San Francisco County Municipal Code Art. 24 Regulating Street Artists

Sec. 2400. Statement of Purpose and Text of Street Artist Ordinance. Sec. 2401. Additional Definitions. Sec. 2402. Compensation of Advisory Committee. Sec. 2403. Age Eligibility for Street Artists. Sec. 2404. Street Artist Certificate: Disclaimer, Transfer, and Display. Sec. 2404.1. Street Artist Certificate: Fee. Sec. 2404.1.1. Street Artist Application/Examination Fee. Sec. 2404.2. Fee Setting Procedure. Sec. 2404.3. Street Artist Certificate Fee Waivers for Honorably Discharged Veterans. Sec. 2405. Regulations for Street Artists. Sec. 2406. Lottery. Sec. 2407. Director of Public Works to Provide Markings. Sec. 2408. Issuance, Denial, Suspension or Revocation of Certificate: Appeals. Sec. 2409. Appeals to Board of Permit Appeals. Sec. 2410. Criminal Violations: Penalties. Sec. 2411. Severability.

SEC. 2400. STATEMENT OF PURPOSE AND TEXT OF STREET ARTIST ORDINANCE.

This ordinance is enacted to implement an initiative ordinance approved by the electors of San Francisco as Proposition "L" at the election held on November 4, 1975. The provisions of Proposition "L" are set forth herein for convenience and may only be amended by the electors of San Francisco. Proposition "L" reads as follows: REGULATING STREET ARTISTS AND CRAFTSPERSONS. SEC. 1 Definitions SEC. 2 Advisory Committee of Street Artists and Crafts Examiners; Establishment; Appointments; Compensation; Terms; Chairperson; Secretary SEC. 3 Application SEC. 4 Examination SEC. 5 Issuance of Certificate SEC. 6 Certificate Fee; Period SEC. 7 Regulating Street Artists and Craftspersons SEC. 8 Designation of Sales Areas SEC. 9 Repeal

"SEC. 1. DEFINITIONS. For the purposes of this ordinance the following words or phrases shall mean or include: (a) "Art Commission." The Art Commission of the City and County. (b) "Advisory Committee." The Advisory Committee of Street Artists and Crafts Examiners of the City and County. (c) "City and County." The City and County of San Francisco. (d) "Family Unit." Two or more persons jointly engaged in the creation or production of an art or craft item, no one of whom stands in an employer-employee relationship to any of the other members thereof, or, two or more physically or mentally handicapped persons participating in a formal rehabilitation program a part of which includes activities for the creation of arts and crafts by said persons. (e) "Person." Any individual, copartnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character; provided, however, that whenever a right, privilege, or power is conferred upon a person by the provisions of this ordinance, the term "person" shall mean an individual natural person. "SEC. 2. ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTS EXAMINERS; ESTABLISHMENT; APPOINTMENTS; COMPENSATION; TERMS; CHAIRPERSON; SECRETARY. There is hereby established an Advisory Committee of Street Artists and Crafts Examiners, who shall advise the Art Commission on matters relating to the wares produced by street artists and to perform such other functions as shall from time to time be deemed appropriate by the Commission. The Advisory Committee shall consist of five members to be appointed by the Mayor. Four of said members shall be experienced artists or craftspersons and each such member shall be appointed from among three persons whose names shall have been submitted to the Mayor for appointment by the Art Commission, and one of the members shall be an art educator. Each member shall be compensated for the time he or she spends in this capacity as assigned by the Chairperson at a rate of pay to be established from time to time by the Board of Supervisors. The term of each member shall be two years, provided that the five members first appointed by the Mayor shall, by lot, classify their terms so that the terms of two members shall be for a period of one year and the terms of three members shall be for a period of two years, and upon the expiration of these and successive terms, the Mayor shall appoint their successors for a two-year term in a manner similar to that described herein for the initial members. In the event a vacancy occurs during the term of office of any member, the Mayor shall appoint for the unexpired term of the office vacated, a successor in a manner similar to that described herein for the initial members. The Advisory Committee shall elect from its members a Chairperson and a Secretary to hold office for one year, or until their successors are duly elected and qualified. The Secretary shall keep an accurate record of all proceedings of the Advisory Committee which shall be open to inspection by the public at all times. "SEC. 3. APPLICATION. Every person desiring certification as a street artist or craftsperson pursuant to this ordinance shall file an application with the Art Commission upon a form provided by said Commission. Except as otherwise provided herein, said application shall specify: (a) The applicant's residence address, place of employment where the work of art is produced and the mailing address of a person through whom the applicant may always be reached shall appear on the application. (b) A description of the art or craft item for which the applicant seeks certification. (c) A declaration under penalty of perjury that the art or craft item for which applicant seeks certification is of the applicant's own creation or the creation of the applicant's family unit, and that the applicant neither employs other persons nor is employed by another person in the production of the art or craft item for which applicant seeks certification.

