Redding Municipal Code Ch. 6.38 Redding Downtown Mall

The purpose and intent of this chapter is to regulate and control the publicly owned or publicly dedicated area of the Redding Downtown Mall so as to assure the free flow of pedestrian traffic and to preserve and to protect the public improvements and the landscaping located therein from intentional or unintentional damage arising out of inappropriate public usage.

(Prior code § 19B-1)

As used in this chapter, the following words shall have the following meanings only:

A. "Nonprofit corporation" means an association or other group of people incorporated as a legal person under the nonprofit corporation laws of the state, possessing a ruling from the Federal Internal Revenue Service or the state franchise tax board that the corporation enjoys a nonprofit status for tax purposes.

B. "Nonprofit organization" means any nonprofit corporation or unincorporated nonprofit association sponsored by a public school, church, nonprofit corporation or public agency.

C. "Unincorporated nonprofit association" means an association or group of persons working together for some charitable, religious, benevolent or educational purpose from which profit is not derived, either directly or indirectly by any person, which association is sponsored by a public school, a church, nonprofit corporation or public agency.

(Prior code § 19B-2)

The sale of goods, wares, merchandise or services of any type, kind or description within the publicly owned or publicly dedicated areas of the Redding Downtown Mall is prohibited; except, that nonprofit corporations or unincorporated nonprofit associates sponsored by a school, church, nonprofit corporation or public agency may conduct sales in such areas of the mall, subject to the following terms and conditions:

A. The nonprofit organization desiring to conduct sales in such public areas of the mall shall apply for and obtain from the city clerk a permit for such activity which shall be displayed by the permittee within the designated sales area throughout the duration of the permit period.

B. Application for a mall sales permit shall be made upon a form provided by the city clerk, including the following information together with such additional material as the city clerk deems necessary for the administration of this chapter:

1. Name of applicant;

2. If applicant is a nonprofit corporation, upon request of the city clerk a copy of the articles of incorporation shall be provided together with a letter from either the Federal Internal Revenue Service or the state franchise tax board establishing the nonprofit status of the corporation;

3. If the applicant is not a corporation, the application shall include a letter from the sponsoring school, church, nonprofit corporation or public agency, establishing the sponsorship together with the nonprofit nature of the organization sponsored;

4. The item or items proposed to be sold;

5. The address and telephone number of the applicant and the names and addresses of the officers of the organization.

C. Accompanying the application, at the discretion of the city clerk, the applicant may be required to deposit with the city clerk a cleanup and maintenance deposit in the sum of ten dollars, which deposit shall be refunded if there has been compliance with this section, but shall be retained by the city if it is necessary for city forces to clean up the designated sales area either during or at the end of the sale. It is the responsibility of the applicant to maintain in a clean and sanitary condition the sales area throughout the time of the sale and to restore the sales area to a clean and sanitary condition at the completion of the sale and upon removal of the sales merchandise and sales equipment. Decisions of the city clerk in regard to refund or retention of cleanup deposits shall be final and not appealable.

D. Applications to conduct sales shall be approved on a first-come, first-served basis; excepting only that the same organization shall not be permitted to conduct more than three sales in the mall in any one calendar year.

E. Permits to conduct sales in the mall shall be limited to time periods of two days or less.

F. The permitted hours of sale shall be from ten a.m. until eight p.m., Monday through Saturday, and from noon until six p.m. on Sunday.

G. Sales shall be permitted only within those publicly owned or publicly dedicated areas of the mall designated for such purpose on a diagram of the mall approved by the city council and on file with the city clerk.

H. The following types of merchandise shall not be sold:

1. Any and all types of food except commercially prepared and packaged food or home bakery goods such as cakes, donuts and cookies; provided, that none of the latter contain any cream fillings;

2. Used or secondhand clothing, bedding or other merchandise;

3. Any type of live animal, bird or reptile;

4. Fresh fruit, vegetables or other produce;

5. Pornographic material.

(Prior code § 19B-3)

A. An exhibit, for the purposes of this chapter, is a display or show of works of art, products or crafts, objects of manufacture or commerce, wherein the display of the objects to the public is the principal objective of the exhibitor and the exhibition, and the sale of any object on display, if permitted under the provisions of this chapter, is only incidental to the display or show itself.

B. No exhibit of any kind may be made or held within the publicly owned or publicly dedicated areas of the downtown mall without first obtaining from the city clerk a permit for the exhibit, which shall be displayed by the permittee within the designated exhibition area throughout the duration of the permit period.

