SR-02-27-2007-7C
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J City of
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City Council Report
City Council Meeting: February 27,2007
Agenda Item: :::r c-
To:
Mayor and City Council
From:
Marsha Jones Moutrie, City Attorney
Subject:
Introduction for First Reading of an Ordinance Regulating Sampling on the
Pier and Third Street Promenade
Recommended Action
Staff recommends that the City Council introduce for first reading the attached,
proposed ordinance clarifying that permits are required to conduct sampling activities on
the Pier and Third Street Promenade and that the Pier Restoration Corporation and the
Bayside District Corporation may authorize temporary sampling activities pursuant to
their services agreements with the City and on certain conditions which protect the
public safety and welfare.
Executive Summary
The City Council has directed staff to prepare an ordinance on sampling. The attached,
proposed ordinance would clarify that the Bayside District Corporation (BCD) and the
Pier Restoration Corporation (PRC) have the authority to authorize temporary sampling
activities on the Third Street Promenade and Pier, respectively.
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Discussion
As reported to the City Council last year by the Resource Management Department, a
wide range of commercial enterprises seek to promote their products on the Pier and
the Third Street Promenade by distributing free samples or promotional materials from
tables or stands or by utilizing pedestrian employees to hand out their products or
materials to other pedestrians. Services agreements with the BDC and PRC permit
both of those entities to manage product sampling. However, the Municipal Code has,
in the past, been interpreted to prohibit sampling as unlawfully conducting business
outdoors. Moreover, sampling might also be viewed as unauthorized vending.
Accordingly, Resource Management staff sought clarification from the Council of its
policy preference on sampling.
The Council considered the matter and voted to expressly allow sampling on the Pier
and Promenade subject to licensing or permitting requirements. The attached,
proposed ordinance would provide the necessary clarification. It would authorize
sampling on the Promenade and Pier subject to permit or license conditions ensuring
compliance with applicable laws and protection of pedestrian traffic, emergency ingress
and egress, access to buildings and services, and aesthetics.
When it considered sampling last year, the Council also voted to prohibit sampling on
other public property. Because the Zoning Code already prohibits doing business
outdoors in the City without specific legal authorization, that prohibition may already be
in place. Moreover, the Council can consider making a general prohibition against
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sampling explicit when the Code is updated in conjunction with the update to the Land
Use and Circulation Elements of the General Plan. For the time being, sampling on
property other than the Pier and Promenade is apparently not a problem.
Alternatives
The Council could decline to approve the proposed ordinance, in which case the
possible conflict between the services agreements with the BDC and PRC and the
Municipal Code would remain unresolved.
Budget/Financial Impact
There would be no direct fiscal impact to the City attendant upon the adoption of the
proposed ordinance. Permit or license charges for sampling would be paid to the BDC
and PRC to help cover the expenses of administering the program and to generate
revenue to support their other work.
Prepared by:
Marsha Jones Moutrie, City Attorney
Approved:
Forwarded to Council:
amont Ewell
ity Manager
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f:\atty\muni\laws\mjm\sampling-1.doc
City Council Meeting 2-27-07
Santa Monica, California
ORDINANCE NUMBER
(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 6.36.110 TO THE SANTA MONICA MUNICIPAL
CODE RELATING TO SAMPLING ON THE PIER AND PROMENADE
WHEREAS, Santa Monica's Third Street Promenade and the Pier are popular
public spaces offering a variety of recreational and commercial opportunities for
residents and visitors; and
WHEREAS, because these spaces attract large crowds, many businesses seek
to conduct sampling activities there; and
WHEREAS, sampling activities yield economic benefits and enliven these
spaces; and
WHEREAS, unless regulated to protect the free flow of pedestrian traffic,
emergency ingress and egress, access to buildings, and aesthetics, sampling activities
may impact public safety and welfare; and
WHEREAS, requiring sampling permits, issued by the Bayside District
Corporation and Pier Restoration Corporation pursuant to their Services Agreements
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and in keeping with the terms of this Ordinance, will avert risk to public safety and
welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6.36.110 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 6.36.110. Sampling on the Pier and Third
Street Promenade.
No person may engage in the activity of distributing
samples of goods, wares, merchandise, products or services
on the Municipal Pier, Newcombe Pier or Third Street
Promenade without a permit or license from the Bayside
District Corporation or Pier Restoration Corporation issued in
accordance with the corporation's Services Agreement with
the City. Any such license or permit shall be conditioned so
as to ensure compliance with applicable laws and to protect
the free flow of pedestrian traffic, emergency ingress and
egress, the aesthetic qualities of these public spaces, and
public access to all businesses and services.
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
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inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect 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 or unconstitutional by a decision of any
court of 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 30 days from its adoption.
APPROVED AS TO FORM:
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