIt COndIt10nS or oth~i lc,qliilc,iiieiits 0f thiS Cliaptei- -,.vlthm a SIX month penod. In any such case, the permIt holder shall have the nght to appeal from a deCISIOn of the CIty to revoke or suspend any permIt In accordance WIth Chapter 6.16 oftlus Code If the performance permIt of any performer IS revoked, another such permIt shall not be granted to such person WIthIn SIX months after the date of such revocatIOn. If the performance permIt of any performer IS revoked for a second tIme during a two year penod; the length of the second revocatIon shall be one year. The CIty shall iiiay establIsh admInIstratIve gUIdelInes to asSIst In the ImplementatIOn of thIS SectIon (f) No applIcatIon for a performance permIt or the renewal thereof shall be accepted unless the applIcatIOn IS accompamed by a payment of a non- 15 refundable annual fee 10 an amount to be set by resolut1on adopted by the Crty CouncIl (g) The performance permIt shall not be assIgnable or transferable and shall contam the permIt number of the applIcant and the year In winch the permIt expIres (h) A replacement performance permIt may be obtamed upon payment of a non-refundable fee In an amount to be set by resolutIOn adopted by the CIty CounCIl (1) A performer shall clearly dIsplay hIS or her permit whIle performmg, and shall allow InSpectIOn of the permIt by any CIty pohce or fire offiCIal on request F_..... -n_~_.r__________ _____...l_______ ..._____1_1_ ___.... _1____......_ ___......___.,j_..,j.L_ 1__ _____1_1_t_ -.C'___ IJ} ~ 1;;;11VUU1;;'1~ jJIVUU'-'lH;:; LaH;:;lUli:' au VUJI;;'I,;L~ Ulll;;;UUI;;'U LV ut:; i1VaUaUli:' lVJ. -.:1__"--__1___-'---____ ..L_ _____ _______1_ ___ _i'....."'L_ ____1_1__ _1_~11 _____1_1__ ...1____1___ _ ______ .L_ 1__ UJ.~LllUULlV11 LV auy UlI;;UlUI;;J. V~ UH';; pUUU\,. ~uau v l~lUlY Ul~jJlay a ~l;:;U, LV U.... ._____...1 _..... ___ _1______1___ ....1__ r"'_L__ ___1___1_ _L_-"-__ ___ ~__1~_.iL_____ ....1__...... .....1__ _.1.._____ _.__ l~:)UI;;U aLHV '-'Hal;:;1;; uy 1111;;; '--'1.1y, WUll,;H ~LaLI;;~ 111 ~UU~LalH.,\;; Lu<n 111\;; HI;;'UI~ all;;' _ _ __ ~ 1 _ L 1 _ __ _ -1 _ u _ L _ u 1_ _ _ _ _ __ 1__ avauaUll;; VU a UVllallUll ua~l~ VIUY Wfk1 The CIty CouncIl may by resolut1on adjust the performance hours and nOIse hmItatIOns estabhshed III thIS Chapter dunng publIc holIdays. (k)ft1 Upon Issuing a permIt, the CIty shall also gIve the performer a document whIch summanzes the rules and regulatIOns concemmg street performances m the CIty. ThIS document may be, but IS not required to be, a copy of thIS Chapter 16 SECTION 7. Santa MOllIca MUlllClpal Code SectIon 6 112050 IS 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 In the ThIrd Street Promenade outsIde of an enclosed bUIldmg In vIOlatIon of the followlllg reqUIrements (a) No performer shall perform except dunng the following tIme penods: (1) Nllle a m. to ten-thIrty p.m. dally. (2) Ten-thIrty p.m. on Fnday and Saturday to one-thlliy a.m. of the followlllg day. (b) No performer shall perform WIthIn SIXty feet of any special event authonzed by the CIty ( c) No performer shall perform WIth more lllstruments or props than the performer can reasonably carry or remove at one tIme (d) Performances shall be lImIted to deSIgnated performance zones, as estabhshed by resolutIOn of the CIty CounCIl. (e) As estabhshed by CIty CouncIl resolutIon, dunng the tIme penods when any block or blocks of the Thud Street Promenade are at or near maxImum occupant load, no person wIthm that block(s) may: (1) Perform In any speCIfic locatIon wlthm a deSIgnated performance zone, or withlll one hundred feet of that locatIOn, for more than one hour m any three hour penod ThIS one hour