Statement of Purpose and Text of Street Artist Ordinance. | |
Additional Definitions. | |
Compensation of Advisory Committee. | |
Age Eligibility for Street Artists. | |
Street Artist Certificate: Disclaimer, Transfer, and Display. | |
Street Artist Certificate: Fee. | |
Street Artist Application/Examination Fee. | |
Fee Setting Procedure. | |
Street Artist Certificate Fee Waivers for Honorably Discharged Veterans. | |
Regulations for Street Artists. | |
Lottery. | |
Director of Public Works to Provide Markings. | |
Issuance, Denial, Suspension or Revocation of Certificate: Appeals. | |
Appeals to Board of Permit Appeals. | |
Criminal Violations: Penalties. | |
Severability. | |
This ordinance is enacted to implement an initiative ordinance approved by the electors of San Francisco as Proposition "L" at the election held on November 4, 1975. The provisions of Proposition "L" are set forth herein for convenience and may only be amended by the electors of San Francisco. Proposition "L" reads as follows:
REGULATING STREET ARTISTS AND CRAFTSPERSONS.
Definitions | |
Advisory Committee of Street Artists and Crafts Examiners; Establishment; Appointments; Compensation; Terms; Chairperson; Secretary | |
Application | |
Examination | |
Issuance of Certificate | |
Certificate Fee; Period | |
Regulating Street Artists and Craftspersons | |
Designation of Sales Areas | |
Repeal | |
For the purposes of this ordinance the following words or phrases shall mean or include:
(a) "Art Commission." The Art Commission of the City and County.
(b) "Advisory Committee." The Advisory Committee of Street Artists and Crafts Examiners of the City and County.
(c) "City and County." The City and County of San Francisco.
(d) "Family Unit." Two or more persons jointly engaged in the creation or production of an art or craft item, no one of whom stands in an employer-employee relationship to any of the other members thereof, or, two or more physically or mentally handicapped persons participating in a formal rehabilitation program a part of which includes activities for the creation of arts and crafts by said persons.
(e) "Person." Any individual, copartnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character; provided, however, that whenever a right, privilege, or power is conferred upon a person by the provisions of this ordinance, the term "person" shall mean an individual natural person.
There is hereby established an Advisory Committee of Street Artists and Crafts Examiners, who shall advise the Art Commission on matters relating to the wares produced by street artists and to perform such other functions as shall from time to time be deemed appropriate by the Commission. The Advisory Committee shall consist of five members to be appointed by the Mayor. Four of said members shall be experienced artists or craftspersons and each such member shall be appointed from among three persons whose names shall have been submitted to the Mayor for appointment by the Art Commission, and one of the members shall be an art educator. Each member shall be compensated for the time he or she spends in this capacity as assigned by the Chairperson at a rate of pay to be established from time to time by the Board of Supervisors. The term of each member shall be two years, provided that the five members first appointed by the Mayor shall, by lot, classify their terms so that the terms of two members shall be for a period of one year and the terms of three members shall be for a period of two years, and upon the expiration of these and successive terms, the Mayor shall appoint their successors for a two-year term in a manner similar to that described herein for the initial members. In the event a vacancy occurs during the term of office of any member, the Mayor shall appoint for the unexpired term of the office vacated, a successor in a manner similar to that described herein for the initial members. The Advisory Committee shall elect from its members a Chairperson and a Secretary to hold office for one year, or until their successors are duly elected and qualified. The Secretary shall keep an accurate record of all proceedings of the Advisory Committee which shall be open to inspection by the public at all times.
Every person desiring certification as a street artist or craftsperson pursuant to this ordinance shall file an application with the Art Commission upon a form provided by said Commission. Except as otherwise provided herein, said application shall specify:
(a) The applicant's residence address, place of employment where the work of art is produced and the mailing address of a person through whom the applicant may always be reached shall appear on the application.
(b) A description of the art or craft item for which the applicant seeks certification.
(c) A declaration under penalty of perjury that the art or craft item for which applicant seeks certification is of the applicant's own creation or the creation of the applicant's family unit, and that the applicant neither employs other persons nor is employed by another person in the production of the art or craft item for which applicant seeks certification.
Upon receipt of an application filed pursuant to this ordinance, the Executive Director of the Art Commission shall fix a date for Advisory Committee consideration and action upon said application and shall notify the applicant of said date. In its consideration of an application, the Art Commission shall examine representative samples of the applicant's work for the purposes of verifying the information set forth in the application. After such examination, and for the purposes of further investigation, the Art Commission may designate one or more of its members to visit the studio or workshop of the applicant to view the applicant's facilities and to further verify that the art or craft item for which the applicant seeks certification is his or her own creation or those of his or her family unit.
If the applicant's examination is satisfactory, and if no charges of deception resorted to in obtaining the certificate, or any other violation of the applicable provisions of the San Francisco Municipal Code, have been filed with the Commission, upon payment of the certificate fee fixed by this ordinance, the Executive Director of the Art Commission shall issue a certificate to the applicant, duly signed, and shall show therein that the person named therein passed the examination and is entitled to engage in the display and sale of the specific art or craft item set forth in said certificate in accordance with the provisions of this ordinance.
The fee for any certificate issued pursuant to the provisions of this ordinance shall be $20 and said certificate shall be valid for a period of three months from the date of issuance; except that any person certified pursuant to the provisions of this ordinance shall have the option of purchasing for $80.00 a certificate valid for a period of one year from the date of issuance. The Board of Supervisors may increase the certificate fee when necessary in order to finance the costs of the Art Commission in administering and enforcing the provisions of this ordinance.
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