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HomeMy WebLinkAbout0006_3_ATTACHMENT - Busking Guidelines and Rules BUSKING PROGRAM INTRODUCTION The City of Lake Elsinore (“City”) recognizes the cultural importance of busking, and seeks to cultivate and protect their artistic contribution to the Lake Elsinore community. The purpose of this Busking Program (“Program”) is to manage the time, place, and manner of use of the designated busking activity locations (“locations”), as well as allow the opportunity for buskers to sell or solicit monetary revenue in return for providing busking-originated products or services. The program serves buskers who create handmade artisan products or provide busking activities or services for the public by playing a musical instrument, dancing, singing, reciting, puppetry, pantomime, magic, clowning, juggling, painting, drawing, and other forms of expression. Buskers are required to submit an application and associated documentation to obtain a busking permit and secure a busking location. Busking permit applications are considered based on the proposed busking activity’s conformance and consistency with the Busking Guidelines and Rules, number of similar busking activities, availability of busking locations/time slots, and busking application completeness. Buskers with a busking permit will be provided a busking badge, which shall be worn at all times while engaging in busking activities. The City assumes no responsibility for the content of the busking activities. The benefit of participating in the program is that permitted buskers are secured a location during a specified time frame for busking activities, and are eligible to receive monetary revenue for busking-originated products or services in the designated locations. BUSKING PROGRAM GUIDELINES BUSKING RESPONSIBILITIES Buskers are required to follow the Guidelines and Rules and comply with the City of Lake Elsinore Municipal Code Section 5.58 Permitted Busking Ordinance. Buskers shall familiarize themselves with the Guidelines and Rules before busking in the City of Lake Elsinore. The Rules are attached hereto and are also available at www.lake-elsinore.org in the Community Services section under buskers. PARAMETERS Buskers shall demonstrate a professional presentation and appearance, quality handmade products and/or services, and a unique talent that brings valuable entertainment to the Program. Busking permits are available for individuals and groups of individuals 16 years and older. Individuals under the age of 18 years are required to provide parent/guardian consent. Busking permits are available for cohesive group busking activities of up to six (6) people. Each individual busker of the busking group must be listed on the busking permit and each display their own busking badge while engaging in busking activities. If any individual busker also performs in alternative group configurations, the individual busker must obtain a separate busking permit and busking badge for the alternative group. Busking permits and busking badges are not transferable. Each busker must provide a separate insurance identification waiver. In addition, each busker or busking group must obtain a City of Lake Elsinore Business License. The permit for an organizational entity will require written consent of the organization. Busking is permitted between 10:00 A.M. and 10:00 P.M. on Fridays, Saturdays, Sundays, City observed holidays, unless authorized by the City Manager, or designee. Busking may be permitted during special events within alternative designated busking locations, with authorization from the City Manager, or designee. Each busker or busking group is assigned a designated busking location with a specific day/time slot for use. Buskers may not engage in busking activities outside of the specified location/day/time slot. Time slots are four (4) hours in length and will generally have the following start times: 10:00 A.M., 2:00 P.M., and 6:00 P.M. Busking locations are indicated on busking permits. Buskers may secure a permit that is valid for up to three (3) different location/day/time slots. Buskers may request preferred locations/days/times for these slots in the busking application. Buskers or busking groups may request new locations/days/time slots upon permit renewal. Buskers must clear the location in enough time to allow the next busker to begin setting up at the start of the time slot for which they are permitted. Buskers must remain in the perimeter of the designated location while engaged in busking activities. The City Manager, or designee, may add, remove or alter designated locations, as deemed necessary. Buskers are permitted to utilize battery powered lighting, provided it remains contained within the specified busking location. Buskers are permitted to utilize amplified sound utilizing battery powered sources in certain designated busking locations, as indicated in the busking locations map attached hereto, provided that the sound levels do not exceed the City’s noise ordinance. Buskers are subject to all laws regarding the obstruction of public right-of-way. The sidewalks must remain accessible for pedestrians and in compliance with all disability access laws. Pedestrians must not be forced