The City Council finds that the existence in the City of street performers provides a public amenity that enhances the character of the City and seeks to encourage such performances in a manner consistent with the overall public interest. The City Council also recognizes that street performers seek to and do draw crowds to their performance. This can create serious safety problems by impacting the ability of pedestrians to move safely on sidewalks and through cross walks and impeding the response time of safety personnel. It can also impact access to and egress from businesses. Cognizant that street performers are engaged in First Amendment activities, this Chapter imposes reasonable time, place, and manner restrictions on street performers to the extent necessary to ensure the safety of performers, their audience, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in their homes or the ability of businesses to operate and conduct their business.
(Added by Ord. No. 1888CCS § 1, adopted 10/28/97; amended by Ord. No. 2713CCS § 1, adopted 9/13/22)
For purposes of this Chapter, the following words or phrases shall have the following meanings:
Buffer zone.
The sidewalks on Broadway, Santa Monica Boulevard, Arizona Avenue, and Wilshire Boulevard, between Second Court and Fourth Court.
Charge.
To require someone to pay a fee or to set, negotiate or establish a fee for a performance. Seeking voluntary contributions through passing around a hat, leaving open an instrument case or other receptacle, or soliciting donations after a performance is not a charge.
Community event.
Any event that has obtained a community event permit pursuant to Santa Monica Municipal Code Chapter 4.68.
Handcrafts.
Objects made either by hand or with the help of devices used to shape or produce the objects through such methods as weaving, carving, stitching, sewing, lacing, and beading, including, but not limited to, objects such as jewelry, pottery, silver work, leather goods, and trinkets. Handcrafts are not likely to communicate a message, idea, or concept to others, are often mass produced or produced with limited variation, and often have functional utility apart from any communicative value they might have. Handcrafts do not include visual art.
Perform.
To engage in any of the following activities on public property: playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, engaging in magic, creating visual art in its entirety, or similar artistic endeavors. "Perform" shall not include: (1) the provision of personal services such as hair weaving or massage; (2) the application of substances to others' skin, including, but not limited to, paints, dyes, and inks; (3) the completion or other partial creation of visual art; (4) the creation of visual art which is mass produced or produced with limited variation; or (5) the creation of handcrafts. This list of exclusions is not intended to be exhaustive.
Performer.
An individual who "performs" on public property to provide public entertainment. Indicia of being a performer include, but are not limited to, setting up performance equipment; staging or orienting the performance towards the public; performing in the same location for an extended period of time; performing in the public for multiple days; seeking voluntary contributions through passing around a hat or leaving open an instrument case or other receptacle; and soliciting donations after a performance.
The Pier.
The Santa Monica Pier, consisting of both the Newcomb Pier and the Municipal Pier, protruding from the Santa Monica State Beach at the southwesterly terminus of Colorado Avenue, and extending for approximately two thousand one hundred thirty-five feet into the Santa Monica Bay. The Pier is divided into three performance areas: the Center Performance area, the Breezeway Performance area, and the General Performance area. The boundaries of each of these performance areas are delineated in Exhibit A to Resolution Number 9704 (CCS), or any successor resolution thereto.
Sculpture.
A three dimensional work of art which is created through shaping solid material such as wood, stone, clay or metal by carving, modeling, or similar methods.
Third Street Promenade.
Third Street, including the sidewalks on Third Street, between the southeasterly line of Wilshire Boulevard and the northwesterly line of Arizona Avenue, and between the southeasterly line of Arizona Avenue and the northwesterly line of Santa Monica Boulevard, and between the southeasterly line of Santa Monica Boulevard and the northwesterly line of Broadway.
Transit Mall.
The sidewalks on Santa Monica Boulevard and Broadway from the east side of Ocean Avenue to the west side of Fifth Street.
Visual art.
Sculptures or drawings and paintings, applied to paper, cardboard, canvas, or other similar or technologically equivalent medium through the use of brush, pastel, crayon, pencil, stylus, or other similar object.