C. Exhibit permits may be obtained by nonprofit organizations, public agencies or public schools by application to, upon a form provided by, the city clerk. The application shall include the following information together with such additional material as the city clerk deems necessary for the administration of this chapter:

1. Name of applicant;

2. If applicant is a nonprofit corporation, upon request of the city clerk a copy of the articles of incorporation shall be provided together with a letter from either the Federal Internal Revenue Service or the state franchise tax board establishing the nonprofit status of the corporation;

3. If the applicant is an unincorporated nonprofit association, the application shall include a letter from the sponsoring school, church, nonprofit corporation or public agency, establishing the sponsorship, together with the nonprofit nature of the organization sponsored;

4. The address and telephone number of the applicant, and if the applicant is a nonprofit organization and is neither a public agency nor a public school, the address and telephone number of the applicant and the names and addresses of the officers of the organization;

5. The works of art, objects of manufacture or objects of commerce proposed to be exhibited or displayed.

D. Accompanying the application, the applicant shall deposit with the city clerk a cleanup and maintenance deposit in the sum of one hundred dollars, which deposit shall be refunded if there has been compliance with this section, but shall be retained by the city if it is necessary for city forces to clean up the exhibit area either during or at the end of the exhibit. It is the responsibility of the applicant to maintain in a clean and sanitary condition the exhibition area throughout the duration of the exhibit, and to clean up the exhibit area at the close of the exhibit and following the removal of the exhibits or displays. Decisions of the city clerk in regard to refund or retention of cleanup deposits shall be final and not appealable.

E. Applications to conduct exhibits shall be approved on a first-come, first-served basis; excepting only that the same organization shall not be permitted to conduct more than three exhibits in the mall in any one calendar year. Not more than two exhibits shall be permitted to occur in any one calendar month, and not more than ten exhibits shall be permitted to occur in any one calendar year. No exhibits shall be permitted to occur in the months of November and December.

F. Permits to conduct exhibits in the mall shall be limited to time periods of five days or less.

G. The permitted hours of exhibition shall be from the opening of the mall in the morning until the close of the mall in the evening.

H. Exhibits shall be permitted only within those portions of the publicly owned or publicly dedicated areas of the mall designated for such purpose on a diagram of the mall approved by the city council and on file with the city clerk.

I. The permittee exhibitor shall, as a condition precedent to the issuance of the permit, execute an agreement to hold the city harmless from any claims for damages arising out of injury to persons or property of the exhibitor, its agents, employees, members, bailees or third persons, which result from the exhibit or the actions or nonactions of the permittee or any of its agents, employees or members. The permittee shall understand and agree that the city shall not be responsible for any damage or injury to any items included within the exhibit or any injury to any of the exhibitors arising out of the exhibition.

J. Where the exhibit is of objects of art, each object entirely the product of an artist, and the permit application establishes that the proceeds from the sale of any object of art displayed will go entirely to the nonprofit permittee and the artist who produced the object of art sold, the city clerk may include in the exhibit permit authorization for the incidental sale of some of the objects of art included in the exhibit.

K. The following items or objects shall not be included in any exhibit:

1. Any type of food;

2. Pornographic items;

3. Used or secondhand clothing, bedding or other used or secondhand merchandise.

L. No signs shall be displayed indicating the price of any exhibit item in an exhibit, except and unless the permit for the exhibit expressly permits incidental sales, in which case the work of art being sold may have a price sign on it of not more than one square inch in size.

(Prior code § 19B-4)

No person shall walk upon or otherwise use, as a pedestrian, all or any portion of the vehicle ramps to and from the underground public parking garage located within the boundaries of Midtown Project No. 1 between Butte and Yuba Streets.

(Prior code § 19B-5)

It is unlawful for any person to consume any alcoholic beverage while within the public areas of the Redding Downtown Mall or within Parking Lots No. 8, No. 9, No. 10, No. 11, or No. 12.

(Ord. 1431 § 1, 1979)

Any person violating Section 6.38.060 of this code is guilty of an infraction, punishable upon first conviction by a fine of not more than one hundred dollars, and upon second conviction within a period of one year by a fine of not more than one hundred seventy-five dollars, and upon a third or any subsequent conviction within a period of one year by a fine of not more than two hundred fifty dollars.

(Ord. 1445 § 1, 1979)