"SEC. 4. EXAMINATION. Upon receipt of an application filed pursuant to this ordinance, the Executive Director of the Art Commission shall fix a date for Advisory Committee consideration and action upon said application and shall notify the applicant of said date. In its consideration of an application, the Art Commission shall examine representative samples of the applicant's work for the purposes of verifying the information set forth in the application. After such examination, and for the purposes of further investigation, the Art Commission may designate one or more of its members to visit the studio or workshop of the applicant to view the applicant's facilities and to further verify that the art or craft item for which the applicant seeks certification is his or her own creation or those of his or her family unit. "SEC. 5. ISSUANCE OF CERTIFICATE. If the applicant's examination is satisfactory, and if no charges of deception resorted to in obtaining the certificate, or any other violation of the applicable provisions of the San Francisco Municipal Code, have been filed with the Commission, upon payment of the certificate fee fixed by this ordinance, the Executive Director of the Art Commission shall issue a certificate to the applicant, duly signed, and shall show therein that the person named therein passed the examination and is entitled to engage in the display and sale of the specific art or craft item set forth in said certificate in accordance with the provisions of this ordinance. "SEC. 6. CERTIFICATE FEE; PERIOD. The fee for any certificate issued pursuant to the provisions of this ordinance shall be $20 and said certificate shall be valid for a period of three months from the date of issuance; except that any person certified pursuant to the provisions of this ordinance shall have the option of purchasing for $80.00 a certificate valid for a period of one year from the date of issuance. The Board of Supervisors may increase the certificate fee when necessary in order to finance the costs of the Art Commission in administering and enforcing the provisions of this ordinance. "SEC. 7. REGULATING STREET ARTISTS AND CRAFTSPERSONS. (a) It shall be unlawful for any person to sell, offer for sale, expose for sale, or solicit offers to purchase, any art or craft work of the person's own creation on any public street or public place where such activities are permitted, unless duly certified as a street artist or craftsperson pursuant to the provisions of this ordinance, or duly licensed as a peddler pursuant to the provisions of Section 869 of Part II, Chapter VIII of the San Francisco Municipal Code (Police Code). (b) It shall be unlawful for any person certified as a street artist or craftsperson pursuant to the provisions of this ordinance to sell, offer for sale, expose for sale, or solicit offers to purchase, any art or craft work of the person's own creation on any public street or public place where such activities are not permitted, unless duly licensed as a peddler pursuant to the provisions of Section 869 of Part II, Chapter VIII of the San Francisco Municipal Code (Police Code). (c) All or part of funds derived from the fees paid by street artists and craftspersons may be assigned by the Board of Supervisors to the Art Commission for use in paying members of the Advisory Committee as set forth in Section 2 above and to the San Francisco Police Department for enforcement of this proposition. "SEC. 8. DESIGNATION OF SALES AREAS. The Board of Supervisors, by resolution after public hearings thereon, may designate areas in or on any public street or public place where any street artist or craftsperson certified pursuant to the provisions of this ordinance may sell, offer for sale, expose for sale, or solicit offers to purchase any art or craft item of his or her own creation, provided, however, that any designation of an area in a public place under the jurisdiction of an officer, board or commission of the City and County shall be subject to the approval of such officer, board or commission. In designating such areas, the Board of Supervisors may impose such conditions and limitations as, in its discretion, are necessary to prevent any undue interference with normal pedestrian or vehicular traffic, or any damage to surrounding property, including interference with use, view or enjoyment of public parks. "SEC. 9. REPEAL. The initiative ordinance relative to permits and licenses for street artists, approved by the electorate as proposition "L," on the ballot for the election held in the City and County of San Francisco on June 4, 1974, is hereby repealed." (Amended by Ord. 41-83, App. 2/4/83; Prop. K 1983) SEC. 2401. ADDITIONAL DEFINITIONS. For the purpose of administering Proposition "L," the following words or phrases shall mean or include: (a) "Art" or "Craft." The terms "art" or "craft" do not include any item intended or suitable for human consumption.