(Ord. No. 2713CCS § 1, adopted 9/13/22; Ord. No. 2337CCS § 1, adopted 12/14/10; Ord. No. 2047CCS § 1, adopted 7/9/02; Ord. No. 2028CCS § 1, adopted 11/13/01; Ord. No. 2009CCS § 1, adopted 5/22/01; Ord. No. 1982CCS § 1, adopted 8/8/00; Ord. No. 1959 CCS § 1, adopted 10/12/99; amended by Ord. No. 1949CCS § 4, adopted 7/20/99; added by Ord. No. 1888CCS § 1, adopted 10/28/97)
(a) 
Subject also to Sections 6.112.050 and 6.112.060, no performer may perform:
(1) 
Within ten feet of any bus stop;
(2) 
Within ten feet of any street corner or a marked pedestrian crosswalk;
(3) 
Within ten feet of the outer edge of any entrance of any business, including, but not limited to: doors, vestibules, driveways, outdoor dining area entries on the Promenade, and emergency exits, during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises;
(4) 
Within twenty feet of the outer edge of an outdoor dining area;
(5) 
Within ten feet of the outer edge of any entrance to any residence;
(6) 
Within twenty feet of the outer edge of any stairs or ramp on the south side of the Pier;
(7) 
On the wooden landing or wooden walkways immediately north of the Pier.
(b) 
No person may perform on the Third Street Promenade, the Pier, the Transit Mall, or in the Buffer Zone without first obtaining a performance permit issued by the City pursuant to Section 6.112.040 unless the performance is conducted on Monday through Friday prior to twelve noon and that day is not a holiday as defined in subsection (q) of this Section.
(c) 
A performer and the performer's equipment may not block or obstruct the free and safe movement of pedestrians. If a sufficient crowd gathers to observe a performer such that the passage of the public through a public area is blocked or obstructed, a Police Officer or Fire Official may disperse that portion of the crowd that is blocking or obstructing the passage of the public. If a performer cannot conduct a performance in a location without blocking or obstructing the passage of the public, a Police Officer or Fire Official may cause the performer to leave the location or require that the performer relocate his or her equipment, but shall not prevent the performer from occupying another location in compliance with this Chapter.
(d) 
There shall be no charge for a performance. Money given for a performance shall be on a donation only basis. A performer shall perform whether or not the performer receives compensation for the performance. A performer may not charge a set fee for the performance or use aggressive measures to solicit donations. For purposes of this subsection, aggressive measures shall include: blocking or impeding the passage of the solicitee intentionally; touching the solicitee with the intent to intimidate or coerce; following the solicitee, going behind, ahead or alongside of him or her, with the intent to intimidate or coerce; threatening the solicitee, by word or gesture, with physical harm; or abusing the solicitee with words which are offensive and inherently likely to provoke an immediate violent reaction.
A performer shall not be required to obtain a vendor permit pursuant to Chapter 6.36 or a business license pursuant to Chapter 6.04. Other Federal, State, and local laws may apply to this activity and to sales, including, without limitation, local, State, and Federal tax laws. It is each performer's sole responsibility to ensure that he or she is familiar with and complies with such laws.
(e) 
No performer shall construct, erect, or maintain any stage, platform, or similar structure for use during any performance unless the stage or platform:
(1) 
Is integral to the performance and the performance only takes place on the stage;
(2) 
Does not exceed four feet by four feet and one-quarter inch in height;
(3) 
Is removed from the public way when the performer is not performing;
(4) 
Has beveled edges.
(f) 
No performer shall use any knife, sword, torch, flame, axe, saw, or other object that can cause serious bodily injury to any person, or engage in any activity, including, but not limited to, acrobatics, tumbling, or cycling, that can cause serious bodily injury to any person.
