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Every person applying for street artist certification, whether for the first time or for reissuance of certification after a lapse in payment of the certificate fee, shall pay a nonrefundable application/examination fee. The fee shall initially be set at $20 and shall be paid upon filing of an application for certification. The application/examination fee collected shall be equal to, but shall not exceed, the fee necessary to support the costs of processing applications and examinations under the Street Artists Ordinance. As part of the report required by Section 2404.2 of this Article, each year the Arts Commission shall report to the Controller the costs incurred in administering the application and examination process.
(Added by Ord. 383-96, App. 10/15/96)
Each year the Arts Commission shall cause a report to be made of the revenues collected for Street Artist Certificates, the costs incurred in administering and enforcing the provisions of the Street Artist Ordinance (Proposition "L" adopted by the electors of San Francisco at the election held on November 4, 1975), the anticipated costs for the ensuing year, and the fee which would be necessary to support such costs. Said report shall be filed with the Controller no later than April 1st of each year pursuant to the provisions of Section 3.17-2 of the San Francisco Administrative Code. The Controller shall file said report with the Board of Supervisors no later than May 15th of each year and the Board of Supervisors shall, by ordinance, establish or readjust the fee for a Street Artist Certificate. The fee set shall be equal to, but not greater than, the fees necessary to support the costs of administering and enforcing the provisions of the Street Artist Ordinance.
(Added by Ord. 511-84, App. 12/21/84; amended by Ord. 240-03, File No. 031333, App. 10/10/2003)
Notwithstanding Sections 2404.1 and 2404.1.1, the Director of Cultural Affairs, or his or her designee, shall waive all Street Artist Certificate fees, including any application/examination fees, for any individual who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of California ("Honorably Discharged Veteran") upon receipt of the Honorably Discharged Veteran's Certificate of Release DD Form 214 (Certificate of Release or Discharge from Active Duty) or other equivalent U.S. government document reflecting honorable discharge. The Street Artists Program Director shall keep such documentation on file to help expedite future renewals.
(Former Sec. 2404.3 amended by Ord. 415-86, App. 10/10/86)
Editor's Notes:
Former division (b) of the current version of this section expired on 7/1/2015.
Former Sec. 2404.3 ("Street Artist Certificate: Priority to Veterans") expired on 12/1/1986.
Former division (b) of the current version of this section expired on 7/1/2015.
Former Sec. 2404.3 ("Street Artist Certificate: Priority to Veterans") expired on 12/1/1986.
(a) Street artists shall sell, offer for sale or solicit offers to purchase only for those specific handcrafted art or craft items created personally by the street artist or the street artist's family unit for which the street artist has been certified.
(b) Street artists shall sell, offer for sale or solicit offers to purchase only in those areas designated by the Board of Supervisors by Resolution.
The designation of any area in a public place under the jurisdiction of an officer, board or commission of the City and County is subject to the approval of, and to rule or regulations imposed by, such officer, board or commission.
(c) In areas designated by the Board of Supervisors which are not under the jurisdiction of an officer, board or commission of the City and County, street artists shall sell, offer for sale or solicit offers to purchase subject to the following regulations:
(1) No more than 4½ feet from the curb line of any sidewalk.
(2) Not within 18 inches of the curb line of any sidewalk.
(3) No more than five feet above any sidewalk.
(4) In an area not more than four feet long.
(5) Sprinkler inlets, standpipe inlets (both wet and dry) are to be kept clear for 7½ feet on each side, measured from the outer edge of standpipe bank from the building line to the sidewalk edge.
(6) Not within 10 feet from the outer edge of any entrance to any building including, but not limited to, doors, driveways, emergency exits measured in each direction parallel to the building line and thence at a 90-degree angle to the curb.
(7) Fire escapes be unobstructed underneath and perpendicular from building to the street five feet from both ends of fire escape.
(8) Not on any sidewalk adjacent to curb which has been duly designated pursuant to local ordinance or regulation as one of the following:
1. White zone
2. Yellow zone
3. Bus zone
(9) Not within five feet of any crosswalk.
(10) Inflammable liquid vents and fill pipes to be kept clear for five feet in both directions on the sidewalk when tanks are not being filled or within 25 feet while tank is being filled.
(11) Not within five feet of the display of any other street artist.
(12) Fire hydrants to have five feet sidewalk clearance.
(13) No street artist shall sell, offer to sell, or solicit offers to purchase between the hours of 12:00 a.m. (midnight) and 6:00 a.m. of the following day.
(14) All displays and objects placed in those areas designated by the Board of Supervisors shall be removed by 12:00 a.m. (midnight) and shall not be placed prior to 6:00 a.m. of the following day.
(15) No street artist shall sell, offer for sale, or solicit offers to purchase, from any vehicle.
(16) Street artists shall engage in their activities on the public sidewalks of the City and County of San Francisco in such a manner that at all times there shall remain open for the passage of pedestrians a space of at least 8 feet in width, as measured on a line perpendicular to the curb line, between the edge of the sidewalk farthest from the curb and the edge of the street artists' activities. No portion of a street artist's activities shall be included in measuring the 8-foot clear pedestrian passageway. Notwithstanding the foregoing, the Board of Supervisors, by resolution, may temporarily permit street artists to engage in their activities in specified locations where 8 feet of clear pedestrian passageway cannot be maintained. Such temporary permission may not be granted by the Board of Supervisors for any period exceeding 18 months.