hme hmlt shallmclude the tIme reqUIred to set-up 17 any mstruments or props pnor to the performance and to remove any and all mstruments or props after the performance. (2) Perform wItlun SIxty feet of any other performer or wIthm thIrty-five feet of a vendor or any other person utIlIzmg a portable table or cart, blanket, or SilliiliU- iL~ill for the purpose of dIsplaymg or dIstnbutmg merchandIse, goods, wntten matenals, or food; or other Items SECTION 8. Santa MOnIca MunicIpal Code SectIOn 6 112.070 IS amended to read as follows 6.112.070 Penalties. Any person vIOlatmg thIS Chapter shall be guIlty of an mfractIon, whIch shall be pUnIshable by a fine not exceedmg two hundred fifty dollars per VIOlatIon. In ucklitiOii LO Lll~ p~il<ilti~S h~l~lii, wi) C0ilditiOii Ca-uS6cl 0r p61illiU:6cl to 6i\.i5L iii v-i01uLi0il of tIliS S~Cti0il sliall G6 cl~6iii6cl a fiiit..Iic ___________ ___...l__~___L_ l___.Ll_"":_ 1"'1._..1...__ ____________.,__ _1__....._-.l __ ____1_ ___-.1 ___1_ --1_._ l1Ul;)al1~l:; a11U 111ay Ul:;, uy Ull~ \""-ilY, ~UH1111aU1Y aU<:1U;;;U <:1;::' ~U~ll, e:ulU l:;<:1~11 ua y ____1_ ~~__--1~..L~___ ____.04..~._____ _1__111_ _ ____ ___.1_..1 __ _ ._____ ___ ~ _____.__..1.._ _.r!'r!'_____ ~U~U ,",U11UillUll ,",Ulll1l1UC::S Ml<:111 UC; lC:t:;<:11UC;U a~ a UC;W <:111U ~C;palaLl:; VllC;ll~\;;;. 18 SECTION 9 Santa Momca MUlllcIpal Code SectIon 6.116.010 IS amended to read as follows' 6.116.010. Use oftables and carts and blank-et!ii for display and distribution of merchandise, goods, written materials and food on Promenade. (a) Subject also to the reqmrements of Chapter 6_36, a person may No person !>hall only utIlIze <iilY portable tables or carts fui tliiiJk6t5) ui 5iiiiilai _.L_____ r_ ",,-1__ ~__________ _.J:'J_____1_______ ___ -.1__""-_~_1___...~~_________1____..J.__ ___.1_ _____~............___ 1L~1l1~ ~Ul Ul~ }JUl }JV~~ VI Ul~}Jlay 1110 VI Ul~lllUUU1l0 1l1~1"'llallUl<:lv, OVU~, WIIU~ll matenals, or food on the Thud Street Promenade III accordance WIth the followmg proVIsIons fa] (1) In OutsIde desIgnated areas, as estabhshed by resolutIOn of the CIty CounCIl (b)(2) In a gieater number no greater than can reasonably be transported or removed at one tIme. tcJ(.3..) At a dIstance at least Vhtlliii ten feet from the outer edge of any entrance of any busmess, mcludmg, but not lImIted to. doors, vestIbules; dnveways, outdoor dmmg entnes, and emergency eXIts, during the hours that 19 any busmess on the premIses IS open to the publIc or to persons having or conductmg lawful busIlless on those premIses tdJ( 4) At a dIstance at least Withm ten feet of any bus stop. tete 5) At a dIstance at least Vy7 ithiii ten feet of any street corner or a marked pedestnan crosswalk. (6) At least a four foot contIguous sIdewalk wIdth IS kept clear for pedestnan passage. (b) No person shall unhze canopIeso free-standing umbrellas~ tents~ and sImilar covenngs unless such use IS authonzed by a street use permIt: hcenseo or other CIty-Issued authonzatlOn. (c) No person shall place any object or deVIce on the Thud Street Promenade for dlSnlaVlllf! or dIstnbutJ.nf! f!oods. \vntten matenals. .a. ..