(g) 
No performer shall use any generator, wet cell battery with removable fill caps, or any other power source that poses a fire or public safety hazard. No performer shall connect or maintain an electrical cord to an adjacent building or to a City power source.
(h) 
No performer may litter his or her performance site.
(i) 
No performer shall utilize or prevent the public from utilizing any public benches, waste receptacles, or other street furniture during the performance.
(j) 
No minor under the age of sixteen can perform unless the minor is at all times accompanied by a responsible adult eighteen years of age or older, has obtained an entertainment work permit issued by the Department of Industrial Relations of the State of California and maintains the permit in his or her possession at the time of the performance.
(k) 
No performer shall place any object on a public sidewalk which causes less than a four-foot contiguous sidewalk width being kept clear for pedestrian passage.
(l) 
No performer shall perform with more instruments, props, equipment, merchandise, or other items than the performer can reasonably transport and remove all at once within three minutes.
(m) 
No performer shall place his or her instruments, props, equipment, merchandise, or other items on a public sidewalk, public street, or public right-of-way for more than two hours without performing in accordance with the provisions of this Chapter.
(n) 
A performer shall stay with his or her instruments, props, equipment, merchandise, or other items at all times that these items are on a public sidewalk, public street, or public right-of-way.
(o) 
No performer shall perform in contravention of the allowable noise standards established by Chapter 4.12 and Chapter 6.116 of this Code.
(p) 
No performer shall block or obstruct a curb cut.
(q) 
The following formula establishes the special performance hours that apply during specified holidays on the Third Street Promenade, the Buffer Zone, the Transit Mall, and the Pier:
(1) 
If the holiday follows a weekend and the next day is a workday, then the holiday shall be treated as if it were Sunday and the day preceding the holiday shall be treated as if it were Saturday.
(2) 
If the holiday precedes a weekend, then the holiday shall be treated as if it were Saturday and the preceding day shall be treated as if it were Friday.
(3) 
If the holiday occurs during midweek, and is surrounded by workdays, then the holiday shall be treated as if it were Sunday and the day preceding the holiday shall be treated as if it were Friday.
The following is a list of holidays which trigger the application of this subsection: New Year's Day, President's Day, Memorial Day, Independence Day, Columbus Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day. The City Council may by resolution add to this list of holidays.
(r) 
No performer shall perform outside designated performance zones on the Third Street Promenade and the Pier, as established by resolution of the City Council.
(Added by Ord. No. 1888CCS § 1, adopted 10/28/97; amended by Ord. No. 1949CCS § 5, adopted 7/20/99; Ord. No. 1959CCS § 2, adopted 10/12/99; Ord. No. 2047CCS § 2, adopted 7/9/02; Ord. No. 2075CCS § 1, adopted 5-13-03; Ord. No. 2304CCS § 1, adopted 1/19/10; Ord. No. 2337CCS § 2, adopted 12/14/10; Ord. No. 2713CCS § 1, adopted 9/13/22; Ord. No. 2857CCS, 4/28/2026)
(a) 
To receive a performance permit, a person must complete and file with the City a performance permit application on a form approved by the City. The applicant must provide the following information:
(1) 
The applicant's name;
(2) 
The applicant's address;
(3) 
Proof of the Identity of the Applicant. This identification must contain a photograph of the applicant. Acceptable forms of identifications shall include, but not be limited to, a driver's license, student identification card, or passport;
(4) 
A detailed description of the nature of the act to be performed;
(5) 
A detailed description of any instrument(s) or prop(s) which will be used by the performer(s);
(6) 
A minor under the age of sixteen shall provide a copy of an entertainment work permit issued to the minor by the Department of Industrial Relations of the State of California and shall identify the responsible adult(s) who will be with the minor at all times that the minor is performing.
(b) 
The performance permit will be issued annually commencing on January 1st of each calendar year.
