SR-11-E (7)
fC/ED~PO:SM:JM:~
Council MeetIng: 6/12/84
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Santa Monica, Callfornla
To:
Mayor and Clty Council
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From: City Staff
SUbJect: Recommendatlon to Approve Pllot Vendor Program for
Santa Monlca PIer and to Authorlze Clty Manager to
Execute Lease Agreements wlth Selected Vendors
IntroductIon
This report outllnes the selectlon process to be used for the
Santa MOUlca pier Vendor Program and SUffin1arlZes the program
gUldel1nes. The lease agreement for rental of space by vendors
appears as Attachment A. The report requests that Councll approve
the program and authorize the Clty Manager to execute the lease
agreements wlth selected vendors.
Background
At lts August 23, 1983 meetlng, the CIty Councll approved staff's
proposal for an experlmental program on the Santa Monlca Pier.
At that tlme Councll members requested lnformation wlth regard to
the process for selectlng vendors.
As Staff developed the selectlon procedures and progra~ gUldellnes
In consultatlon wlth the Clty Attorney It became clear that lease
agreement for rental of space would be needed and that Councll
approval would be requlred. Therefore staff is returning to
Councll wlth the requested selectlon 'nformatlon, the lease, and
the program gUldellnes WhlCh appear as an exhlblt to the lease.
Staff lS eager to have the program In place by July 1, 1984 and
aSKs that Councll Vlew thlS as a pllot program WhlCh will be
fully evaluated at the end of one year. The Pler Restoratlon
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JUN 1 2 1984
Corporatlon has reviewed and approved the program.
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Selectlon Process
The selectlon process has been developed to support the obJectlves
of the Vendor program.
These objectIves include: (1) increaslng
the number of V1Sltors to the Pler by offerlng more dlverse
products, (2) increaslng revenues to the Pler through rental of
addltional space, and (3) provlding an outlet for area artlsts
and craftspeople to sell and dlsplay theIr creatlons.
Selection of vendors wlll be made by a five-member selection
comm1ttee on a flrst-come, flrst-served basis accordIng to the
fol1owlng preferred categorles:
1. Hand made art or craft Item sold by the producer.
2. Hand made art or craft Item sold by a person other than
the producer.
3. UnIque mass-produced item not currently avallable on
the Pler.
Potentlal vendors wlll be Sollclted through advertlsement In
local newspapers.
The Selectlon COffiIDlttee wlll be composed of five (5) votlng
members and will 1nclude the Pler Operatlons Manager, a
representative of the De9artment of Communltv ann EconOW1C
Development, a reoresentatlve of the City Manaaer's offlce, an
Arts Commlssloner, and the pier Development Manaqer. The Pler
Restoration corporatlon WIll serve an advlsory role to the
Selectlon Commlt~ee.
The Selectlon COIDmlttee wlll be eva1uatlng
app11catlons for the followlng crlterla:
quallty and orlglnallty of the art or craft Item,
fit with overall mix of products on the pier,
design of dlsplay cart,
abllity of vendor to fulflll program requlrements.
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The Selectlon Comm1ttee wlll also asslgn space by ~eans of a
lottery, hear appeals, reVlew vendors for renewal, revoke
permits, approve any changes to orIg1nal carts, dlsp1ays, pr1ces,
products, approve any demonstrat1on of a product in the mak1ng,
and advise the City of Santa Monica wIth regard to the adm1nIstratlon
of the program. The progra~ w1II be admin1stered by the Pler
Operat~ons Manager.
Slnce thIS 15 a pllot program the members of the Select10n
Commlttee will serve for an lnltlal one year term, after which
t~me the program wlll be evaluated and regular terms estab11shed.
Appllcatlon Procedures
All appl~cants w~ll be requlred to submlt the follow~ng:
name, home address and phone of bUSIness owner(s) and
seller(s)
name, address and phone of buslness and status (corporatlon,
partnershlp, etc.)
descriptlon of business or product
SocIal Securlty number and Drlver LIcense Number of owner(s)
and seller(s)
three bUSlness references subm~tted In wrltlng wlth
appllcatlon, two (2) 5 x 7 black and whlte photographs of
owner(s) and each seller
two (2) 5 x 7 color photographs of cart or dlsplay
sellIng pr1ce of each lte~ to be sold
Appllcants with hand made art or craft ltems wlll be asked ln
addlt10n to supply two (2) samples of the product to be sold, one
flnlshed and one In progress, the tools used to produce each
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product, if portable, and sales recelpts for materIals used ln
produclng each product. The Selection Cornmlttee may elect one of
Its me~bers to VISlt the applicant's stUdlO to watch the product
belng made and/or they may choose to consult wlth an artist or
craftsperson In the applicant's fleld to determine eliglbillty
of an applicant.
ApplIcants wlth unlque mass-produced ltems wIll be asked to
prOVIde two samples of the product.
Upon submisslon of requlred appllcatlon mater1als, an appolntment
wIll be scheduled with the SelectIon Commlttee. If all vendlng
spaces have been asslgned at the time the appllcatlon 1S
submltted, the appllcation wlll be placed on a waitlng IlSt ln
the order receIved.
Vendor Reauirements
Upon approval of the Selectlon Commlttee, each vendor must obtaIn
and maIntaln throughout his/her participatlon ln the program the
followlng:
1. Clty of Santa Monica BUSlness Llcense
2. State of Callfornla Sellers Permit
3. Clty of Santa Monica Hold Harmless Form
4. Insurance: $500,000 General Liablllty
Rent and Operatlng Rules
Vendors wlll operate on a month-to-month basls pursuant to the
attached lease. Rental rates are $400 per month for the perlod
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May-September. The rate for the rema1uder of the year 1S $200
per month.
Vendor spaces wlll be located in the open area between Moby's
Dock and the Bumper Cars. Spaces will be
Ilned and numbered,
each neasur1ng 12' x 9'. The height Ilm1t for all carts or
dlsplays IS 61. ThlS area wIll accommodate up to 20 vendors
wlth the potentlal of asslgnlng additIonal spaces along the
north ralllng on Municlpal P1er. Spaces will be assIgned to
each vendor by the Selectlon Comm1ttee by means of a lottery.
All carts or dIsplays must be removed every day. Vendors wlll
be permitted to unload carts or d1splays between the hours of
8 AM - 10 kM only; load1ng will be permItted between the hours
of 7 PM to ffi1dn1ght.
Vendors w1ll be requ1red to observe the followlng mInlmum and
maX1mum hours of operation.
M1n1ffiUffi Hours:
~ay to September - every Frlday, Saturday, Sunday, from
10 &~ to 7 PM
october to AprIl - every Saturday and Sunday from
9 AM to 11 PM
MaXlmurn Hours: all months, Monday - Sunday, from 9fu~ to 11 PM
F1scaljBudget Impact
The recommended actIon w1ll have no lmpact on the FY 83-84 budget
Slnce the program wlll not be In operatlon untll the upcoffilng
f1scal year. The program 1S hoped
to 1ncrease revenues for
the Pler 1n the amount of 554,000. ThlS number 1S based on
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project~ons of 20 vendors dur~ng the f~ve summer months at $400
a month ($40,000) and 10 vendors durlng the rema~ning Wlnter
months at $200 a month ($14/000). ThlS projected revenue ~s
included In tee 1984-85 budget.
