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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.
(a) It shall be unlawful for any person to sell, offer for sale, expose for sale, or solicit offers to purchase, any art or craft work of the person's own creation on any public street or public place where such activities are permitted, unless duly certified as a street artist or craftsperson pursuant to the provisions of this ordinance, or duly licensed as a peddler pursuant to the provisions of Section 869 of Part II, Chapter VIII of the San Francisco Municipal Code (Police Code).
(b) It shall be unlawful for any person certified as a street artist or craftsperson pursuant to the provisions of this ordinance to sell, offer for sale, expose for sale, or solicit offers to purchase, any art or craft work of the person's own creation on any public street or public place where such activities are not permitted, unless duly licensed as a peddler pursuant to the provisions of Section 869 of Part II, Chapter VIII of the San Francisco Municipal Code (Police Code).
(c) All or part of funds derived from the fees paid by street artists and craftspersons may be assigned by the Board of Supervisors to the Art Commission for use in paying members of the Advisory Committee as set forth in Section 2 above and to the San Francisco Police Department for enforcement of this proposition.
The Board of Supervisors, by resolution after public hearings thereon, may designate areas in or on any public street or public place where any street artist or craftsperson certified pursuant to the provisions of this ordinance may sell, offer for sale, expose for sale, or solicit offers to purchase any art or craft item of his or her own creation, provided, however, that any designation of an area in a public place under the jurisdiction of an officer, board or commission of the City and County shall be subject to the approval of such officer, board or commission. In designating such areas, the Board of Supervisors may impose such conditions and limitations as, in its discretion, are necessary to prevent any undue interference with normal pedestrian or vehicular traffic, or any damage to surrounding property, including interference with use, view or enjoyment of public parks.
The initiative ordinance relative to permits and licenses for street artists, approved by the electorate as proposition "L," on the ballot for the election held in the City and County of San Francisco on June 4, 1974, is hereby repealed."
(Amended by Ord. 41-83, App. 2/4/83; Prop. K 1983)
For the purpose of administering Proposition "L," the following words or phrases shall mean or include:
(a) "Art" or "Craft." The terms "art" or "craft" do not include any item intended or suitable for human consumption.
(b) "Handcrafted Item." An item predominantly created or significantly altered in form by the street artist.
(c) "Proposition 'L'." Proposition "L" on the November 4, 1975 ballot in San Francisco, an initiative ordinance.
(d) "Street Artist." Any person who has been certified as a street artist or craftsperson pursuant to the provisions of Proposition "L."
(e) "Street Artist Certificate." A certificate issued by the Art Commission pursuant to the provisions of Proposition "L" and this Article.
(f) "Street Artist Program." A program of the Art Commission which implements the provisions of Proposition "L" and this Article.
(g) "Street Artist Program Committee." A committee appointed by the Art Commission and consisting solely of Commission members. The Committee shall have responsibility for oversight of the Street Artist Program.
(h) "Program Director." The director of the Street Artist Program, responsible for administering the provisions of Proposition "L" and this Article, on behalf of the Executive Director of the Art Commission.
(Amended by Ord. 41-83, App. 2/4/83; Ord. 291-94, App. 8/4/94)
Pursuant to the provisions of Section 2 of Proposition "L," the compensation of the appointive members of the Advisory Committee of Street Artists and Crafts Examiners shall be as follows:
(a) A member shall receive $100.00 plus reasonable travel expenses for each meeting of the Advisory Committee actually attended by said member for 50 percent of each meeting of four or more hours.
(b) A member shall receive $100.00 plus reasonable travel expenses for each visit to the studio or workshop of a certified street artist or an applicant for a Street Artist Certificate for the purpose of viewing the applicant's facilities and verifying 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, for an assignment of monitoring or inspecting street artist wares being sold in public locations, or for the performance of such other function as shall from time to time be deemed appropriate by the Arts Commission.
(c) In no event shall the aggregate amount paid each member exceed 35 meetings/studio visits or $3,500.00 per year excluding reimbursement for reasonable travel expenses. For the purposes of this section, the term "reasonable travel expenses" shall include travel to and from a member's office or home.
(Amended by Ord. 418-84, App. 10/5/84; Ord. 345-90, App. 10/12/90; Ord. 451-94, App. 12/30/94; Ord. 63-02, File No. 011788, App. 5/10/2002; Ord. 260-06, File No. 061030, App. 10/13/2006; Ord. 103-08, File No. 080514, App. 6/18/2008)
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