(c) 
Upon receipt of a written application for a performance permit, a performance permit shall be approved within three business days of the filing of a fully completed application, unless one of the following findings is made:
(1) 
The applicant has knowingly made a false, misleading, or fraudulent statement of fact to the City in the application process;
(2) 
The application does not contain the information required by this Chapter;
(3) 
The applicant has not satisfied the requirements of this Chapter.
(d) 
In addition to requiring compliance with all provisions of this Chapter, the City may condition the approval of a performance permit on the applicant's compliance with other provisions of the City's Municipal Code which are applicable to the performance.
(e) 
The City may revoke or suspend a performance permit upon the commission of the second violation either of this Chapter, Chapter 3.74 of this Code, or of permit conditions within a six-month period, or one violation of the same if the violation posed serious risks to public safety, or one violation relating to a false, misleading, or fraudulent statement of fact in the performer's permit application. In any such case, the permit holder shall have the right to appeal from a decision of the City to revoke or suspend any permit in accordance with Chapter 6.16 of this Code. A performer's permit may be suspended for up to four months. If the performance permit of any performer is suspended, no new permit shall be issued during the period of suspension. Notwithstanding the above, if a performer's permit is suspended as a result of a false, misleading, or fraudulent statement of fact in the performer's permit application, the permit shall not be reinstated until the false, misleading or fraudulent statement is corrected by the performer. Any revocation of a performer's permit shall be for six months unless the performer previously had a performance permit revoked and the new violations of this Chapter or permit conditions relate to public safety, in which case, the permit shall be revoked for twelve months. No new permit shall be issued during a revocation period.
(f) 
No application for a performance permit or the renewal thereof shall be accepted unless the application is accompanied by a payment of a nonrefundable annual fee in an amount to be set by resolution adopted by the City Council.
(g) 
The performance permit shall include a photograph of the performer, shall not be assignable or transferable, and shall contain the permit number of the applicant and the year in which the permit expires. Each performer in a group shall obtain his or her own separate performance permit.
(h) 
A replacement performance permit may be obtained upon payment of a nonrefundable fee in an amount to be set by resolution adopted by the City Council.
(i) 
A performer shall clearly display his or her permit while performing, and shall allow inspection of the permit by any City police or fire official on request.
(j) 
The City Council may by resolution adjust the noise limitations established in this Chapter during public holidays.
(k) 
When an applicant requests a performance permit application, the City shall also give the applicant a document which summarizes the rules and regulations concerning street performances in the City. This document may be, but is not required to be, a copy of this Chapter.
(Added by Ord. No. 1888CCS § 1, adopted 10/28/97 ; amended by Ord. No. 1949CCS § 6, adopted 7/20/99; Ord. No. 2047CCS § 3, adopted 7/9/02; Ord. No. 2145CCS § 1, adopted 11/23/04; Ord. No. 2451CCS § 1, adopted 12/10/13; Ord. No. 2713CCS § 1, adopted 9/13/22)
In addition to the requirements of Sections 6.112.030 and 6.112.040, no performer shall perform in the Third Street Promenade or the Transit Mall outside of an enclosed building in violation of the following requirements:
(a) 
Except as provided in subsection (q) of Section 6.112.030, no performer shall perform except during the following time periods:
(1) 
Nine a.m. to eleven p.m. daily.
(2) 
Eleven p.m. on Friday and Saturday to one-thirty a.m. of the following day.
(b) 
No performer shall perform within sixty feet from a community event boundary. If the community event encompasses one or more City blocks, the City may, in its sole discretion, designate one or more performance spaces per block.
(c) 
No performer shall:
(1) 
Perform on the Third Street Promenade in any specific location or within that same block, for more than two hours in any six-hour period. The time required to set up and to remove any instruments, props, equipment, or other items shall be considered part of the performance for purposes of this subdivision and subdivision (2) of this subsection (c).
(2) 
Perform on the Third Street Promenade on an even hour at the same location that he or she was performing on the preceding hour, or within that same block.