Recommended Actlon
Staff respectfully requests that Counc~l approve the pilot
Santa Mon~ca pier Vendor Program and authorlze the City Manager
to execute the attached lease agreement wlth selected vendors.
Prepared by: Susan Mull~n, Manager
C/ED Pler Operations D1V1Slon
JUdlth Melster, Manager
C/ED Pler Development DIV1Slon
Attach~ents: A - Vendor Lease Agreement
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ATTACHNENT A
LEASE AGREEMENT
Th~s Lease Agreement, entered in to thi s day of
, 19 , by and between the CITY OF SANTA
MONICA, a municlpal corporation (hereinafter "Lessor") and
(here1nafter uLessee") is made with reference to the
follow~ng :
R Eel TAL S
A. Lessor owns and operates the Santa Monica Pier and
acknowledges that the Santa Monica Pier is a valuable
recreational resource of the City of Santa Monica.
B. Lessee desires to lease a certain portion of real
property on or about the Santa Monica Pier upon the terms and
cond1tions hereln set forth.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. TERM.
Lessor hereby leases to Lessee upon each of the
covenants and condit.l.ons set forth herein certaJ.n real
property located on or about the Santa Monica Pier in the City
of Si:l:1ta Monica, California, commonly described as a pier
Vendor Space consisting of an open space measur lng 9 foot by
::..:::. ;:~..::' -La 5lze and more particularly desc ribed in Exh~bi t "A"
,,__~'-.. ~"'" 0. L L..a.~hed hereto and incorporated herein by reference
{herelnafter referred to as "Premlses"). The Lease Tenn shall
be on a month-to-month basis, canmencing on
Upon term~nation of
the Lease Term, Lessee shall Immed1ately surrender pas session
of the Premlses to Lessor.
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2. PREMISES.
A. Use.
The Prem.ses covered by thIS Lease Agreement should be
only such as are described in Section I above and Exhibit "A"
hereof. Lessee shall use the Prem~ses continuously during the
Lease Term under the trade name of:
and for the follovl1ng purposes:
Lessee shall dispense only those goods, wares and
merchandise and perform those services which are described in
Exhibi t "B" which is attached hereto and incorporated hereJ.n
by reference.
Lessor's prior written consent is required for any
change by Lessee 1n the use of the Premlses, Lesse' s trade
name or changes in products dJ.spensed or services performed by
Lessee.
B. Operation.
Lessee shall continuously use the Premises pursuant to
the minImum schedule of hours and days and maxJ.mum hours and
days set forth J.n the Pier Vendor GUJ.delJ.nes, or amendments
thereto. Such Pier Vendor Guidelines are attached hereto as
ExhJ.bit "c" and incorporated herein by reference.
C. Change in Ass~gned Vendor Space.
Any change ~n Lessee' s ass~gned pier Vendor Space must
follow procedures set forth in ExhJ.bi t "c" GUldelines, and
requires Lessee to execute a modificatlon to this Lease
Agreement to reflect such change in ass1gned Pier Vendor
::.pace.
3. COMPLIANCES.
A. Lessee Shall conduct all operations J.n
accordance wi th all laws and comply WJ. th all laws, state or
federal, ordinances, rules and regulations applicable to such
bUSlness in effect or herelnafter adopted by the City of Santa
ManJ.ca, County of Los Angeles, State of California, or the
United States.
B. Lessee agrees to comply with all rules and
regulatIons promulgated by the City of Santa Monica for the
admlnistration of the Santa Monica Pier Vendor Program,
Including but not limlted to the P1er Vendor Program
Guidelines set forth in Exhibit "c" hereto and agrees that
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Lessor may, at 1ts sole discretion, change such rules and
regulat10ns ufOn th~rty (30) days pr10r written notice to
Lessee.
4. RENT.
A. Security Deposit.
A security deposit of F~fty Dollars ($50) shall be paid
by Lessee upon issuance of a Pier Vendor Permit by Lessor.
Such security deposit w1ll be refunded to Lessee upon
expiration or termination of the Lease Agreement unless Lessee
~s ~n default of its rental obligat~on under the Lease or if
repairs to the Premises are required, in Which case the cost
of repa~rs or amount necessary to cure any default in rent
will be deducted fram the security deposit, and the remaining
amount, if any, shall be returned to Lessee.
B. Rental Rates.
On the fifteenth (15th) day of each and every calendar
month durIng the Lease Term, Lessee shall pay a sum set as
m~n~mum monthly rent (here~nafter "Monthly Rent") for such
month. Lessee shall pay as Monthly Rent the sum of Four
Hundred Dollars ($400) for the months of May through September
and the sum of Two Hundred Dollars ($200) for the months of
October through Apr11. All rent 1S non-refundable.
Monthly Rent for any fractional part of the month
between the commencement date of this Lease and the first full
cal endar month w~ th1n the Lease Term shall be prorated, and
paid by Lessee to Lessor along W1 th the first full month of
Monthly Rent due hereunder.
5. CONDITION OF PREMISES.
Lessee hereby accepts the Premises and their condition
eXIst1ng as of the Lease commencement date or the date the
Lessee takes posseSSIon of the Premises, whichever is earlier,
subJect to all appl~cable zonIng, municipal, county and state
laws, ordinances and regulat10ns governing and regulating the
use of the Premises, and any covenants and restrictions of
record, and accepts this Lease subJect thereto and to all
matters dlsclosed thereby and by any Exhibits attached hereto.
Lessee acknowledges that neither Lessor nor Lessor's agent has
made any representation or warranty as to the present or
future suitability of the Premises for the conduct of Lessee's
business.
Upon termination or exp1ration of this Lease Term,
Lessee agrees to immed1ately surrender possess~on of the
Prem1ses and agrees that the Premises shall be in a condition
wh~ch ~s at least equivalent to condit1on at the Lease
commencement date, less reasonable wear and tear.
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6. MAINTENANCE AND REPAIR.
Lessee shall at its own expense keep the Premises and
adJacent common areas in a safe, clean and san1tary condition,
and shall, upon expirat~on or termination of this Lease
Agreement return the Premi ses to Lessor in as good condition
as they now are, less reasonable wear and tear. Lessee shall
not allow refuse, garbage or trash to accumulate on the
Premises or adJacent cammon areas.
If Lessee fails to correct any unsafe, unclean.
unwholesome or unsan~tary condition created by Lessee with1n
48 hours after being noti fied in wr i t~ng to do so by Le ssor,
then the Lessor may enter the Premises and remedy the
condit~on or conditions, and charge the cost to Lessee w1thout
any 11abIlity for any resulting bUS1ness loss or damage. In
the event of an emergency, Lessor may immediately enter the
Premises to remedy an unsafe, unclean, unwholesome or
unsan1tary condit1on and charge the cost to Lessee if such
cond1tion arose fram the act10ns of Lessee or Lessee's agents.
Lessor shall notify Lessee of such emergency as soon as
reasonably poss1ble.
7. INGRESS k~D EGRESS.
Lessor reserves the right to enter upon the Prem1ses
covered by this Lease at any and all times during the term of
this Lease.
