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O914 ,- . ~ i ORDINANCE NO, 914 (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 3A ENTITLED "SANTA MONICA CULTURAL ARTS & cRAFTS SHOWS" TO ARTICLE VI OF TItE SANTA MONICA MUNICIPAL CODE TO REGULATE ARTS AND CRAFTS SHOWS WITHIN THE CITY OF SANTA MONICA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3A is hereby added to Article VI of the Santa Monica Municipal Code to read as follows: CHAPTER 3A SANTA MONICA CULTURAL ARTS & CRAFTS SHOWS Section 6330. Declaration of Policy. The City Council of the City of Santa Monica hereby declares its interest in the promotion of cultural, esthetic, and artistic values in the City of Santa Monica. In keeping with this policy and in order to provide recreational, commercial, and educational advantages to the citizens of Santa Monica and the public at large, and to encourage trade and commerce in the City of Santa Monica, the City Council of the City of Santa Monica does hereby provide and authorize 6 days per year for a Cultural Arts & Crafts Show to be allocated between the Santa Monica Department of Recreation & Parks and the Santa Monica Chamber of Commerce. Section 63.31. Dates Permitted. . I . I The City Manager shall designate 2 days per year during which Cultural Arts & Crafts Shows shall be conducted by the Santa Monica :' -c, J" \ I I. - I ." '. . . Department of Recreation & Parks on city parks designated by that department and 4 days per year during which such shows may be conducted by the Santa Monica Chamber of Commerce on the Santa Monica Mall. No show date shall be selected for a day when sidewalk sales are permfrted elsewhere in the community. Section 6332. Permitted Exhibits. All works of art exhibited at said shows shall be individually hand produced by the exhibitors. Section 6333. Free Admission to the Public. Admission of non-exhibiting members of the public to the Arts & Crafts Shows shall be free. Section 6334. Maximum Number of Exhibitors. Each of the above permitted bodies shall set a limit on the maximum of exhibitors permitted to display their work in anyone such show consistent with adequate display of the works exhibited and the safety and convenience of pedestrian traffic within the areas delineated, and said maximum number of exhibitors shall be subject to the approval of the City Manager based on said standards. Section 6335. Permits to be Issued. There shall be 3 classes of permits to be issued: 1) Department of Recreation & Parks Free Permits. The Santa Monica Department of Recreation & Parks shall be entitled to a permit free of charge to conduct each show and may grant free permits to its exhibitors provided said exhibitors do not sell their exhibits. Non-selling -2- .. e . ~ exhibitors shall display a sign below each exhibit, as follows: IIFor exhibit only. Not for sale." Those exhibits not for sale should be clearly segregated from those which are for sale. 2) Department of Recreation & Parks Sales Permits. Individuals may obtain a permit from the City Clerk for the sale of exhibits at shows conducted by the Department of Recreation & Parks subject to all require- ments set forth below for Chamber of Commerce applicants and subject to the payment of a permit fee in the amount of $5.00 per exhibit for each day of the show. A permit tag authorized and furnished by the City Clerk shall be ettached to each exhibit displayed. 3) Chamber of Commerce Permits. The Chamber of Commerce may obtain a permit from the City Clerk for each show at the rate of $100.00 per day for each such show irrespective of the number of exhibitors, subject to the following conditions: (a) The permittee shall make avail- able to the City Clerk, upon demand, all records of receipts and disbursements resulting from the show; (b) Each exhibitor shall have on his person at all times, all necessary state licenses required for the sale of the works of art to be sold; (c) Each exhibitor shall present sufficient proof to establish that in fact the art object to be sold was individually hand produced by the exhibitor; (d) Each exhibitor shall furnish a photograph of -3- , . himself, of proper size to affix to each entry registration card issued by the permittee. The Chamber of Commerce may impose a reasonable charge or exhibit fee on each participating exhibi- tor and shall be responsible for enforcing all re- quirements of this ordinance and regulations imposed by the Chamber. Any net profit received by the Chamber of Commerce from the conduct of any such show shall be utilized for the commercial develop- ment of the Central Business District of this City. SECTION 2. Any fee imposed pursuant to this ordin- ance shall be in addition and supplementary to any other applicable sales, property, or use tax. It shall be in lieu of any business license tax otherwise applicable, but shall not preclude license tax liability for activities other than those permitted by this ordinance. SECTION 3. Any provision of the Santa Monica Municipal Code, or appendices thereto inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this ordinance. SECTION 4. 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 the 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. -4- t 6- SECTION 5. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction t~ereof, shall be subject to a fine not exceeding Five Hundred ($500) Dollars or Six (6) months in the county jail of Los Angeles County, or by both such fine and im- prisonment in the discretion of the court. SECTION 6. 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 publis4ed once in the official news- paper within fifteen days after its adoption. This ordinance shall become effective after thirty days from its adoption. ADOPTED this 12th fJ1i1~ ~MAYOR - , 1973 ----- ATTEST: /< ,;~~ IC ITY fLERK sTATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss. CITY OF SANTA MONICA ) I do hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 29th day of May, 1973; that thereafter the said ordinance was duly adopted at a meeting of the City Council on the 12th day of June, 1973, by the following vote: AYES: Councilmen: Dituri, Judson, McCloskey, Swink. Trives. van den Steenhoven, Hoover NOES: ABSENT: Councilmen: None Councilmen: None APPROVED AS TO FORM: -'J. j Jl / ' , Jlj~ ~ ~h,J-c0L J CITY ATTORNEY ~ ~~ ;rTY CLERK -5-