Chapter 5.43 — OAKLAND ARTISAN MARKETPLACE

The City Council evidences its intent to establish the Oakland Artisan Marketplace Project for the purpose of regulating the vending of arts and crafts on public sidewalks and designated areas, days and times in Oakland.

(Ord. 12291 § 3, 2000)

For the purpose of this chapter the following words or phrases mean or include:

"Artisan" is a person (fine artist or skilled craftperson) who is in the business of vending their own art or craft product.

"Certificate" is a revocable approval from the city that enables the holder to vend arts and crafts items at authorized locations, days and times.

"Identification card or I.D. card" is issued by the city this chapter to identify persons authorized to vend.

"Pedestrian" means a person who is walking or otherwise travelling in the public way.

"Vending" is the business of selling or causing to be sold any of the following items: crafts, handiwork, artifacts and art or artwork of any kind permitted by this chapter.

"Vending equipment" includes but is not limited to any materials, merchandise, tools, carts, tables, or other items owned by, in the possession of, or associated with both the city and licensed vendor.

(Ord. 12291 § 4, 2000)

Every person desiring an artisan certificate pursuant to this chapter shall file an application with the Craft and Cultural Arts Department upon a form to be provided by said department. Fees as hereinafter set forth in this chapter shall accompany said application. The application shall contain the following information:

A.

The name, resident address, phone number and Social Security number of the applicant;

B.

The federal and state employer's identification number; the state sales tax identification number if sales tax is chargeable to the items sold; city of Oakland business tax certificate verification;

C.

A description of the art or craft item for which the applicant seeks to license;

D.

Four photographs or slides of the artisan's arts or craft items, including one of vending equipment;

E.

A brief description on how the art and craft item was made;

F.

A declaration under penalty of perjury that the art or craft item for which the applicant seeks a license to sell is of the applicant's own creation and was created or produced in his or her presence and under his or her own direct and personal supervision.

(Ord. 12291 § 5, 2000)

If the application is satisfactory and complete, the applicant will be required to pay the certificate fee and obtain a certificate card.

A.

The fee amount for a certificate shall be determined by the City Manager on an annual basis or until a set amount is determined.

B.

The I.D. card shall contain a photograph of the Oakland artisan and the certificate number. The Craft and Cultural Arts Department shall determine the manner and form of any other information that may be placed upon this I.D. card. The I.D. card shall be displayed by the artisan at all times when the artisan is selling or soliciting offers to purchase any art or craft work. The photograph shall be furnished by the artisan.

C.

Any certificate issued will be valid for the period of six months or a year from the date of issuance depending on the amount of fee paid.

D.

No person under the age of sixteen (16) is eligible for certification as an artisan.

E.

No person may hold or be issued more than one valid certificate.

F.

It is unlawful for any person to sell, offer for sale, expose for sale or solicit offers to purchase any art or craft item of his or her own creation on any public area where such activities are permitted pursuant to this chapter, unless such person has been duly certified and issued an I.D. card in accordance with the provisions of this chapter.

G.

The city will notify the artisan in writing of the decision to issue or deny the certificate and, if denied, the reason for denial. In the event that an artisan is denied certification, either upon application or renewal, the artisan shall have the opportunity to appeal the denial to the Cultural Affairs Commission.

(Ord. 12291 § 6, 2000)

A.

Artisans shall sell, offer for sale or solicit offers to purchase only for those specific handcrafted art or craft items created personally by the artisan.

B.

Artisans shall sell, offer for sale or solicit offers to purchase only in the area(s) designated by the City Manager. The designation of any area in a public place under jurisdiction is subject to approval of and to any rules and regulations imposed by such office.

C.

Days and hours when vending shall be allowed are determined and are specific to the designated site.

D.

All artisans must adhere to designated time and day requirements and shall be allotted one hour set-up and one hour breakdown time before and after stated selling hours.

E.

No artisan shall sell, offer for sale, or solicit offers to purchase, from any vehicle.

F.

