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HomeMy WebLinkAbout2017-02-8468ORDINANCE NO. 2017-2-8468 AN ORDINANCE AMENDING CHAPTER 98, ARTICLE VIII, "ARTIST SETUP AREA" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, this Ordinance amends Chapter 98, Article VIII, "Artist Setup Code of Ordinances of the City of Paducah, Kentucky; and 201176 " of the NOW THEREFORE be it ordained by the Board of Commissioners of the Citi of Paducah, Kentucky as follows: l SECTION 1. That Chapter 98, Article VIII, "Artist Setup Area," is hereby amended restated to read as follows: CHAPTER 98 — STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE VIII. ARTIST SETUP AREA Sec. 98-221. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a differentmeaning: t granted to a person pursuant to this Article permittee to create and/of sell Original Works of Art in those areas of the City c defined as "The Gazebo Artist Setup Area, or "The Texaco Station Artist Setup Area." Commercial transaction means the selling of any service or goods for any type of price, set fee, or required donation, or the display, wearing, posting or distribution of verbiage or signs that describe or refer to a price, set fee or required donation for any service or goods other than the selling of Original Works of Art. , the -Gazebo Artist Setup Area area means the primary area extending from the coiner of 2nd and Broadway to the two entrances of the carriage turn -around on 2nd Street and Broadway respectively and including the Gazebo area proper. It does not mean the drive-through areas designated for horse carriage traffic or directly in front of the Gazebo entrance facing Broadway. The use of this area is not meant to conflict with the provisions of section 122-71 et seq. The auxiliary over -flow only to be used when this space is filled shall be the 2nd Street promenade sidewalk extended along the old Sinnott Hotel building from Broadway to the alley. Guest Permit perwtk is defined as a permit that will allow an artist that desires to create or demonstrate Original Works of Art art in the stated areas en limited oeeas ons bu does not intend to sell their work. A guest permit shall be is granted by the Cijy of Paducah elpartment of Planning ("Paducah Planning Department") in accordance with the terms and enjiditions of this Article.an aAist. , t sfi .mit for- stated areas.� Handmade artifact means merchandise which is entirely handmade by the la or of the permittee or workers of the permittee; it shall not include any finished products bought for resale, or perishable or edible merchandise. Original Works of Art means only those works produced and for sale by the artist which have been accomplished essentially by hand and any prints of original work of art b the artist ►ther fine art craf Planning Department after consultation with the authorized designee of the Paducah Art a `la 2 Vw-T xaco Station Artist Setup Area means the city's park area at the northeasterly corner of 7th Street and Madison Street. Sec. 98-22�. - Permits required. Every person who shall desire to use the public parks, sidewalks establishments defined in the two ist Setup Areas for creation, demonstration and/or sale of Original Works of Art art as must obtai i either an "Artist Permit" or a "Guest Permit." Permits shall only be issued to persons determined to be in compliance with the terms and regulations of this Article and all other ordinances and policies of the City of Paducah. No other similar permit will be issued by the Cly Manager- t e City of Paducah for the Gazebo Artist Setup Area c+, oo+ r ,°i, . ,, or the Texaco Stf tion Artist Setu Area To.,aee stat .,, in contravention with this Article aftiele. handled of the Paducah Plannins Department under this Article (a) Create an application form for prospective artist. The applications shall be approved by the Director of Planning or his designee. (b) The Paducah Planning Department shall receive and review applications for an Artist Permit or a Guest Permit; and shall approve or deny such permits in accordance with this Article. In the event the Paducah Planning Department determines that the permit Nplication does not comply with the terms of this Article the Paducah Planning Department shall provide the applicant with written advice of the reasons for same. Thereafter, the applicant shall be accorded a period of three (3) dUs to correct or resolve the matters defined under the written advice. If the applicant fails to correct or resolve the matters_ within this period of time the Paducah Planning Department shall issue a formal written notice of denial and shall mail a copy of the notice to the applicant at the address set forth in the application The notice of denial shall set forth the following information: (i) the specific grounds for the denial; and (ii) an explanation of the applicant's right to appeal the denial to the Director of Planning within five (5) days of the date of the notice The Director of Planning shall answer said appeal within fourteen (14) days of receipt. (c) A permit issued under this Article is a privilege. Upon acceptance of a permit, each artist agrees to fully comply with all of the conditions and regulations under this Article In the event the artist fails to comply, the Paducah Planning Department shall have the power to revoke the permit for up to one (1)ear in accordance with the following_ provisions: (i) The Paducah Planning Department shall issue a formal written notice of revocation of the permit and shall mail a copy of the notice to the artist at the address set forth in the initial application; (ii) the Artist may submit a written response and/or correct or resolve the matters defined under this notice within three (3) days of the date of the notice; (iii) this notice shall set forth the specific grounds for the revocation and an explanation of the artist's right to appeal; (iv) the artist shall have five (5) days from the date of the notice of revocation to appeal to the Director of Planning and (v) the Director of Planning shall answer said appeal within 14 days of receipt. The artist shall immediate cease desist and vacate the Oplicable Artist Setup Area upon receipt of the written notice of revocation. Sec. 98-2 3. - Fees. 7 (ab) Any applicant or permittee of the Artist Permit shall x in accordance with Section 98-227. Renewals of "rd of eaek year- and are $35.00. (be) For a "Guest Permit" to be granted , there is no fee. Guest Permits are only valid for a single occurrence and only for creation and/or demonstrations of Original Works of Art, not sales. Sec. 98-224. - Exhibition of work. (a) While an Artist Permittee pewee under this Article ewe is working, he or she may also exhibit and sell his or her own Original Works of Art original fine aft w on the permitted site. (b) An Artist Permittee or a Guest Permittee shall , he or she not engage in any commercial transaction as defined herein. . (c) Only persons holding an Artist Permit or_a Guest Permit pennits may place approved carts, easels, tables, chairs or similar furniture within either Artist Setup Area. (d) To protect the public health, safety, and welfare, the City Manager Director of Planning, or his designee, is hereby authorized to resolve any disputes by altering permits, r allocating spaces granted to permit holders of this Article, seetiefl, or reducing the number of artist spaces in order to accommodate the various parties using the city's public places. Sec. 98-225. - Postings required. (a) Permits granted under this Article ai4iele shall be weatherproofed and posted in a conspicuous location. (b) The total sales price for Original Works of Art eempleted original fire a shall be displayed on a removable temporary sign no larger than eight and one-half inches by 11 inches. Sec. 98-227. - Regulations for permits. (a) Any person who shall apply for an "Artist Permit" or a "Guest Permit" under this Article aF iele for- the first time shall obtain an applieation &em the AAist Genunifte and shall submit sueh the required application to the Paducah Planning Department for approval. Applicant for an Artist Permit shall pgy the annual permit fee as set out in Section 98-223 to the Cijy of Paducah's Finance Department prior to issuance o the Artist Permit. The AAist Cemmit4ee shall have 30 days te respond and shall " ' II ppheant in Nwiting> a4 the address oft the appheatien, the po.mit f.,.m the date of the lotto,- of , e fifieati .,, Failure of the applicant to appear in person at the City of Paducah's Finance Department finanee depaAfaea4 to vav the annual permit fee and secure the permit within fifteen 15 days of the date of the letter of notification the 15 day pence shall invalidate the application, and the applicant shall be required to submit a new application in accordance with this Article. puEsuafA4e the above (b) Artist Permits shall be valid from the date of issuance to the date when artist permittee is next required to submit its annual renewal application and pay the annual permit fee to the Cily Finance Department. Annual Artist Permit fees are due to the Cily of Paducah's Finance Department "Paducah Finance Department") and renewal applications are due to the Paducah Planning Department on or before the 15th dgy of April of each calendar year. Each artist i3ermittee shall submit the renewal application, and pay the annual Ai tist Permit fee on or before the close of cjjy business on the due date. Whenever the due date for submittal of the renewal application and pgMent of the annual Artist Permit fe falls on a Saturday or Sundgy, the permittee shall be given an extension until the following-Vondgy to submit the renewal application and ygy the annual ermit fee. In the event the following Monday is a city holida the permittee shall be given an additional extension to the ci 's next business dgy to submit the renewal application and pgy the annual ermit fee. Notwithstanding the aforementioned extension the ermittee shall nevertheless c mply with the requirements for a timelag as defined under this Article. 