Lessor, at its opt10n and in 1ts sole discretIon, may at
any time control and limit access to, in, or about the Santa
Mon1ca P1er and Harbor area for the public health, safety,
welfare, or for any muo1cipal or public purpose. Lessor shall
not be 11able or respons1ble for any damages arising therefrom
to the Prem~ses, or to any business or operations of Lessee.
Lessee will remain liable for the full amount of rent
c.~d other sums due, except as hereinafter provided in thlS
~:: ::':..:..:::-.. In the event that such control and l1mi tat~on of
access renders the Premlses totally unusable for Lessee's
purposes for a period exceed~ng Twenty-Four (24) hours, then
from sa1d Twenty-Fourth (24th) hour Lessee shall be entitled
to a credit aga1nst the Monthly Rental payable of
one-th1rtieth O!30th) of said rental of each day from said
twenty-fourth (24th) hour that renders the Premlse s totally
unusable for Lessee's purposes.
Lessor reserves the right to regulate and restrict the
activi t1es of Lessee wi th regard to all deliveries, loading,
unloading and servicing of the Premises and Lessee agrees to
abide by such regulations of Lessor.
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8. TAXES.
Lessee shall exonerate, indemnify, and hold Lessor
hamless from and against, and shall defend Lessor from and
against, and shall assume full re5pons~bili ty for payment of
all wages or salarles and all federal, state and local taxes
or contr~but.lons imposed or requ~red under the Unemployment
Ins ur an c e , S 0 c ~ a I S e cur 1. ty , I n c om eTa x, and W 0 r k e r s ·
Compensation laws, or under other laws respecting Lessee. s
employees engaged 1.n the perfonnance of Lessee l s obligations
hereunder.
This Lease may create a p:lssessory 1nterest in public
property Which is subJect to taxation. In the event such
interest 1S created, Lessee shall pay any and all taxes levied
upon such interest.
Lessee shall pay any and all taxes upon personal
property and ~mprovernents belonging to Le s see and upo nits
possessory interest, if any, and property of Lessor, and
Lessee shall pay all sales and other taxes levied against the
operatlon of its business.
9. PERMITS AND LICENSES REQUIRED.
At the time of execution of th1S Lease Agreement, Lessee
shall be in posseSSIon of all 11censes and perrnlts requlred by
the P~er Vendor Guidelines set forth in Exhiblt C hereto.
10. INSURANCE.
Prior to the canmencement date of this Lease, Lessee
shall furn~sh Lessor certlf~cates showlng the type, amount,
class of operat1ons covered, effective dates and dates of
exp~ration of insurance pelicles. Such certificates, WhlCh do
not 11mlt Lessee.s ~ndemnificat1.on, shall also conta~n
substantially the following statement: uThe insurance covered
oy tne cert~ficate will not be cancelled or materially
aL~ered, except after tnirty (30) days written notice has been
r -;!c'.:'.lved by the Lesso r. "
It ~s agreed that Lessee shall maintain in force at all
t~mes dur~ng the performance of th~s Lease all appropriate
pol~cies of insurance, and such policies shall be secured from
a good and responslble canpany or canpanies, acceptable to
Lessor, doing insurance business in the State of California.
Lessee shall maintain the follow1ng insurance coverage:
A. Liab1lity Insurance.
The general liab1lity coverage shall provide the
follow1.ng ffilnimuffi limits:
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Bodily InJury ----- $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage --- $100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate limits in
the amount of $500,000 will be considered equivalent to the
required minimum lImits. All such coverage is to include
liab~lity for occurrences on the Premises.
B. Worker's Compensation.
All employees of Lessee must be ~ncluded under such
policy in an amount and WI th coverage to meet all requirements
of the Labor Code of the State of Cal~fornia.
C. Subrogation Wa~ver.
Lessee agrees that In the event of loss due to any of
the per~ls for Which ~t has agreed to provlde ~nsurance, that
Lessee shall look solely to ltS lnsurance for recovery.
Lessee hereby grants to Lessor, on behalf of any insurer
providing insurance to either Lessee or Lessor with respect to
the services of Lessee herein, a waiver of any r~ght of
subrogation Which any such insurer of said Lessee may acquire
aga~nst Lessor by virtue of the payment of any loss under such
insurance.
D. Failure to Secure.
If Lessee at any tlIDe during the term hereof should fail
to secure or ma~nta~n the foregOIng insurance, Lessor shall
after two (2) days notice be permitted to obtain such
.J.. u::> ilL ance In the Lessee' s name or as an agent of Lessee and
sha:..l be carpensated by Lessee for the costs of insurance
pre,'iumr. Lessee shall pay Lessor interest on pa~d lnsurance
prerrllums at th~ maximum rate permitted by law computed from
the date wr~tten not~ce was received that the premiums had
been pa J.d .
E. AddItlonal Insured.
Lessor, its City council, boards and commissions,
officers, agents, servants and employees shall be named as an
addItional insured under the policies of insurance requlred by
this Lease. The nam~ng of an addi tional insured shal] not
effect any recovery to which the traditional insured would be
enti tl ed to under this policy 1 f not named as such additional
insured; and an additional insured named herein shall not be
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held Ijable for any premlum or expense of any nature on this
policy, or any extension thereof. Any other insurance held by
an addi tional insured shall not be required to contr ibute
anything toward any loss or expense covered by the lnsurance
provIded by thIS pollCY. Proceeds from any such policy or
policles shall be payable to the Lessor prlmarl1y, and to the
Lessee secondarl1y, lf necessary.
11. HOLD HARMLESS.
Lessee shall indernnJ.fy and ho Id harm Ie s s Le s sor, its
City Council, boards and commissions, offlcers, agents,
servants, and employees from and against any and all actlons,
causes of action, obligations, costs, damages, losses, clavms,
liabJ.litles and demands of any nature whatsoever, including
reasonable attorneys' fees, regardless of the merit or outcome
of any such claim or sui t arising from or in any manner
connected to Lessee's use or possession of the PremJ.ses.
Lessee shall indemnify and hold harmless Lessor, its
City Council, boards and commissions, officers, agents,
servants and employees from and against any and all actions,
cause of action, obligations, costs, damages, losses, claims,
11abilItles and demands of any nature whatsoever, includlng
reasonable attorneys' fees, accruing or resulting to any and
all persons, firms, or corporations furnishing or supplying
work, services, materials, equlpment, or supplles in
connection with serVlces or work conducted or performed
pursuant to this Lease Agreement, and arising out of such
activl tles or work, and from any and all claJ.ms and los se 5
whatsoever, includJ.ng reasonable attorneys I fees, accruing or
resultlng from any person, flm or corporation for damage,
lnJury, or death arising out of Lessee's operations.
