(A) Busker permit.
(1) A busker permit system for performances by buskers within ArtsPark is hereby established. It shall be unlawful for any person to engage in any busker performance within ArtsPark without first obtaining a busker permit as required by this subchapter.
(2) Prior to any person submitting an application for a busker permit, the applicant must have participated in either the City's annual busker audition or another scheduled audition and have been chosen to partake in the ArtsPark Busker Program. The procedures and guidelines for the Busker Program shall be established by resolution of the City Commission.
(3) Upon being selected to participate in the ArtsPark Busker Program, the busker shall submit a permit application within 14 days of being selected. Such permit application shall be accompanied by a nonrefundable permit fee which shall be established by the resolution of the City Commission.
(4) Upon the issuance of the busker permit, the Director shall also issue the busker a printed copy of this chapter and a copy of the ArtsPark Busker and Vendor Program rules and guidelines. The busker shall sign the permit agreeing to accept the terms and conditions contained in the ArtsPark Busker and Vendor Program, and agreeing to comply with all of the requirements of this subchapter.
(5) Upon the issuance of the busker permit, the busker shall obtain any and all applicable state, county or city permits no later than three days prior to the scheduled performance(s) within ArtsPark.
(6) A busker shall only perform on the specified dates/times at the designated locations as established by the performance schedule that is established by the ArtsPark Director or his/her designee. The busker shall carry and display the busker permit on his/her person at all times while performing at the designated area within ArtsPark.
(7) A busker permit shall be nontransferable and shall remain the property of the city.
(8) During his/her/its scheduled performance, a busker shall only be permitted to sell merchandise connected/affiliated with his/her/its performance (i.e. - CD's). The sale of x-rated/obscene material is strictly prohibited. If the sale of such merchandise interferes with the operation of the ArtsPark or patrons visiting the ArtsPark, the busker may be required to cease such sales operation.
(B) Vendor permit.
(1) A vendor permit system for the sale of hand-crafted wares, artwork and other merchandise coinciding with the culture of ArtsPark within ArtsPark is hereby established. It shall be unlawful for any person to engage in the sale of any merchandise, artwork or other products within ArtsPark without first obtaining a vendor permit as required by this subchapter.
(2) Any vendor desiring to participate in the ArtsPark Busker and Vendor Program shall obtain a permit proposal application form from the Director. Such application shall be submitted by the vendor with all required documentation set forth in the vendor program design and merchandising guidelines adopted by resolution of the City Commission and accompanied by a nonrefundable application fee which shall be established by resolution of the City Commission.
(3) Application review.
(a) Upon receipt of a completed permit proposal application form and an application fee from a vendor, the Director shall review the application with all affected departments. The persons designated in such departments shall review the application, endorse their comments thereon and return the comments to the Director within 14 days from receipt. The comments so forwarded shall be retained with the file on such application.
(b) After reviewing the comments of all affected departments of the city, the Director shall approve or reject the application for a vendor permit. If the permit proposal application is approved, the Director, shall also impose any necessary restrictions or conditions to be observed in accordance with public safety, environmental and administrative considerations involved in the application. Nothing in this section shall be construed to prohibit the imposition of reasonable restrictions on the movement of the public which are necessary for the carrying out of the ArtsPark Busker and Vendor Program.
(c) Upon the issuance of the vendor permit, the Director shall also issue the vendor a printed copy of this chapter and a copy of the ArtsPark Busker and Vendor Program rules and guidelines. The vendor shall sign the vendor permit agreeing to accept the terms and conditions contained in the ArtsPark Busker and Vendor Program, and agreeing to comply with all of the requirements of this subchapter.
(4) Upon the issuance of the vendor permit, the vendor shall obtain any all applicable state, county or city permits no later than ten days prior to the vendor setting up at the arts marketplace.
(5) The vendor shall only be allowed to set up his/her/its display at the designated location as established by the vendor schedule that is established by the ArtsPark Director or his/her designee. The vendor shall visibly display the vendor permit during his/her/its participation at the arts marketplace. The city reserves the right to relocate the vendor's merchandise display.
(6) A vendor permit shall be nontransferable and shall remain the property of the city.
(Ord. O-2008-08, passed 4-16-08) Penalty, see § 122.99