(b) "Handcrafted Item." An item predominantly created or significantly altered in form by the street artist. (c) "Proposition 'L'." Proposition "L" on the November 4, 1975 ballot in San Francisco, an initiative ordinance. (d) "Street Artist." Any person who has been certified as a street artist or craftsperson pursuant to the provisions of Proposition "L." (e) "Street Artist Certificate." A certificate issued by the Art Commission pursuant to the provisions of Proposition "L" and this Article. (f) "Street Artist Program." A program of the Art Commission which implements the provisions of Proposition "L" and this Article. (g) "Street Artist Program Committee." A committee appointed by the Art Commission and consisting solely of Commission members. The Committee shall have responsibility for oversight of the Street Artist Program. (h) "Program Director." The director of the Street Artist Program, responsible for administering the provisions of Proposition "L" and this Article, on behalf of the Executive Director of the Art Commission. (Amended by Ord. 41-83, App. 2/4/83; Ord. 291-94, App. 8/4/94) SEC. 2402. COMPENSATION OF ADVISORY COMMITTEE. Pursuant to the provisions of Section 2 of Proposition "L," the compensation of the appointive members of the Advisory Committee of Street Artists and Crafts Examiners shall be as follows: (a) A member shall receive $100.00 plus reasonable travel expenses for each meeting of the Advisory Committee actually attended by said member for 50 percent of each meeting of four or more hours. (b) A member shall receive $100.00 plus reasonable travel expenses for each visit to the studio or workshop of a certified street artist or an applicant for a Street Artist Certificate for the purpose of viewing the applicant's facilities and verifying that the art or craft item for which the applicant seeks certification is his or her own creation or those of his or her family unit, for an assignment of monitoring or inspecting street artist wares being sold in public locations, or for the performance of such other function as shall from time to time be deemed appropriate by the Arts Commission. (c) In no event shall the aggregate amount paid each member exceed 35 meetings/studio visits or $3,500.00 per year excluding reimbursement for reasonable travel expenses. For the purposes of this section, the term "reasonable travel expenses" shall include travel to and from a member's office or home. (Amended by Ord. 418-84, App. 10/5/84; Ord. 345-90, App. 10/12/90; Ord. 451-94, App. 12/30/94; Ord. 63-02, File No. 011788, App. 5/10/2002; Ord. 260-06, File No. 061030, App. 10/13/2006; Ord. 103-08, File No. 080514, App. 6/18/2008) SEC. 2403. AGE ELIGIBILITY FOR STREET ARTISTS. No person under the age of 16 is eligible for certification as a street artist. (Amended by Ord. 41-83, App. 2/4/83) SEC. 2404. STREET ARTIST CERTIFICATE: DISCLAIMER, TRANSFER, AND DISPLAY. (a) Disclaimer. On each Street Artist Certificate the following words shall appear: "The issuance of this Certificate does not constitute an endorsement by the City and County of San Francisco or the Article sold pursuant to the terms of this Certificate." (b) Transfer. Any Street Artist Certificate issued pursuant to the terms of this Article cannot be transferred to any other person as defined in Proposition "L." (c) Display. The Art Commission shall issue to each Street Artist a Certification Card which shall contain a photograph of the Street Artist, the certificate number of all members of the family unit and the number of the certificate in figures plainly discernible. The Art Commission, or its designee, shall determine the manner and form of any other information that may be placed upon this Certification Card. The Certification Card shall be displayed by the Street Artist at all times when said Street Artist is selling or soliciting offers to purchase any art or craft work. The photograph shall be furnished by the Street Artist. (Amended by Ord. 41-83, App. 2/4/83)

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)

DISCHARGED VETERANS. 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. (Added by Ord. 192-14 , File No. 140774, App. 9/12/2014, Eff. 10/12/2014) (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.

SEC. 2405. REGULATIONS FOR STREET ARTISTS. (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) SEC. 2406. LOTTERY.

(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) SEC. 2407. DIRECTOR OF PUBLIC WORKS TO PROVIDE MARKINGS. 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) SEC. 2408. ISSUANCE, DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATE: APPEALS. (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) SEC. 2409. APPEALS TO BOARD OF PERMIT APPEALS. 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) SEC. 2410. CRIMINAL VIOLATIONS: PENALTIES. (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) SEC. 2411. SEVERABILITY. 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)