into the roadway in order to circumnavigate the buskers or the audience members. Buskers must control their audiences in order to accommodate passers-by. Buskers may sell busking-originated products or services. A busking-originated product or service is any product or service that directly relates to the busking activity and is created by or provided by the busker. The product or service may be priced at the discretion of the busker. The price must be disclosed to the purchaser in advance of selling the product or service. If purchaser decides not to purchase a product or service, the busker must respect that person’s decision and not harass the person or require the sale. No other product(s) or service(s) may be sold. Buskers must be aware that other federal, state, and local laws may apply to their activities and sales, including without limitation, local, state, and federal tax laws. It is each busker’s sole responsibility to ensure that they are familiar with and comply with such laws. Buskers are subject to the Lake Elsinore Municipal Code. PERMIT Permit applications are available online at www.lake-elsinore.org. Complete Applications include a filled in and signed application form, personal identification, passport-size photo for the ID Badge, and an authorized indemnification waiver for each busker. Busking permit applications are reviewed and administered by the City of Lake Elsinore’s Department of Community Services. Desired busking permit locations/days/time assignments must be indicated on the busking permit application. Busking permit applications are considered based on the proposed busking activity’s conformance and consistency with the Busking Guidelines and Rules, number of similar busking activities, availability of busking locations/time slots, and busking application completeness. Upon permit approval, the busker or busking group must obtain a City of Lake Elsinore Business License. To pick up your busking permit, buskers must provide a copy of the City of Lake Elsinore Business License and obtain busking badges for each person listed on the busking permit. A non-refundable processing and permit fee of $20.00 is collected at the time the application is submitted. Upon permit approval, an additional non-refundable fee to produce each busker badge is $5.00 per busker and due at the time of permit and badge distribution. Busker/busking group is responsible for the other associated costs, such as City of Lake Elsinore Business License. Busking permits are valid for periods of 120 days. Busking permits may be renewed every 120 days, provided the busker or busking group has remained in compliance with the Busking Guidelines and Rules. Permit renewal applications can be found online at www.lake- elsinore.org or at the Lake Elsinore City Hall, located at 130 S Main Street, Lake Elsinore, CA 92530. A non-refundable permit extension processing fee of $10.00 is collected at the time the application for permit extension is submitted. Suspended buskers will be required to submit a new busking permit application (including the associated documentation and fees) and receive permit approval prior to performing busking activities in the City of Lake Elsinore. BUSKING PROGRAM RULES 1. All elements of the Busking Guidelines are incorporated into these Rules, which shall be adhered to at all times. 2. Buskers shall conduct themselves in a safe, respectful, and cooperative manner. 3. Buskers shall demonstrate professional presentation and appearance at all times. 4. Buskers shall be proficient at a unique talent that brings valuable entertainment to the Program. 5. Entertainment services or products shall be appropriate for audiences of all age groups in a public setting and in accordance with local laws. 6. Buskers may provide reasonable quality handmade products and/or services. 7. No busker shall sell or distribute products intended for ingestible consumption or products used on skin, such as creams, lotions, lip balms, etc. 8. Prices for busking-related products shall be conveyed to the prospective buyer in advance of delivery of the product. No unrelated merchandise is permitted. Buskers are subject to all applicable tax laws. 9. Buskers performing services shall conduct the busking activity whether or not they receive compensation for their busking activity. Buskers shall not use aggressive measures to solicit donations. Aggressive collection behavior involving harassment or intimidation of any person is subject to enforcement of applicable laws. Complaints by the community will be kept on file by the City of Lake Elsinore and may be used as evidence in revoking or refusal to reissue a busking permit. 10. Buskers shall only engage in busking activities within the perimeter of their designated busking location, unless authorization has been obtained by the City Manager, or designee. Buskers may not impede access to sidewalks, streets, or places of business. Buskers may not disturb or interrupt local commercial businesses or other buskers. The City Manager, or designee, may add, remove or alter designated locations, as deemed necessary. 11. Buskers are responsible for controlling their audience and busking activity area including, but not limited to, keeping the sidewalk clear for pedestrians, keeping the audience out of the street and properly disposing of any waste or debris after the busking activity. 