- _ . . merchandIse, foodo or any other Items unless such use IS III complIance WIth thIS SectIon or othef\\'1se authonzed hv CItv re2:UlatlOn. ~ ~ - A ~_1_.L____ _11__ _____ ...1____ ______.L _____._1__ ___....1_ ",-1_ _ ___ ___________ ___.L_ _.J:"r'1____.L___ r...,r __ l1cUUiUVl1al1Y, V1;;l1UVi::> lliU::>t \.,.VlliPiY >VitUlli1;; l1;;\.fUll1;;Hi1;;lit::> Vl. '--Uapt1;;l V...JU, a::> a.pplica.t1c 20 SEeTI01\" 10. Santa Momca MumcIpal Code SectIon 6.116 020 15 amended to read as follows. Use of tables and carts and blankets for display and distribution of.at Promenade during peak occupancy. Dunng the tIme penods, as estabhshed by CIty CouncIl resolutIOn, when any 6.116.020 block or blocks of the Third Street Promenade are at or near maxImum occupant load, no person shall utllIze more than one table or cart, blanket, or sInulm Item and that table or cart shall not exceed SIX four feet by three ciglu feet SECTION 11. Santa MOllIca MunIcipal Code SectIOn 6 116.040 IS amended to read as follows 6.116.040 Lse of tables and carts and blankets for display and distribution of merchandise, goods, written materials and food on the Pier. (a) Subject also to the reqU1rements of Chapter 6.3fi. a nerson may only Ko person shall utIlIze aiiY portable tables or carts, tlCiiJk~s, 0i 5iiiiilai ii~ilJ:S for the purpose of di5plaYiilg vi d15tiit-utiiig ili~iCllaildi5~, g,0vd5, wntt~ii illat6iia15, vi fv0d-on the PIer m accordance WIth the followtnQ" nrovIsIons fa1(l) In Gut~id~ desIgnated areas, as estabhshed by resolutIOn of the CIty CouncIl 21 (0)(2). In a gX~a.t~i- number no greater than can reasonably be earned or removed at one hme. tc1(3). At a dIstance at least VvTithiil ten feet from the outer edge of any entrance of any busmess, mcludmg, but not hmIted to doors~ vestIbules; dnveways, outdoor dmmg area entrIes, and emergency eXIts, during the hOUTS that any busmess on the premIses is open to the publIc or to persons havmg or conductmg lawful busmess on those premIses. td}(4) At a dIstance at least Vlithm ten feet of any bus stop fe1(5.) At a dIstance at least \Vlthiil ten feet of any street comer or a marked pedestnan crosswalk. .(b) No person shall uoltze canopIes" free-standmg umbrellas" tents" and sImIlar covenngs unless such use IS authonzed by a street use penmt" lIcense. or other CIty -Issued authonzatlOn. (c) No person shall place any ohJect or deVIce on the PIer for dlsplaymg or dIstnbutmg goods~ \,'ntten matenals" merchandIse" food" or any other Items unless such use IS m compltance WIth thIS SectIon or otherwIse authonzed by CIty regulatIOn. Additi0ila.lly, v6ilJ015 illuSt C0il1ply ""-1th t116 1~(il..iii~iil~iitS of Chiifit6i- G 30, as _ __ __ 1 _ _ _ 1_ 1 _ appu....auu,;;. SECTION 12 Santa Momca MumcIpal Code Sectton 6.116 060 IS hereby added to 22 read as follows 6.116.060. Penalties. Any person vlOlatmg thIS Chapter shall be guIlty of an lllfractton~ whIch shall be pumshable by a fme not exc.eedmg two hundred fifty dollars per vIolatlon. SECTION 13. Santa Momca MUnICIpal Code Sechon 3 12375 IS hereby amended to read as follows. 3.12.375. Sidewalk obstruction. (a) Subject also to the reqUIrements of Chapter 6.36; a person may only utlhze portable tables or carts on a pubhc SIdewalk wruch are used m accordance WIth the followmg cntena: N0 p.;i50ii 5liull pluC.; vi CaitS.; I:v t~ placed any _1____....1'_1. ___ _ .___1_1__ __..l_____11_ ___1___1_ ..____1.L._ _._ 1___ .....1__._ .1:'_____ _ ___-"'-________ r_~..L VUJIVlvl\~) Ull i1 pUUll~ '::'IUI;:;WaH\., \'Vl11~llll;:;'::'UlL'::' HI 11;:;,::,;:' UlallIUUI vVllLI~UVU~ II;:;IVl _ r .L1~ _ _ _ ..,] _____11_ 1_ _ _ __ _ 1_ _ __-'- _1 _ _ __ r"_ __ __ _ -.1 _ _...L___ _ __ __ _ _ _ _ _ _ VI UIIV ::>IUIVWalJ\. UIVIllb J\.IVpl \,IIVi11 IVI pIVUIV~Uli1l1 Pi1~~i1bIV (1 ) At a dtstance at least ten feet from the outer edge of any entrance of any busmess_ mcludm{L but not hmIted to doors: vestIbules. dnvewavs. ~ .. - .. ~ outdoor dmmg area entnes: and emergency eXIts" dunng the hours that any busmess on the Dremlses IS onen to the Dubhe or to nersons havm2" or ~ & - conductmg: lawful busmess on those nremIses. - & (2) At a dIstance at least ten feet from any bus stOD. - & 23 (3) At a dIstance at least