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(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)
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