Without limltlng the generalIty of the foregoing, Lessee
hereDY agrees that Lessor, lts City Councll, boards and
canmissions, off1.cers, agents, servants and employees shall
lk;: 0':: .llaule for inJury to Lessee's business or any loss of
lIH_ulde "Cnerefrom or for damage to the goods, wares,
merchandl se or other prope rty of Lessee, Le ssee I s employees,
Inv~tees, custoLer3, or any other person in or about the
Prem~ses, nor shaJ.l Lessor, its City Council, boards and
commissions, officers, agents, servants and employees be
11.able for InJury to Lessee, Lessee's employees, agents or
contractors, whether such damage or J..nJury J..5 caused by or
results from fire, steam, electricity, gas, water or rain, or
from the breakage, leakage, obstruction or other defects of
pipes, sprinklers, wires, appliances, plumbing, air
conditioning or lighting fl.xtures, crime, or from any other
cause, whether the sald damage or inJury results from
conditlons ar~sing upon the Premises or upon other portions of
the Santa Monica Pier of Which the Premises are a part, or
frem other sources or places, and regardless of whether the
cause of such damage or lnJury or the means of repairing the
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same 1.S 1.naccessible to Lessee. Lessor, its City Council,
boards and com.nissions, officers, agents, servants and
employees shall not be liable for any damages arising from any
act or neglect of any other Lessee, l.f any, of the Santa
Mon1.ca Pier in wh1.ch the Premises are located.
12. PROHIBITION AGAINST TRANSFER.
Lessee shall not ass~gn, sublease, hypothecate, or
transfer this Lease Agreement, or any interest therein,
directly or ~ndirectly, by operation of law or otherwise. Any
attempt to do so shall be null and void, and any assl.gnee,
sublessee, hypothecate or transferee shall acquire no right or
~nterest by reason of such attempted assignment, hypothecation
or transfer. No such attempted assignment shall release
Lessee of any obligations herein.
13. DEFAULTS.
The occurrence of anyone or more of the follow1.ng
events shall const~tute a material default in breach of this
Lease by Lessee:
A. The vacating or abandonment of the prem1.ses by
Lessee.
B. The failure by Lessee to make any payment of
rent or any other payment required to be made by Lessee
hereunder, as and When due, where such failure shall continue
for a period of three (3) business days after written notice
thereof from Lessor to Lessee. In the event that Lessor
serves Lessee wi th a Notice to Pay Rent or Quit pursuant to
applicable unlawful detainer statutes, such Notice to Pay Rent
or QU1- t shall also constitute the notice requi red by this
subsect~on.
C. Except as specified in subsectlon E, the
iallure by Lessee to obs~rve or perform any of the covenants,
condItions or prov~sionE' oE this Lease to be observed or
perfonned by Lessee wher ~ such fa1.lure shall continue for a
perlod of three (3) day~ after written notice hereof from
Lessor to Lessee~ provided, however, that if the nature of
Lessee I s default is such that more than three (3) days are
reasonably required for 1. ts cure, then Lessee shall not be
deemed to be in default if Lessee canmenced such cure wi thin
three (3) day per1.od and thereafter dillgently prosecutes such
a cure to completion.
14. REMEDIES.
In the event of any such material default or breach by
Lessee, Le ssor may at any time thereafter, wi th or wi thout
notice or demand and W1- thout lImiting Lessor in the exercise
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of any right or remedy Which Lessor may have by reason of such
default or breach:
A. Terminate Lessee's r~ght to the Premises by
any lawful means, in Which case this Lease shall terminate and
Lessee shall immediately surrender p:>session of the Premises
to Lessor. In such event, Lessor shall be entitled to recover
from Lessee all damages ~ncurred by Lessor by reason of
Lessee's default, 1ncluding, but not limited to, the cost of
recovering possess1on of the Prem~ses: expenses of reletting,
1nclud1ng necessary renovation, repairs and alterations of the
Prem~ses: and reasonable attorneys fees.
B. Pursue any other remedy now or hereafter
available to Lessor under the laws of judicial decisions in
the State of California. Unpa1d 1nstallments of rent and
other unpa~d monetary ob11gat1ons of Lessee under the terms of
this Lease shall bear 1nterest from the date due at the
maximum rate then allowable by law.
15. TERMINATION.
NotW1 thstanding the terms of Section 14 hereof, Lessor
shall have the right upon thirty days prior written notice to
Lessee to terminate this Lease for any reason.
Lessee shall have the right upon thirty days prior
written not1ce to Lessor to terminate this Lease for any
reason.
16. NOTICES.
All notices, demands, requests or approvals to be gIven
under th1S Lease shall be given 1n wr~t~ng and shall be deemed
served When del~vered personally, or seventy-two (72) hours
after the depos1t thereof in the United States mail, postage
prepa~d, registered or certified, addressed as hereinafter
provided.
All notices, demands, reque&ts or approvals from Lessee
to Lessor shall be addressed to:
C1ty Hall
1685 Main Street
Santa Monica, Ca1~fornia 90401
Attention:
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All notices, demands, requests or approvals from the
Lessor to the Lessee shall be add.essed to:
17. WAIVERS.
No walver by Lessor of any provlslon hereof shall be
deemed a waIver of any other provlslon hereof or of any
subsequent breach by Lessee of this same or any other
provlsion. Lessor's consent to, or approval of, any act shall
not be deemed to render unnecessary the obtalning of Lessor's
consent to or approval of any subsequent act by Lessee.
Acceptance of rent hereunder by Lessor shall not be a waiver
of any preceding breach by Lessee of any provi Slon hereof,
other than the failure of Lessee to pay the particular rent so
accepted, regardless of Lessor's knowledge of such preceding
breach at the t1IDe of the acceptance of such rent.
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IN WITNESS WHEREOF, the partles havp- caused this Lease
to be executed the day and year first above written.
CITY OF SANTA MONICA
A Municipal Corporation
By
JOHN H. ALSCHULER, JR.
ci ty Manager
APPROVED AS TO FORM:
ROBERT M. MYERS
Cl ty Attorney
LE SSEE:
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SANTA MONICA PIER VENDOR PROGRAM
Purpose
The CIty of Santa Monlca Ple[ Vendor Program Intent IS to
increase PIer revenues through space rental, increase visitors to
the PIer by offerIng more dIverse products and provIdIng an
outlet to area artIst and craftspeople to display and sell theIr
creat1ons. Th1S wll1 be a p1lot program for other locat1ons In
the C1ty of Santa MonIca.
A - Appllcatlons
1. Appllcatlon forms can be obtaIned from the CIty of Santa
MonIca PIer Business Offlce located at 276 Santa MonIca PIer
or call (213) 458-8690 and one wIll be mailed to you.
2. Appllcatlons must be COMPLETE including a passport Size photo
of applIcant and each seller plus color photos of the
product{s) and all four sides of the cart or display before
an appOintment WIth the Selection Committee will be
scheduled. An applIcant WIll be notifIed WIthIn two weeks
from recelpt of h1s/her applIcatIon of his/her appOintment
date, t1me and locatIon with the Selection Committee.
3. All informatIon on an app applIcatIon WIll be verIfied before
his/her appOIntment IS scheduled with the Selection
Comm1ttee. If any InformatIon on the applIcatIon 15
dIscovered to be Inaccurate or Incomplete, the app11cation
WIll be returned to the applIcant and his/her name w1lI be
removed from the waItlng lIst.
An applIcant may correct/complete hIs/her application and
return it, but It will be revIewed accordIng to the date the
Program Monitor receives the corected applIcatIon.
The SelectIon CommIttee shall reJect any applicant who has
been conVIcted w1th1n the precedIng five year perIod of petty
theft, grand theft, burglary, robbery, embezzlement, fraud,
or any other crlme InvolVing moral turpltude unless the
Committee flnds that the person has successfully completed
any period of probatIon or parole.