12. Busking sites shall remain clean and uncluttered during busking activities. 13. Buskers shall not connect an electrical cord to an adjacent building or to a City power source. Buskers using a power source must be entirely self -contained and battery operated. Gas operated generators are not permitted. 14. All equipment must remain under the control of the busker or designee. No equipment shall be left unattended for any length of time, nor shall equipment reduce pedestrian access. Abandoned equipment deemed a risk to the public may be confiscated or destroyed. 15. No busker shall utilize public seating, tables, or chairs during busking activities. 16. Busking location shall be returned to its existing condition prior to vacating the area. 17. Buskers are permitted to erect temporary shade structures of no more than 10’ x 10’ while engaging in busking activities, provided that the shade structures are weighted down. 18. Buskers shall practice be courteous and maintain relatively low noise levels. Sounds shall be aimed away from private residences or businesses. If the City of Lake Elsinore Staff or Riverside County Sheriff’s Department determine a busking activity to be too loud, disruptive, or in any way unsafe, the busker may be cited and/or order to cease their activity. 19. Buskers may only utilize battery operated amplification devices at certain designated locations, as indicated on the busking locations map. 20. No busker shall use any object or engage in activities likely to cause harm to the busker(s), the public, personal or City property or the environment. This may include knives, guns, swords, torches, flames, axes, saws, aerosol spray cans or other objects that can cause bodily injury. Candles are permitted without flame. 21. The use of illegal drugs and/or consumption of alcohol is not permitted while engaging in busking activities. 22. Busking is permitted between 10:00 A.M. and 10:00 P.M. on Fridays, Saturdays, Sundays, City observed holidays, unless authorized by the City Manager, or designee. Busking may be permitted during special events within alternative designated busking locations, with authorization from the City Manager, or designee. 23. Buskers are assigned designated busking locations for four (4) hour time slots beginning at 10:00 A.M., 2:00 P.M., and 6:00 P.M., as indicated on the busking permit and busking badge. 24. Buskers shall not exceed their designated time slot for engaging in busking activities. Busking time slots include set-up and take-down time. 25. Under no circumstances may a permit be ‘sold’ or ‘rented’ or ‘loaned’ to any other busker. 26. Buskers must wear or display their busking badge in a prominent and visible location at all times while busking. Wearing or displaying a counterfeit or out-of-date busking badge will be cause for immediate removal from the busking location, possible warning or citation as applicable and may result in the denial of a future busking permit. 27. Buskers under the age of 18 years are required to provide parent/guardian consent. 28. Each busker or busking group shall obtain a City of Lake Elsinore Business License prior to engaging in busking activities. 29. By issuing busking permit, busking badges, and Business Licenses to buskers, the City of Lake Elsinore does not assume any responsibility for any public liability claims made against buskers, nor does the issue of a permit approval imply that the busker is independently insured for public liability. The City of Lake Elsinore does not affect insurance for the activities of buskers. Buskers must sign an indemnification waiver prior to engaging in busking activities. 30. Buskers are subject to Chapter 1.16 Violations of the Lake Elsinore Municipal Code. The following officials are authorized to enforce the provisions of this Chapter: City of Lake Elsinore Code Enforcement and the Riverside County Sheriff’s Department. These representatives are permitted to revoke permits if the holder is causing public inconvenience, is likely to cause harm to the public or property, or is otherwise in breach of Section 5.58 of the City of Lake Elsinore Municipal Code. No pro-rata refund will be made for the remaining term of the Permit. Revocation of the busking permit may be appealed pursuant to rules and procedures in the City Municipal Code. 31. Buskers must comply with directions issued by authorized officers of the Sheriff’s Department, Ambulance, Fire and any other emergency services. 32. Buskers must comply with all laws. Violators are subject to removal from City property and/. 33. The City of Lake Elsinore reserves the right to take and publish photographs and recordings, which may include buskers. The City may use performers name or image in the marketing of the program. 34. Buskers must not act or represent themselves as agents or employees of the City of Lake Elsinore. 35. The Busking Guidelines and Rules are posted at Lake Elsinore City Hall (130 S Main Street) and on the City’s website at www.lake-elsinore.org. Buskers are expected to check it on a regular basis for changes in rules, information on scheduled events and announcements about the Program.