(3) 
Perform on the Transit Mall in any specific location or within that same block, for more than two hours in any six-hour period. The time required to set up and to remove any instruments, props, equipment, or other items shall be considered part of the performance for purposes of this subdivision and subdivision (4) of this subsection (c).
(4) 
Perform on the Transit Mall on an even hour at the same location that he or she was performing on the preceding hour, or within that same block.
(5) 
Perform on the Buffer Zone in any specific location or within that same block, for more than two hours in any six-hour period. The time required to set up and to remove any instruments, props, equipment, or other items shall be considered part of the performance for purposes of this subdivision and subdivision (6) of this subsection (c).
(6) 
Perform in the Buffer Zone on an even hour at the same location that he or she was performing on the preceding hour, or within that same block.
(7) 
Perform within ten feet of a vendor operating pursuant to or under the authority of an approved license agreement or within forty feet of any other vendor or performance.
(8) 
Perform on the Transit Mall or in the Buffer Zone at a distance greater than five feet from the outer wall of any building or any permanent extension of the building such as a planter box.
(9) 
Perform on the Santa Monica Boulevard segment of the Transit Mall within twenty feet of the Third Street Promenade.
(Added by Ord. No. 1888CCS § 1, adopted 10/28/97; amended by Ord. No. 1949CCS § 7, adopted 7/20/99; Ord. No. 1959CCS § 3, adopted 10/12/99; Ord. No. 2009CCS § 2, adopted 5/22/01; Ord. No. 2028CCS § 2, adopted 11/13/01; Ord. No. 2047CCS § 4, adopted 7/9/02; Ord. No. 2075CCS § 2, adopted 5-13-03; Ord. No. 2713CCS § 1, adopted 9/13/22; Ord. No. 2857CCS, 4/28/2026)
In addition to the requirements of Sections 6.112.030 and 6.112.040, no performer shall perform on the Pier outside of an enclosed building in violation of the following requirements:
(a) 
Except as provided in subsection (d) of this Section and subsection (q) of Section 6.112.030, no performer shall perform except during the following time periods:
(1) 
Eight a.m. Monday through Thursday to one a.m. of the following day.
(2) 
Eight a.m. on Friday to one a.m. the following Saturday.
(3) 
Nine a.m. on Saturday and Sunday to one a.m. of the following day.
(b) 
No performer shall perform within sixty feet of a community event.
(c) 
No performer shall:
(1) 
Perform after one p.m. at the same location that he or she was performing prior to one p.m. or within one hundred fifty feet of that location.
(2) 
Perform after four p.m. at the same location that he or she was performing prior to four p.m. or within one hundred fifty feet of that location.
(3) 
Perform after seven p.m. at the same location that he or she was performing prior to seven p.m. or within one hundred fifty feet of that location.
(4) 
Perform on the Pier in any specific location or within one hundred fifty feet of that location for more than three hours in any six-hour period. The time required to set up and to remove any instruments, props, equipment, or other items shall be considered part of the performance for purposes of this subdivision.
(5) 
Perform within fifty feet of any other performance or any vendor when performing in the General Performance Area.
(6) 
Perform within thirty-five feet of any other performance or any vendor when performing in the Center Performance Area or the Breezeway Performance Area.
(7) 
Perform at a distance greater than ten feet from the north railing of the Pier when performing in the Center Performance Area.
(8) 
Perform at a distance greater than ten feet from the north or south railings of the Pier when performing in the Breezeway Performance Area.
(9) 
Perform at a distance greater than seven and one-half feet in either an east or west lateral direction from one of the stars that the City has painted on the Pier surface to effectuate the spacing requirements of this Section and to ensure that the maximum number of performance locations are provided consistent with spacing requirements. A lottery or voucher system may be implemented to allocate performance locations and ensure that all performers participating therein have a fair and equal opportunity to perform or obtain preferred performance locations. At the times that a lottery or voucher system is implemented, the distance requirement of subsections (c)(1) through (c)(4) of this Section shall not apply. Administrative regulations issued under this Chapter may specify additional requirements, including the conduct and timing of the lottery or voucher system, the maximum time period and location in advance of the lottery or voucher distribution that the performers can line up, and the duration of the permit, consistent with the provisions of this subsection (c)(9) of this Section and any other relevant provisions of the Municipal Code.
