Pismo Beach Municipal Code Ch. 5.05 Arts and Crafts Shows

This chapter shall be known as the arts and crafts show ordinance. (Ord. 315 (part), 1983)

The city council finds and declares that the public welfare and interest will be served by the establishment of public arts and crafts shows in various areas of the city to provide, among other things, recreational and cultural encouragement to artists and craftsmen, recreational and cultural advantages to the public at large, and the encouragement of tourist interest and trade to the economic benefit of the community at large. (Ord. 315 (part), 1983)

All arts and crafts shows shall comply with the provisions contained in Article 17 of the municipal code, also referred to as the city of Pismo Beach zoning ordinance. All shows, show operators and show exhibitors shall meet the standards, shall have obtained the appropriate permits and licenses and shall have paid the applicable fees and charges pertaining to the operation of arts and crafts shows. (Ord. 315 (part), 1983)

Public arts and crafts shows are established and entitled the "Pismo Beach Public Arts and Crafts Show." Public shows shall be reviewed and authorized by the city parks, recreation and beautification commission. All private shows conducted by private operators shall be reviewed and authorized by the city planning commission and shall be subject to the permits procedures established in the zoning ordinance. (Ord. 315 (part), 1983)

"Private arts and crafts shows" means shows operated by private operators generally on private property pursuant to the use permit stipulations of the zoning ordinance.

"Public arts and crafts shows" means shows operated by the city or by an individual or group authorized by the city for such operation on public property. (Ord. 315 (part), 1983)

A. The public arts and crafts shows may take place from ten a.m. to dusk on weekends of each week, and on legal holidays that are recognized by the city at the specific locations designated by the city council. Only public arts and crafts shows or art shows operated by bonafide nonprofit organizations may be operated on city property.

B. Times, dates and locations of private shows shall be established by the city planning commission under the individual use permit. (Ord. 315 (part), 1983)

A. The parks, recreation and beautification commission shall administer the public arts and crafts shows subject to the provisions of this chapter. They may delegate that responsibility to an approved group or individual or organization who they and the city council have approved to operate the public show.

B. Private shows shall be administered by the show operator and it shall be his or their responsibility to ensure that all requirements are met. (Ord. 315 (part), 1983)

Should the parks, recreation and beautification commission delegate the responsibility for operation of the public arts and crafts show to another individual group or organization, that individual or group shall also:

A. Receive approval of the city council;

B. Have adequate insurance for liability; and

C. Have a contract covering all of the specific requirements of the public show operator and the distribution of any revenues to both the city and the operator. (Ord. 315 (part), 1983)

The city council shall promulgate rules and regulations for the administration of the public arts and crafts shows in addition to the provisions of this chapter, not inconsistent therewith, as are reasonable and necessary to implement its objectives. In promulgating these rules and regulations, the city council may consider any advice or suggestions made by the parks, recreation and beautification commission. (Ord. 315 (part), 1983)

Public arts and crafts shows shall meet the requirements and standards established in the zoning ordinance for arts and crafts shows. Such public shows shall be subject to the approval of the parks, recreation and beautification commission and shall not require a conditional use permit. All shows conducted by private operators or organizations shall be subject to the permits prescribed in the zoning ordinance. Such private shows must also meet the requirements for fees and proper decorum addressed in the rules and regulations. (Ord. 315 (part), 1983)

All works exhibited at any arts and crafts show shall be individually hand produced by the exhibitors and shall meet the requirements set forth in the zoning ordinance. (Ord. 315 (part), 1983)

The city council shall set the maximum number of exhibitors based on recommendations from the parks, recreation and beautification commission, consistent with adequate display of works exhibited and the safety and convenience of pedestrian traffic within each area designated for a public arts and crafts show. The planning commission shall limit the number of exhibitors at private arts and crafts shows. (Ord. 315 (part), 1983)

The parks, recreation and beautification commission or its delegated operator shall approve all applications for exhibitors if the applicant shows to their satisfaction that the applicant's arts or crafts meet the requirements set forth in the zoning ordinance. (Ord. 315 (part), 1983)

A. If the exhibitor does not propose to sell his works, the license issued to the exhibitor shall be plainly marked or stamped "NO SELLING PERMITTED," and there shall be a fee of not more than five dollars, as determined by the city council, payable by the applicant for the license.

B. If the exhibitor proposed to sell his work, the permit issued to that exhibitor shall be plainly marked or stamped "SELLING PERMITTED," and the applicant shall pay the following fee:

• 1. Exhibitor: one time only, fifteen dollars;
• 2. Exhibitor: yearly fee, thirty-five dollars;
• 3. Show operator: yearly fee, fifty dollars;

These fees apply to both public and private art shows.

C. Art shows on any public property would include a nominal space rental based on and somewhat lower than typical art gallery rentals on a square footage basis. The rental fee shall be established by the city council, upon recommendation from the parks, recreation and beautification commission.

D. The fees set forth herein may be amended from time to time by resolution of the city council.

E. Licenses issued pursuant to this chapter may be renewed, at expiration, for additional one-year periods, upon the payment of the fee provided in this section. No license shall be effective or valid until the fee required by this section has been paid. All permits shall be clearly displayed by the operator and exhibitors at both private and public shows. These fees do not include any conditional use permit processing fees for operators of private arts and crafts shows. (Ord. 315 (part), 1983)

Prior to exhibiting any art or crafts for sale at the arts and crafts show, all exhibitors shall first obtain a sellers permit from the California State Board of Equalization. The permit shall be displayed by exhibitor. Submittal of information regarding sales tax shall be the responsibility of the arts and crafts show operators who shall keep accurate records for each exhibitor. (Ord. 315 (part), 1983)

Any violation of the provisions of this chapter or the rules of regulations promulgated pursuant to this chapter may be grounds for the revocation of the license issued either to the exhibitor or operator without refund of the license fee. Such action may be appealed to the city council at its next regularly scheduled meeting. (Ord. 315 (part), 1983)

Any violation of any provision of this chapter shall constitute a misdemeanor, punishable by:

A. A fine not exceeding fifty dollars for a first violation;

B. A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year;

C. A fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year. (Ord. 315 (part), 1983)