4. If all vending spaces have been assigned when an applIcant's
applIcatIon IS receIved, hIS/her appl ica tlon W III be placed
on a waItIng lIst In the order receIved. ApplIcants wIl1 be
notIfied as soon as space IS available.
5. All vendors on the Santa MonIca Pier are requIred to possess
a valId pler vendor d1splay placard from the CIty of Santa
Mon1ca Wh1Ch 1S Issued by the Program Manager after all
reqUIrements have been met.
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B - Selectlon
I. A Select10n Commlttee wIll determine the el1giblllty of each
applIcant on a fIrst-come fIrst-serve bas~s according to the
following preferred categorIes:
a. Hand made art or craft Items sold by the producer.
b. Hand made art or craft Items sold by a person other than
the produce r. Th 1 S per son could be a f am 11y membe r,
employee or agent of the producer.
c. Un1que, qua11ty mass-produced Items (eg. kItes, balloons,
flags, beach toys etc.) not currently ava11able on the
PIer.
The Select10n CommIttee will attempt to f~ll all spaces wlth
Category fA before applIcants fallIng Into CategorIes iB, C,
are cons1dered. No applIcant WIll be reviewed by the
Select Ion Cornml t tee untIl the Program Manager has ver If ied
the application and scheduled the applIcant for an
appOintment before the SelectIon Committee.
The Selection Committee 1S charged w1th review and approval
of each app11cants product, cart or display, and experIence.
2. In order to have an applIcation reViewed and considered by
the SelectIon CommIttee, appllcants must appear In person on
the date and t1ffie scheduled for hIm/her.
If an applIcant Intends to have other persons act as
"sellers", these persons must also attend. Each permIt
Issued Will have a lImlt of three "sellers" inclUding the
applicant.
Definition of Seller - Person mannlng the cart or dIsplay
lnteractlng and sellIng to the publIC.
3. Appllcant must brIng ALL of the followlng to his/her
scheduled appolntment wlth the Selectlon Commlttee:
ApplIcants Wlth Hand Made Art or Craft Items
a. Two samples of the product you WIsh to sell: one flnlshed
and one 1n the mak1ng.
b. Tools used to produce each product, If portable.
c. Sales recelpts for materIals used in produclng each
product. These sales recelpts must show applIcant's name
and detail ltems bought.
d. Any change or addItional Information to applIcatIon.
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The Selectlon CommIttee may elect one of Its members to
VIsit the applIcant's studIO to watch the product belng made
and/or they may elect to consult WIth an artist or
craftsperson in the applIcant's fIeld to determIne the
elIgIbIlIty of an applicant. In such an event, the appllcant
wIll retain his/her posItion on the waItlng lISt.
Appl1cants WIth UnIque Mass-Produced Items
a. Two samples of the product you WIsh to sell.
b. Any change or addItIonal Informatlon to appllcatlon.
If any applicant appears before the SelectIon Committee
WIthout all of the above, the applIcatIon may be reJected.
If the applicant wishes to schedule another appointment to
appear before the Commlttee WIth ALL of the required
Information and materials, he/she may do so through the
Program Manager but he/she wIll be placed at the end of the
current waitIng list.
C - FIer Vendor ReqUIrements
WIthIn two weeks from the date approval to partIcipate as a PIer
Vendor IS receIved from the SelectIon Commlttee, the applIcant
must comply WIth the following reqUIrements:
1. CIty BUSIness LIcense -
Send or delIver to the Program Manager the orIgInal and one
copy of the appllcant's current C1ty of Santa Mon1ca BUSIness
License. ThIS 11cense IS Issued by the Llcense DIVISIon at
CIty Hall between 8 A.M. and 5 P.M. weekdays.
2. State of Cal1fornIa Sellers PermIt -
Send or delIver to the Program Manager the orIgInal and one
copy of the applLcant's current Sel1ers PermIt issued by the
State of California Board of Equallzatlon. The nearest
locatlon 1S the offlce at 11870 Santa Monlca Boulevard In
West Los Angeles, 820-1411 or 879-0600. ThIS permIt is free
but you must appear 1n person and brlng your drIver's
lIcense, soclal securIty number, three references, name of
your supplIers and estimated monthly gross sales. The
Sellers Permit does not have an expiratlon date. It is
effectlve indefInItely providlng all Income taxes are
reported in accordance with State regulatIons.
3. Pler Vendor Lease -
Send or delIver to the Program MonItor the orlglnal SIgned
Pler Vendor Lease agreement attached. ThIS agreement must be
read and SIgned by all Sellers.
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4. PIer Vendor Rent -
Send or del~ver to the Program Manager a cash~ers check or
money order made out to the C~ty of Santa Mon1ca for the
securIty deposlt and flrst perIod rent.
Monthly rental fees are due on the 15th of the current month
for the fol10wlng month.
Rental Rates -
May, June, July, August, September = $400 per month. October,
November, December, January, February, March, Apr~l = $200
per month.
Rent is nonrefundable. If a vendor does not Intend to
contInue as a vendor, he/she must not1fy the Program Manager
In wrltlng by glvlng 30 day wrltten not~ce In the manner
provided by Clv~l Code SectIon 1946.
5. Upon receIpt of the materIals required In SectIons C-l
through C-4 the Program Manager w~ll Issue to the applicant
as eVIdence of a PIer Vendor Lease Agreement a thermo-sealed
dIsplay placard WhICh shall contaIn: (a) the names and
photographs of the vendor and all approved sellers; (b) the
orIgInal City of Santa Mon~ca Buslness LIcense; (c) the
or1gInal State of CalIfornIa Seller's PermIt; (d) the
aSSIgned vendor space number: (e) approval for production
demonstratIon If appl1cable.
All PIer Vendor dIsplay placards must be promInently
dIsplayed at all times whIle operatIng on the P~er. The
Program Manager IS authorIzed to dIrect a vendor on the
placement of hiS/her dIsplay placard.
Absolutely no addItIons, deletIons, or alteratIons are to be
made on the d~splay placard. A $5.00 fee payable to the CIty
of Santa MonIca WIll be charged for any reVIsions to a PIer
Vendor dIsplay placard made necessary because of changed
CIrcumstances (e.g., tradIng aSSIgned space, addItIon or
deletIon of an approved seller etc.).
Coples of all of the materIals contaIned In the P~er Vendor
dlsplay placard; the original applIcation; the origlnal,
SIgned PIer Vendor Lease Agreement; the orIgInal Certlf1cate
of Insurance and a copy of the vendor's f~rst month's rent
receipt WIll be flIed 1n the Program Manager's office.
6. The Pler Vendor Lease Agreement wll1 be on a month to month
baSIS.
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D - Space and Lottery
1. The Selectlon Commlttee wIll asslgn a space by number to each
newly approved vendor by means of a lottery. The lottery
wll1 be held at the close of each vendor selectIon meetIng of
the Selection Commlttee.
