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SR-410-001-02 (3) L(IO-OCJ/-O"Z- ~ MAY 2 4 198B Santa Monica, California CA:RMM:edvend2a/hpca City Council Meeting 5-24-88 STAFF REPORT ! J C 1 ,- ~~--- TO: Mayor and City Council FROM: city Attorney Ordinance Adding section 3611C to the Santa Monica Municipal Code to Allow Open-Air Vending on the Pedestrian Mall in city Approved Areas SUBJECT: At its meeting on May lO, 1988, the City council introduced for first reading an ordinance adding section 361lC to the Santa Monica Municipal Code to allow open-air vending on the Third Street Promenade. The ordinance is now presented to the city council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney &-c MAY 2 4 lQS8 CA:RMM:dld002ajhpca City council Meeting 5-24-88 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 36l1C TO THE SANTA MONICA MUNICIPAL CODE ALLOWING OPEN-AIR VENDING ON THE PEDESTRIAN MALL IN CITY APPROVED AREAS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 3611C is added to the Santa Monica Municipal Code to read as follows: SECTION 3 611C. Open-Air Vending. Notwithstanding any other provision of this Code, open-air vending and similar retail activities may be conducted in areas approved by the Ci ty on the pedestrian mall established pursuant to section 3611 of this Code. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid - 1 - . or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~'"'-.~ ROBERT M. MYERS 0 - . City Attorney - 2 -