(10) 
Disrupt or impede the City's operation of the lottery.
(d) 
Notwithstanding subsection (a) of this Section, no performer shall perform in the General Performance Area, which is adjacent to the Carousel Building, except during the following time periods:
(1) 
Eight a.m. to ten p.m. Monday through Thursday.
(2) 
Eight a.m. to twelve a.m. (midnight) on Friday.
(3) 
Nine a.m. to twelve a.m. (midnight) on Saturday.
(4) 
Nine a.m. to ten p.m. on Sunday.
(Added by Ord. No. 1888CCS § 1, adopted 10/28/97; amended by Ord. No. 1949CCS § 8, adopted 7/20/99; Ord. No. 1959CCS § 4, adopted 10/12/99; Ord. No. 2017CCS § 1, adopted 7/24/01; Ord. No. 2028CCS § 3, adopted 11/13/02; Ord. No. 2047CCS § 5, adopted 7/9/02; Ord. No. 2075CCS § 3, adopted 5-13-03; Ord. No. 2145CCS § 2, adopted 11/23/04; Ord. No. 2451CCS § 2, adopted 12/10/13; Ord. No. 2713CCS § 1, adopted 9/13/22)
(a) 
The City Manager or designee may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, the suspension or revocation of a performance permit, the lottery or voucher system for the Pier, and any required distance between a performer and a community event on the Third Street Promenade that encompasses one or more City blocks.
(b) 
No person shall fail to comply with the City's administrative regulations issued pursuant to this Chapter.
(Added by Ord. No. 2713CCS § 1, adopted 9/13/22)
The following penalties shall be established for violations of this Chapter:
(a) 
Except as provided in subsections (b) and (c) of this Section, any person violating this Chapter shall be guilty of an infraction, which shall be punishable by a fine of not less than one hundred dollars, but not exceeding two hundred fifty dollars per violation.
(b) 
Any person violating Section 6.112.030(c), 6.112.030(f), 6.112.030(g), 6.112.030(l), 6.112.030(q), 6.112.050(a), 6.112.050(c)(5), 6.112.060(a), 6.112.060(c)(5), or 6.112.060(d), or any successor legislation thereto, shall be guilty of an infraction which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(c) 
Any person performing without a performance permit as required by Section 6.112.030(b) shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(d) 
Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code.
(e) 
Nonexclusive Remedies and Penalties. The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
(Added by Ord. No. 1888CCS § 1, adopted 10/28/97; amended by Ord. No. 1949CCS § 9, adopted 7/20/99; Ord. No. 1959CCS § 5, adopted 10/12/99; Ord. No. 2028CCS § 4, adopted 11/13/02; Ord. No. 2047CCS § 6, adopted 7/9/02; Ord. No. 2075CCS § 4, adopted 5-13-03; Ord. No. 2145CCS § 3, adopted 11/23/04; Ord. No. 2337CCS § 3, adopted 12/14/10; Ord. No. 2713CCS § 1, adopted 9/13/22)
This Chapter shall not apply to:
(a) 
Activities approved pursuant to Chapter 6.36 and Section 3.36.180 of the Santa Monica Municipal Code.
(b) 
Any approved participant in any City approved farmer's market.
(c) 
Any person who has obtained a community event permit pursuant to Chapter 4.68 of the Santa Monica Municipal Code.
(Added by Ord. No. 1888CCS, § 1, adopted 10/28/97; amended by Ord. No. 2713CCS § 1, adopted 9/13/22)