2. Vendor spaces are located between Moby's Dock and the Bumper
Cars on the "Newcomb" Pler. Spaces wlll be pre-11ned and
numbered, each measuring 121 X 9'. Helght Ilm~t for al1
carts or dlsplays lS 61. Vendors are responsIble for keeplng
the alsles adJacent to thelr space clean and free of hazards
at all tlmes providing trash receptacles and cleanIng
materlals if necessary. The Program Manager 1S authorIzed to
require any vendor to remove items or clean hIs/her space or
adJacent aisle.
3. Approved vendors wlll recelve one aSSIgned space only. No
vendor, Includlng indlv lduals, partner ships or corporatlons
and other buslness entItles wlll be permltted more than one
vendlng space on the Santa Monlca PIer.
4. Vendors may occupy only that aSSIgned space. No cart,
dIsplay or any other Item belongIng to a vendor may be
located outslde of hls/her aSSIgned space.
5. Vendors contInuing from one month to the next may change
hIs/her aSSIgned space by submIttlng wrItten notlce of
hIS/her w1sh to do so to the Program Manager by the 15th day
of the current month. l'he wrltten notIce must IndIcate the
space number Into wh ich the vendor wishes to move the
follOWIng month. No change In space may occur untIl
executIon of the approprIate modIfIcatIon of Agreement is
executed by the CIty.
PrIorIty for asslgned spaces is based on attendance In the
previous month. In the event of a tIe, the vendor WIth
senIorIty wlll have pClorlty.
6. Sen10rlty IS calculated on contInuoUS, unlntercupted
partlcIpat10n on mlnlmum days of operatIon flrst; and then;
In the event of a tIe, part~cipat~on durIng maXImum days of
operatIon w1ll be calculated second.
7. Vendors may mutually agree to exchange aSSIgned spaces WhICh
may be permitted If a wrItten request to do so signed by both
vendors Involved 15 sent or delIvered to the pcogram Manager
and wrItten approval to do so IS receIved by both vendors
from the Program Manager. The Program Manager 15 author ized
to deny such requests 1f It 1S determlned to be In the best
Interests of the publIC or the program. No change In space
may occur until executIon of the appropriate modlfication of
Agreement is executed by the City.
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8. No vendor may sublet or asslgn hls/her space. (This policy
was adopted to protect those who have gone through the
applicatlon process and are on the waltlng list.) No others
may staff the cart or dlsplay except in the case that the
vendor or approved seller takes a personal break or lS In the
process of loadlng or unloadJ.ng hIs/her dIsplay. However,
1n no event may the approved seller leave hIS/her cart or
display for more than one hour. The vendor is responsIble
for the conduct of his/her sellers and hIS/her products, cart
and dlsplay at all times.
E - Carts or Dlsplays
1. Deflnltion-
A vendors cart or dlsplay 15 every ltem brought on to the
Pler for the purpose of operat1ng the vendor business. ThIS
1ncludes any tables, chaIrs, carts, unbrellas, tarps, tents,
table cloths, SIgns, waste baskets, storage boxes, vertical
or horlzontal stands, personal Items (eg. baby chalr or pen),
easels, eqUipment for produc1ng product or any other item to
be placed ln vendor's asslgned space needed to present the
product 1n the most posltlve manner.
2. Color photos of each vendor's cart or dlsplay showlng all
four sldes as it 15 to be set up on the Pler must be attached
to the vendor's appl1catlon. These photos WIll be forwarded
to the Selectlon Commlttee for reVlew and approval durlng
your appolntment w1th that Cornmlttee. If any changes to your
cart or display occur between the submittal of the photos
WIth the appl1catlon and your appolntment wlth the Select10n
Commlttee, brlng to your appolntment a new set of photos
showlng the 4 sldes of your new or changed cart or dlsplay.
3. The Selection Commlttee wl11 reJect, approve, or approve wlth
alteratlons your cart or dlsplay.
4. If the CommIttee reJects an appllcant's cart or dIsplay,
he/She may make another aPPolntment for the Committee to
reVIew a new cart or dlsplay wlth the Program Manager, but
such appliant's name WIll be placed at the end of the current
wal t1ng llst.
5. If the CommIttee approves an appllcant's cart or dlsplay as
presented In the photographs and approves his/her product,
the Program Manager will retaIn the photos of the cart or
dlsplay 1n the Program flIes.
6. If the CommJ.ttee approves an appllcant's cart or dlsplay as
presented In the photographs wlth alterations, the Program
Manager wlll retaIn the photos and note the reqUIred
alteratIons for the Program flIes. WIthin two weeks from the
date of an appllcant's appOl.ntment wlth the Selection
CommIttee, a new set of color photos showing the 4 sldes of
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the cart or dIsplay w~th the requIred alteratIons completed
must be sent or delIvered to the Program Manager to be placed
In the Program flIes.
7. All Items In a vendorls dlsplay must have the prIor approval
of the Selection CommIttee. No changes to approved carts or
dlsplays Includlng paIntIng a new color WIll be permItted
unless approval IS obtaIned from the SelectIon Commlttee to
do so.
8. If a vendor wIshes to change or add to hIs/her approved cart
or display, he/she may request such approval from the
SelectIon CommIttee by sendIng or delIverIng a wrltten
request wIth photos of the new or changed cart or dlsplay
shOWIng the 4 51des to the Program Manager. The Program
Manager WIll schedule It to be presented to the SelectIon
CommIttee at the next possIble meetIng.
9. In general, the SelectIon CommIttee will be lookIng for carts
or dIsplays that present the product In an attractIve manner,
blend wIth the PIer and ocean enVIronment, are InterestIng or
orIgInal and keep the product off the floor of the PIer.
10. All carts or displays must be removed every day. NothIng may
r~maIn on the PIer. No storage WIll be provided by the City.
There WIll be no exceptIons. Any items left by a vendor
after he/She has left for the day may be confIscated by the
CIty and dIsposed of In any manner the CIty desires.
11. No radIOS, TVls, cassette players or any other loud nOlses
Includlng the vendorls VOIce are permItted.
12. Due to the weIght lImIts on the PIer, the Selection CommIttee
may request the gross weight of any cart, dIsplay or vehIcle.
Vendors must be prepared to furnIsh the accurate weIght of
hls/her cart, dIsplay or delIvering vehIcle.
The weIght lImIt on the MunICIpal PIer IS 12,000 Ibs., and
6,000 lbs. on the "Newcomb" PIer. Any cart, dIsplay Ot
vehlcle close to these llffilts must be examlned to be sure the
weIght load IS spread suff1ciently to aVOId damage to the
structure of the PIer.
F - ParkIng, Loading and UnloadIng
1. ParkIng
All vendors must park In the 1550 beach 10t north of the Pler
leavlng the PIer lot open for Pier customers. A monthly
parkIng stIcker for thIS lot can be purchased at the
Department of Recreatlon and Parks In CIty Hall Monday thru
FrIday 8 A.M. - 5 P.M. for $10 per month. No vehIcles may
remaIn on the PIer.
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2. UnloadIng Cart or Dlsplay
UnloadIng of carts or displays wIll be permItted between the
hours of 8 A.M. and 10 A.M. only. Vendors arrlVlng after
thIS tlme wlll not be permitted to set up that day and wIll
be marked absent on hIS/her attendance record.
3. Loadlng of Cart or Display
Loadlng of carts or dIsplays wlll be permltted between the
hours of 7 P.M. and mIdnIght.