Artisans shall engage in their activities in designated areas of the city in such a specific manner to cause no impairment to any handicapped person or other pedestrian or other life safety activity and that at all times there shall remain open passage for pedestrians of a space of at least ten feet in width, as measured on a line perpendicular to the artisan activities and end to walkway.

G.

Vending equipment shall be regulated in the following manner:

Vending equipment, merchandise offered for sale or otherwise associated with the artisan shall not block, impede or in any way hamper pedestrian movement or cause or allow to cause any hazard to pedestrians.

Vending equipment shall be easily moved and shall be self-supporting; at no time shall vending equipment be attached, tied or locked to trees, hydrants or any other permanent vertical structure or bench.

Any vending equipment shall have the maximum length of eight feet, maximum depth of six feet and a maximum height of eight feet.

(Ord. 12291 § 7, 2000)

A.

Artisans shall maintain their sales location in a clean hazard-free condition; failure to so maintain and failure to clean the vending location of waste shall be cause for revocation or suspension of certificate.

B.

Artisans shall agree to defend, indemnify and hold harmless the city, its officers and employees from any and all damages or injury to persons or property proximately caused by any act or omission of the artisan or any hazardous or negligent conditions maintained at their sales location.

(Ord. 12291 § 8, 2000)

A.

The Craft and Cultural Arts Department shall establish and supervise a lottery system whereby those persons certified as Oakland Artisans who possess a valid State Board of Equalization Resale Permit and Oakland business tax certificate shall be chosen by lottery for the available designated selling area.

B.

The Craft and Cultural Arts Department shall make such reasonable rules and regulations as are necessary to effectuate the lottery.

C.

The Craft and Cultural Arts Department shall design and distribute to those chosen in the lottery on each day the 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.

D.

The lottery document shall be in possession of the artisan at all times and shall be displayed to a monitor or police officer upon request.

E.

It is unlawful to sell, offer for sale, or solicit offers to purchase arts and crafts in designated area without first obtaining a document from the Craft and Cultural Arts Department indicating the seller has been chosen for the specified space and time period.

(Ord. 12291 § 9, 2000)

A.

The City Manager or his or her designated representative may issue or cause to have issued citations for violations of this chapter.

B.

Any person vending without a duly issued certificate and I.D. card or found in violation of any of the regulatory provisions of this chapter shall be guilty of an infraction.

C.

Any person found guilty of an infraction, of which the person has been given notice, shall not be punished by imprisonment but may be fined.

(Ord. 12291 § 10, 2000)

A.

Any certificate issued pursuant to this chapter may be revoked or suspended for good cause or upon violation of any provisions of this chapter. Any person whose certificate has been revoked or suspended shall receive in writing as explanation of such action by the certificate inspector. The reasons for denial, suspension and revocation include:

Fraud or misrepresentation in the application for the certificate; or

Fraud or misrepresentation in the course of conducting the business of vending; or

Conducting the business of vending contrary to the conditions of the certificate and/or regulations; or

Conducting the business of vending in such a manner as to create a public nuisance or to constitute a danger to the public.

B.

The following factors will be considered in determining whether a permit should be suspended or revoked:

The number of citations for violation of this chapter previously received by the artisan; and

The number of previous suspensions and/or revocations imposed upon the artisan; and

The number of occasions for which the artisan's certificate was subject to suspension or revocation and was not suspended or revoked; and

The seriousness of the violation or misrepresentation and the danger to the health and/or safety of the public presented by the artisan's misrepresentation, noncompliance and/or misconduct; and

Whether or not the condition subjecting the artisan to suspension or revocation is a nature that has been or can be corrected.

C.

Any certificate holder or applicant whose permit is suspended or revoked or whose application for a permit is denied may within fifteen (15) days of the date of action notify the Craft and Cultural Arts Department that the certificate holder or applicant desires reconsideration of that decision. A hearing before the Cultural Affairs Commission of the request shall be scheduled for the next regular meeting. The suspension or revocation will remain in effect pending the hearing. At the hearing, the certificate holder or applicant will be afforded an opportunity to be heard and present facts and witnesses on his or her behalf At that time a decision will be made which shall be final.

(Ord. 12291 § 11, 2000)