8 L sha4l not require applieation pr-eeess outlined above. The peFmit ffiay be obtained imme hately upon the request for renewal and payment of fee. (c) If a permit is not secured as required by this Article and osted in accordance with Section 98-225, such violator of this Article shall immediate cease desist and vacate the applicable Artist Setup Area. Should -a" artistes„moo n Aist Po.., it” rail to renew e-hpeFmit iN4-hin the Ref -1;4 of the felle�A4ng ealendar- year in whieh it was issued-, d) Any hermit issued under this Article shall be designated on the face of the vermit as "Artist Permit" or "Guest Permit". Sec. 98-228. - Artist regulations. (a) Each permit holder may occupy only one space in either the Gazebo Artist Setup Area or the Texaco Station Artist Setup Area. A permittee may not occupy a space in both the Gazebo Artist Setup Area or the Texaco Station Artist SeWD Area. A typical space is six C6J feet by Len Ll D 4-2 feet. Placement and usage of allocated spaces in the Artist Setup Areas shall be coord nated by the Paducah Planning Department after consultation with the authorized &gg.ee of the Paducah Art a `la Cart Association or other local artist association selected (b) Space within the designated Artist Setup Area ai4is4 setup are will be available daily, only, on a "first come, first served" basis. A particular space shall not become the exclusive space of any permittee. Spaces may not be held overnight. (c) No person may be allowed to place easels, tables, chairs or similar furniture in the location occup ed by another artist or directly in front thereof. An artist who simultaneously displays his work in two contiguous or noncontiguous locations shall immediately remove his work from one such location. (d) An artist who is working a location shall not display his work or place his equipment or himse If in such a way as to block the sidewalk or interfere with pedestrian traffic or the artist next to them. They shall keep their sidewalk clean. When a member of the public is in front of anfist's location, no other artist will solicit or in any way try to attract attention. (e) Artists with permits shall Y49 yield to any new or existing permitted functions specifically authorized by the Cily of Paducah and occpipying space within either of the Artist Setu Areas whieh might be issued b the eat, that would „__„p_ ssaid ni4ist cut-up Areas. To the extent reasonably possible, the Paducah Planning Department direeter- A, 41 be „^thio -Mi advan me ef pefmitted events in or -de will use its best efforts to notify, permitted artists of such strictions. fie setting up on rest-Fie4e time orFailure to notify will not absolve the ve ittee from complying with such restrictions. goo net afros+ the validity of the „ow4y (f) Artist may display one sponsorship placard provided it does not exceed 8%2 X 1 I inches. (g) The hours of exhibition may be anytime between 5:00 a.m. and 10:00 p.m. SECTIO$ 2. That Chapter 98, Article VIII, Section 98-226. - "Artist Committee," is hereby repealed in its entirety as follows: 4a!nr-MM ==2MTSf.LT![!.R7!!}!*�5. ■:�a�e�:s esrs em: r:rs Jill We RIMM E .:��.�irir�ri�:.�.a:Ji�enzeii� •i�.��ric :ri������is�zizitwia:.ri �_s!f�!!S_+eiT-M.- SECTION 3. SEVERABILITY. If any section, paragraph or provision of this Ordin ce shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 4. COMPLIANCE WITH OPEN MEETINGS LAWS. The City Co ission hereby finds and determines that all formal actions relative to the adoption of this Ordiriance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in me Aings open to the public, in full compliance with applicable legal requirements. SECTION 5. CONFLICTS. All ordinances, resolutions, orders or parts thereof in c nflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repeale I and the provisions of this Ordinance shall prevail and be given effect. SECTION 6. EFFECTIVE DATE. This Ordinance shall be read on two separate d and will become effective upon summary publication pursuant to KRS 424. ATTEST: Introduced by the Board of Commissioners, February 7, 2017 Adopted by the Board of Commissioners, February 14, 2017 Recorded by City Clerk, February 14, 2017 Published by The Paducah Sun, February 16, 2017 Plan/98-Article VIII, Artist Setup Area 10