sr-091774-11a- Santa Monica, California, Seutember 6, 1974
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TO: Mayor and City Council,. ~ r~~~. ~~~
FROM: City Staff `~ ~ a. ~ s
'~ SFp ~
~ ~ SUBJECT: 'Amendments to Maly Regulations Regarding Playinff _ ;~~~~ ~~~
L - Music-al Instruments, Advertising or Sales on the „~~~dtM=`~ To =~._.
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- LEtdi4'3 OFri~a
Introduction ~oR €a~~Y„
This report transmits a proposed axn.endrraent to the i~/iall rules,. regarding the
playing of musical instrun~e*ats:,and advertising ar sales on the 1~Lali.
Background
At its regular meeting of August.l~, 19.°74 the City Council. adopted regulations
.and procedures-.for the use of the Mall, Item No. 9 of thaserules regarding
the playing of musical instruments,on the 1N.£alI was referred back to Adminis-
tration for further study.
l~.ule No. 9 as originally proposed, read:
"The playing of musical instruments on the Mall shall be prohibited. "
Thus, as written, this imposes a total and. absolute ban on the playing of musical
instruments on the _~/Iall. Manycicic and promotional events are held on the
Mail annually involving the playing of musical instruments. It is r_ot the intent
of the staff to recommend a ban on the playing of muscial instruments in these
instances.
The problem arises when musicans other than those associated with a civic
or promotional event are involved. Historscall_y, musicians who play in public
areas such as the Mall do so because people contribute money in appreciation
o£ their efforts, whether money is solicited or not. The barest indication that
To: Mayor and Council -2- September 6, 19:74
money is saught, such as am open violin case-lying nearby, encourages
passersby to drop coins or currency more readily
8 ,
Presently, it is a violation of Mall rules to play musical instruments. The
police have never been tailed to enforce these rules, but have been called
` innumerable times because of. co*nplaint~ of panhandlers who may or may not
have been musicans.
The playing. of musical instruments, per se, does not present a police problem
if the element of panhandling could be eliminated. The Chief of Police does
not-feel that it can, however, and that this aspect alone would create a police
problem.
The Retail Committee of the Chamber of Commerce polled 131 ~Sa1I businesses
for their opinion. Out of b8 responses (53°fo return) 53 agreed with _`~lternative
No. 2 and 15 were agreeable to allowing musicians on the Ma11. (78% NO
22% YES)
In addition to the amendment of Rule No. 9, an amendment to Rule. No. 15 is
also requested. This rule presently restates an existing ban on solicitation
of trade on the sidewalk or street directly in front of a business. Ties ban
is and has 'peen in effect as Section b24I D of the Code for many years. This
section prohibits a business from using that portion of the sidewalk or street
in front or adjacent to the business for the solicitation of business. it is
felt that Rule 15 should be expanded to ban all sales activity anc~ advertising
To. ~dayor and Council -3- September o, 1974
for sales from the Mall
Alternative s
{Excepting the triosks)
1. Retain the existing absolute and total ban on the playing of musical
instruments on the Nlall. This would also include ci~ric and
promotional events..
2. Prohibit the playing of musical instruments on the Mall exceot for
civic promotional events. (Note: The use of ampli"tying equipment
is already prohibited, except for civic or promotional events. )
3. Conditionally permit the playing of musical instruments on the Mail
subject to:
a. not permitting the playing of percussion-type instruments on the
Udall (except for civic and promotional events) Noie: Section 4~~4C
prohibits perars3ion instruments in public parks and recreational
facilities unless a permit is issued by the Director of Recreation
and Parks.
b, not permitting the playing of musical instruments for donations
in appreciation of the music.
4, Allow businesses other than Mall businesses to sell merchandise
and/or advertise on the Mali proper, This tivould discriminate against
iylall businesses ~pho are already prohibited from soliciting for business
by Section o241(d) of the Code.
Recommendation
It is recommended that Rule No. 9 of the Mall Rules and Regulations be amended
in accordance with Alternative No. 2 above;i.e., banning the playing of
musical instruments on the Mall exceot for civic promotional events, It
is recommended that Ru1_e 15 be amended by adding the sentence: "No permits
~.~ill be issued for advertising or for sales. "
Prepared by: Da~2d P, bolter
George P. Tielsch
Doug McAteer
DPD: cg