Bill 19-16 Addressing Buskers and SideWalk Performers by repealing ch 4 article 4 section 4-21 of the SBMC and amending

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Tim Scott March 23, 2016 Page 2 objective of public safety, yet make the busking process minimally onerous for performers, the attached ordinance is being submitted to the Council. It varies from the original in the following significant ways: (1) The registration and permit process has been eliminated. (2) The distance requirements for proximity between other buskers, and between buskers and buildings, driveways, curb cuts, outdoor eating areas and similar places or structures, has been clarified, and the linear distances are recommendations, not mandates. (3) Clarification has been made to permit busking on days that special events occur in the Central Business and Entertainment Area (CBEA) during hours and places within the CBEA outside the time and location of the event, and to permit performances during special events by certain buskers if approved by the event organizer. (4) The fine for a second offense has been reduced from $250.00 to $200.00. (5) A busker has a duty to provide true and accurate self - identification information to a person authorized to enforce the ordinance when that authorized person has probable cause to believe a violation of the ordinance has occurred. (6) An exemption in the regulation of solicitation under Chapter 13, Article 2, Section 13 -26 of the Municipal Code has been inserted to exclude from regulation those buskers who solicit money for their performances. Please note, too, that because this regulatory scheme remains subject to federal judicial review, the City Administration has agreed that it will not enforce the proposed, attached ordinance until that litigation is concluded either by court order or agreement between the parties. Notwithstanding this limitation, passage of this ordinance is necessary to conclude the federal litigation process. Because this is no longer a licensing ordinance, it has been re- codified under Chapter 14 of the Municipal Code, which comprises Specific Public Safety Regulations. A new Article 13 of this Chapter has been added entitled: "Busker and Street Performer Regulations."