ten feet from any street comer or a marked nedestnan crosswalk. (4) In a number no ~eater than can reasonably be carned or removed ~ ~ - .. at one tIme. (5) At least a four foot contIguous sIdewalk wIdth IS kept clear for pedestnan passage. (b) No person shall utIhze canopIes; free-standmg umbrellas, tents, and SImIlar covenngs unless such use IS authonzed by a street use permIt, hcense, or other CIty-Issued authonzatIOn. (c) Koperson shall place any deVIce on a pubhc sidewalk fordIsplaymg or dIstnbutIm! Q:oods. \vntten matenals. merchandIse. food. or any other Item - - . . ~.... unless such use IS In comnhance WIth thIS SectIOn or otherWIse authonzed bv ~ ~ CIty regulatIon. SECTION 14 Santa MOnIca ~unIcIpal Code SectIOn 6 36 130 IS repealed SECTION 15 Any prOVISIOn of the Santa MOnIca MUnICIpal Code or appendIces thereto mconslstent WIth the provIsIons of thIS Ordmance, to the extent of such mconsIstencIes and no further, IS hereby repealed or modIfied to that extent necessary to effect the proVISIOns of tills Ordmance 24 SECTIO?\r 16 If any sectIon, subsecTIon, sentence, clause, or phrase oftlus Ordmance IS for any reason held to be mvahd or unconstltutlOnal by a decIslOn of any court of competent JunsdlctlOn, such declslOn shall not affect the valIdIty of the remaimng portIons of thIS Ordmance. The CIty CouncIl hereby declares that It would have passed tlus Ordmance and each and every sectlOn, subsectIon, sentence, clause, or phrase not declared mvahd or unconstItutIOnal WIthout regard to whether any portIon of the ordmance would be subsequently declared mvahd or unconstItuttonal. SECTION 17. The Mayor shall SIgn and the CIty Clerk shall attest to the passage of thIS Ordmance. The CIty Clerk shall cause the same to be pubhshed once m the offiCIal newspaper \vlthm 15 days after ItS adoptIon. ThIS Ordmance shall become effectIve 30 days from Its adoptlOn APPROVED AS TO FORM: ~ARSHA JONES MOLTRIE CIty Attorney F 'ATn'".~1U);T'-LAWS".BARRY;STREETVE WPD 25 EXHIBIT B LIST OF PROPOSED REVISIONS TO STREET PERFORl\1ANCE AND STREET VENDING LA \VS: Citywide Vending Regulations: 1 Expand the category oflawful vendmg by creatmg a llfree speech vendmg" exemptIOn from the general street vendmg ban and allmvmg "free speech vendmg" at various~ specIfied locatIOns on the Promenade~ PIer and downtmvn sIdewalks. 2 ElImmate the "heartland exemptIOn" (wluch would be subsumed m the category of free speech vendmg) and also elImmate lldonatIve vendmg " 3 Reduce the penaltIes for Illegal vendmg by dO\vngradmg VlOlatIons from mIsdemeanors to mfractlODs. Citywide Performance Regulations: 1 Delete the creatIOn of tangIble art objects and personal servIces from the defimtion of performance and make related changes 2. ProhIbIt performmg whIch causes less than four feet of SIdewalk WIdth to be clear 3. SpecIfically prohIbIt performance exceedmg nOIse levels (thIS IS declaratIve of eXIstmg law) 4. Authonze CIty to COndItlOn permIts on code complIance (thIS IS declaratIve of eXIstmg law) 5. Authonze CIty to revoke or suspend a permIt upon second VIOlatIon III SIX months. 6. EstablIsh that second revocatIOn III two year penod IS for one year. 7. ReqUIre CIty to establIsh necessary admInIstratIve gUIdelInes, such as gUIdelmes for aIlocatmg free speech vendmg locatIons 1 Citywide Sidewalk Regulations: 1 Clanfy that obstructmg sIdewalks \VIth objects IS prohIbIted. 2 ProhIbIt placement of objects on sIdewalks wIthm ten feet of outer edge of entrance to busmesses, etc Special Regulations for the Promenade and Pier: 1 Clanfy that tables and carts must be portable 2 ProhIbIt canopIes, freestandmg umbrellas, tents, and sImIlar covenngs 2 EXHIBIT C