4. Any vendor wIshIng to cease busIness for that day due to an
emergency and load hIS/her cart or dIsplay prIor to 7 P.M.
must fIrst contact the Program Manager or hIS/her deslgnee
who wIll note the hours In attendance for that day on the
vendo["'s attendance record. If the Program Manager or
als/her deslgnee IS not available, the vendor may cease
02 ~- ClOD, load hls/har cart or dIsplay and contact the
Program Manager the next day.
5. Vendors .1Iust provide dollies or oth?r means of transportlng
hiS/her cart or dIsplay from the MunlClpal PIer roadway to
the assIgnea space.
6. No vehIcles wIll be permItted on the "Newcomb" PIer vending
area at any tlme.
7. ~-Jhlle loadlng and unloddlng, vendors must park. vehlcles
parallel to the curb. Vendors may not double park.
If tne curb dIrectly In franc of tn2 vendIng area IS occupled
by other vendors, vendors waltlng to load or unload must park
parallel to the curb east of the vending area and walt theIr
turn or load and unload from that POSItIon.
If I t becomes necessary to staggzr vendors loadIng and
unloadIng tImes due to vehIcle congestIon, the Program
Manager IS authorlzed to do so and ["equlre the complIance of
all vendors.
In no event may vendors block the MunlCIpal PIer roadway
WhlCh IS the fIre/emergency access to the west end of the
PIer.
G - Hours of OperatIon
1. All vendors are requIred to observe the followln9 ffilnlffium and
maXlmum hours of operatlon on the Santa MonIca PIer.
MInImum Hours and Days -
:1 a. y, J un e, J u 1 y, Au 9 u s t, .::i e p t e ill b e r - eve r y F rId a y, Sat u r day
and Sunday from 10 A.M. to 7 P.M.
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October, November, December, January, February, March, April -
every Saturday and Sunday from 10 A.M. to 7 P.M.
MaXimum Hours -
All months - Monday thru Sunday from 9 A.M. to 11 P.M.
H - Attendance
In order to achieve one of the obJectlves of this Program -- to
1ncrease Visitat10n to the Pler by offer1ng unique and dIverse
produ~ts -- attendance 1S of maJor importan~e to the CIty and
will be a maJor conSIderatIon by the SelectIon CommIttee 1n
revlewlng each vendors performance.
1. An attendance record wIll be kept by the Program Manager.
Each vendor must slgn tIme In and tIme out on thiS attendance
record. The Program Manager may deSignate a vendor or a City
employee on the Pler to retaIn posseSSlon of the attendance
records for the tlmes during Wh1Ch the Program Manager is
unavailable.
2. It IS the vendor's responsibillty to Insure that he/she
receIves proper credit on attendance records by slgnlng in
and out.
3. All vendors must be present dur1ng the mInlmum hours and days
of operatl.on.
4. If an emergency arlses and a vendor must leave, ne/she must
notlfy the Program Manager or hls/her des1gnee as soon as
pOSSIble.
5. Once a vendor unloads hls/her cart or dIsplay for the day
whether It IS a mlnl.ffiUm day of operatIon or not, he/She may
not cease operatlon and leave for th2 day before 7 P.M.
unless an emergency arlses.
6. Any vendor not present by 10 A.M. w1l1 be marked absent on
the attendance record that day, InclUdIng vendors absent for
emergency reasons.
7. No vendor wIl1 be perm1tted to unload his/her cart or dIsplay
after 10 A.M. any day whether a mInImum or maXImum day of
operatlon.
8. Any vendor absen t dur Ing the m In 1 mum hour s and days of
operatIon for any reason including emergencles more than
tnr ee days or 27 hour s in one moo th du r Ing the mon ths of Nay,
June, July, August and September may have hls/her Pler Vendor
Lease Agreement termInated.
Any vendor absent during the mlnlmum hours and days of
operatIon for any reason Includlng emergencles more than two
days or 18 hours in on2 month dur1ng tne months of October
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through AprIl may h3ve hls/h~r PIer Vendor Lease Agreement
termInated.
Absence for emergency or llln~ss !ll3.Y be excused by the
Select~on CommIttee.
9. On any raln~d out or unreasonable day (due to 'N1nd
condltlons, fog or threat of raIn, etc.), vendors WIll be
given ~redlt for attendance. When not readlly apparent, a
"raIn day" will be determIned by a majorIty vote of all
vendors present. The Program Mana~er WIll record the vote.
One year from the startIng date of the Program, the CIty and
tne SelectIon CommIttee Wlll reVIew the performance of the
Program. At that tIme, they WIll determlne the effectIveness
of the Program.
I - Cnanges to Carts, DIsplays, Products, Prlces or Sellers
1. No changes to the above are permItted WIthout wrItten
approval from the Selectlon Commlttee.
2. If an applicant WIshes to make any changes or additions,
submIt a written request to do so to the Program Manager and
Include reasons for the requested change.
Tne Program Manager WIll schedule an appOIntment for an
applIcant before the SelectIon CommIttee at the next pOSSible
meetIng.
3. An applIcant must brlng all of the materials and information
noted in Section 83 to hIs/her appOIntment. In some cases a
new applIcatIon must be compleced.
J - Conduct of Vendors and Sellers
rne success of thIS Program depends largely on the IndiVIdual
vendor. The Santa MonIca PIer IS a faCIlIty used by CItIzens
from not only Los Angeles County but from allover the world.
The vendor's att~tude and 4nteract~on WIth the PIer VISItors must
at all tImes be courteous and respectful. l'he CIty'S maIn goal
1S to promote the Santa MonIca PIer as a recreatIonal faCIlIty
for all people, and a vendor's InteractIon may be a maJor factor
In formIng a VIsitor's opInIon of the Santa MonIca PIer.
1. No vendor shall verbally nor pnyslcally threaten anyone WIth
phYSIcal harm or InJury.
2. No vendor shall phYSIcally assaIl, batter or attack anyone
except when exerCISIng h~s/her rIght of self defense.
3. No vendor shall use prOfanIty (curse or swearwords) at any
tIme whIle on the Santa MonIca Pler.
4 . No v end 0 r s hall res 0 r t to t h ,= use 0 f e t h n 1 C , r a c 1 a I no r
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sexual slurs nor demeaning or Insulting comments towards
anotner at any time while on the Santa MonIca Pier.
5. No vendor shall trespass u20n the property of another vendor,
Pier lessee or the City for the purpose of WIllfully
destroYIng or causIng damage.
6. No vendor shall harangue nor harass verbally or otherwise any
vendor to the pOInt where the VIctIm of such harassment or
harangue is reasonably dIstressed to such an extent that It
interferes WIth the VIctIm's attendance or performance at the
program.
7. No vendor shall expressly downgrade, insult or crItIclze the
qualIty of any product presented by any other vendor
partiCIpatIng In the Santa MonIca Pier Vandor Program when
communicating to a customer, potent1al customer or any Pler
vis1.tor.
8. No one may dI:lnk alcohollC beV'eI:ages In publlC on the Santa
MonIca PIer. No vendor shall operate on the Santa MonIca PIer
whlle IntOXIcated.
9. No dogs are allowed on the Sdnta MonIca PIe I: at any tIme.
10. No vendor shall VIolate any prOVISIons of federal, State or
local law relatlng to consumer protectlon and other leg~l
requ~rements.