(d) In the Resolution designating or redesignating an area where street artists may sell, offer for sale or solicit offers to purchase, the Board of Supervisors may exempt the area from one or more of the regulations set forth in Subsection (c) above if the Board finds that the exemption will not be inconsistent with or interfere with the purposes of the regulation from which the area is exempted.
(Amended by Ord. 388-83, App. 7/14/83; Ord. 199-03, File No. 030909, App. 8/1/2003)
(a) The Art Commission shall establish and supervise a lottery system whereby those persons certified by the Art Commission as street artists and possessing a valid State Board of Equalization Resale Permit shall be chosen by lot for the available selling areas as designated by the Board of Supervisors by resolution.
(b) The Art Commission shall specify three days in each week for the holding of a lottery for selling areas which are designated by the Board of Supervisors.
(c) The Art Commission, at its discretion, may postpone any lottery if sufficient volunteers to conduct the lottery are not available. No fees shall be paid to the volunteers conducting the lottery or collected by the Art Commission to establish or supervise the lottery. Each volunteer conducting the lottery shall be compensated for his or her service with a single sales space of the volunteer's choice selected prior to and from the lottery the volunteer conducts and for the duration of the day in which the volunteer conducts the lottery.
(d) The Art Commission shall not be liable for any damage, injury or loss occasioned by the lottery.
(e) The Art Commission may make such reasonable rules and regulations as are necessary to effectuate the lottery.
(f) The Art Commission shall design and distribute to those chosen in the lottery on each day a lottery is held, a document identifying the person chosen, the craft of the person chosen and the location where the person chosen will be allowed to sell, offer for sale, or solicit offers to purchase.
(g) The lottery document shall be in the possession of the street artist at all times and shall be displayed to a police officer upon request.
(h) It shall be unlawful to sell, offer for sale, or solicit offers to purchase goods and crafts in those areas subject to the lottery without first obtaining a document from the Art Commission indicating the seller has been chosen for the area or a document from the Art Commission indicating that no lottery document is necessary for that area.
(Amended by Ord. 41-83, App. 2/4/83)
The Director of Public Works shall place identifying markings in public streets or curbs designated as sales areas by the Board of Supervisors. Said markings shall be consistent with the regulations contained in this Article.
(Amended by Ord. 41-83, App. 2/4/83)
(a) The issuance of Street Artist Certificates is governed by Section 5 of Proposition "L." The violation by a street artist of any provision of Proposition "L," this Article or any rules or regulations issued pursuant to this Article of which the person has been given notice, shall be grounds for denial, suspension or revocation, after a public hearing and for good cause shown, of the Street Artist Certificate.
(b) The Art Commission shall adopt rules and regulations governing appeals from a denial, suspension or revocation of a Street Artist Certificate. A public hearing on the suspension or revocation of a Street Artist Certificate shall be conducted by the Street Artist Program Committee. The findings and recommendations of the Street Artist Program Committee shall be submitted directly to the Program Director, who shall approve or disapprove such findings and recommendations. The Program Director shall not amend such findings and recommendations. The Program Director may disapprove the findings and recommendations of the Street Artist Program Committee and order a rehearing only if: (1) the Program Director finds that a fair and public hearing has not occurred; (2) evidence critical to the street artist's case was not introduced except that a street artist shall not be relieved of his or her failure to put on evidence unless it was improperly excluded, or it constitutes new evidence which the street artist using reasonable diligence could not have obtained until after the hearing; or (3) the artist failed to appear at the hearing and has, for good cause, subsequently requested another hearing. A street artist shall have five business days following his or her hearing before the Street Artist Program Committee in which to request a rehearing, after which time the Program Director shall render his or her decision on the Program Committee's findings. The decision of the Program Director shall be made in writing, and may only be appealed in accordance with Section 2409. The Program Director's decision concerning the suspension or revocation of a Street Artist Certificate shall not be appealable to any level of the Art Commission.
(Added by Ord. 41-83, App. 2/4/83; amended by Ord. 291-94, App. 8/4/94)
Appeals to the Board of Permit Appeals from the final decision of the Art Commission to grant or deny a Street Artist Certificate shall be governed by Article 1, Section 30 of Part III of the Municipal Code and shall be filed not later than 15 days after the final decision of the Art Commission. Appeals to the Board of Permit Appeals from the final decision of the Program Director to suspend or revoke a Street Artist Certificate shall be governed by Article 1, Section 30 of Part III of the Municipal Code and shall be filed not later than 15 days after the Program Director's decision approving or disapproving the Program Committee's findings and recommendations.
(Added by Ord. 41-83, App. 2/4/83; amended by Ord. 255-88, App. 6/22/88; Ord. 291-94, App. 8/4/94)
(a) Except as provided in Subsection (b), any person violating any provision of Proposition "L," this Article or any rules or regulations issued pursuant to this Article of which the person has been given notice, shall be guilty of an infraction and subject to a fine of not in excess of $100.
(b) The violation of any provision of Proposition "L" or this Article which would otherwise be an infraction shall be a misdemeanor if the person who has violated such provision has previously been convicted of two or more violations within the 12-month period immediately preceding the current offense and the prior convictions are admitted by the person charged with the violations or are alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. A person convicted of a misdemeanor pursuant to this subsection shall be subject to imprisonment in the County Jail for a period not exceeding 30 days or a fine not exceeding $500, or both.
(Added by Ord. 41-83, App. 2/4/83)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or ineffective.
(Added by Ord. 41-83, App. 2/4/83)