The Clty of Santa MonIca Pier Harbor Guards are on duty 24 hours
every day. They are avaIlable to assist any vendor requirIng
med1cal or PolIce help. Th2It offIce 1S located across fI:orn the
venchng area.
It shall be the duty of all vendors to report obJectIonable
conduct InconSIstent WIth thIS Program to the Program Manager.
K - Demonstratlns_the ProductIon of Products
Vendors are encouraged to demonstrate the makIng of theIr product
whenever pOSSIble. The SelectIon Comml~tee WIll reVIew the
process prior to grantIng permISSIon to demonstrate. Publ1C
s~fety WIll be theIr IDaln conSIderatIon. Approval for productIon
demonstratIon will be IndIcated on the Pier Vendor PermIt.
L - DefinitIons of Hand Made Art or Craft Items
1- PaIntIng Macrame Sculpture CeramICS
CastIng Glass Work riood Work TextIles
Graphic Arts Wax Jewelry Leather
Photography
2. Other categOI:leS of work are acceptable as approved by the
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20. When part of a flnlSh€o art or craft Item IS a commercIally
purchased wooden plaque, It illuSt be plaIn and sImple of
desIgn. (Bevelln3 IS permlssable; no extra decoratIons or
woodworkIng IS acceptable.)
21. When part of a fInIshed art or craft Item 1S a commerclally
purchased tlle, It must be plaIn. Allover repetltive
deslgns are acceptable. PortraIts, scenes or prInts that
provIde a focal pOInt are not acceptable.
22. CommercIally pre-prlnted clock faces, unless deSIgned by the
craft:sperson, are not permItted. CommerCIally purchased
numerals may be used.
M - TermInatIon
1. Any vendor may termlnate hlsjher Lease agreement at any tlme
by submIttlng wrItten notIce of Intent to do so to the
Frog ram Manager.
2. The CIty may termInate thIS Pler Vendor Lease agreement for
VIolatIons of any prOVISIons of such Lease or these Pler
Vendor GUIdellnes by gIVIng the vendor 3 day wrltten notIce
of Its Intent to do so WhICh WIll speclflcally state the
reasons for such actIon. The CIty may termInate Agreement
WIthout cause upon 30 day wr1tten notice.
3. No rent refunds, credIts or proratIon w11l be gIven to any
vendor for any reason.
N - Selectlon COmmIttee
1. The Santa Monica PIer Vendor Program SelectIon CommIttee
shall be establIshed to reVIew and select vendors, hold space
lotterIes; approve chan-=res to orIgInal carts, dIsplays,
products, sellers, etc, approve demonstratIon of product In
tne makIng, and adv1se the CIty of Santa MonIca concernIng
the admlnlsration of the Program.
2. Terms WIll be for one year. After the InIt1al year, the
Program WIll be reVIewed by the CIty CounCIl. If the CIty
COilnCIl deCIdes to contInue the Program, the term for
following years will be deCIded at that tlme.
3. The Selectlon CommIttee shall conSIst of fIve (5) vot1ng
members, all of wh1ch WIll be CIty employees.
4. Three of the five members of the CommIttee shall constItute a
quorum for the purpose of transactIng all buslness.
5. The SelectlOn CommIttee shall elect from Its melubers a
chaIrperson, vIce-chalrperson and secretary for a term of one
year ea::::l1.
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6. Any Selection Commlttee member unable to 3ttend a sCheduled
meetlng shall notlfy the chairperson or Vlce -chalrperson 1n
advance.
7. rlInes, notlces of dates and locatIons of the Selection
CommIttee meetIngs will be sent by the Program Manager at
least seven days pr10r to th~ meet1ng.
o - Rules and RegulatIons
1. The Clty of Santa I.lonlca shall promulgate rules ::lnd
regulatIons for the admInIstrat10n of the Santa MonIca PIer
Vendor Program as are reasonably necessary to Implement lts
oOJectives. In promulgatIng these rules and regulatlons, th~
CIty shall consider any advIce or suggestIons mad~ by the
SelectIon Committee, but shall not be bound by them.
2. Any and all rules or regulat10ns establIshed by the City
subsequent to the s1gn1ng of th1S Vendor/CIty agreement wlll
become an Integral part thereof reqU1rIng the slgnlng and
complIance by all vendors.
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SELECTION COMMITTEE MEMBERS
SANTA MONICA PIER VENDOR PROGRAM
CITY OF SANTA MONICA REPRESENTATIVE
Susan Mullin
c/o Pier Operations Office
276 Santa Monica Pier
Santa Monica, CA 90401
458-8689
PIER RESTOR~TION CORPORATION REPRESENTATIVE
Ern i e Pm....e 1 1
1725 Promenade, #514
Santa Monica, CA 90401
385-9111 (v.J)
393-8552 (h)
SANTA MONICA ARTS COMMISSION REPKESENTATIVE:
Bruria Finkle
1225 Hill Street
Santa Monica, CA 90405
452-2227
SANTA MONICA PIER LESSEES ASSOCIATION REPRESENTATIVE:
Barbara McCoy 451-2298 (w)
c/o New Pier Corporation 399-0319 (h)
322 Santa Monica Pier
Santa Monica, CA 90401
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ll-A: VE~DCRS OF FOOD AND ?RCCCC~: Presented was a sta== =e~ort
reco~~end~ng (1) the C~ty Attorr.ey be directed ta rev~ew seC~lO~S ot
the ~unicipal Code appl~cable to veneors, pushcart venders, ~a~kers
and peddlers and determine whet~er any changes, clar~=~catlcns anc
consolldatlons may be appropriate; (2) staff be d~rected, a=~er
consultation with t~e City Attorney and Ch~ef of Pollce, to ~~plement
a vendor program at Santa ~onica Pler as descrlbed i~ the staff
report for one year; (3) withln Slxty days after conclusion of t~at
one year Pler vendor program, staff ?resent to Cauncll an evaluatlcn
of the progr~~ together wi~h any recommendat~ons for vendor programs
at additlonal Clty locations lncludlng the Thlrd Street ~all, Ccea~
Front Promenade and Palisades Park; (4) the Pler budget approprlatlon
for Salaries and Wages be ~nc=easec by $4/260.00 and for Supplles and
Expenses by $1,400.00; and (5) the Pier revenue est~~ate be ~~creasec
by $133/200.00.
The matter was opened to the public. Richard Tyner spoke in
oppositlon to permltting vendors who compete w~th establlshed
bUSlnesses. ~urray Gould spoke in support of perrnltting vendor
carts. Councilmember Zane ~oved to approve the sta=f reco~T.encaticn
proceedlng wlth a Pler vendor program as a one year exper~~ent and
directing that, before selecting Pier vendors, staff ?repare ~n
writing, for individual Councll~ember review, the select~on cr~ter~a
procedures by which vendors are to be selecteds =or t~e thirty-some
booths on t~e Pier. Second by Counci:member ~psteLn. ~fter
d~scuss~on, the motlon was approved by the following vote:
Council Vote: Cnanl~ously approved 6-0
Absent: Counc~lmember ~eed
CITY COUNCIL MINUTES
August 23, 1983