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ORDINANCE NO. 1903
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE NO. 1824 AND REPEALING
ORDINANCE NO, 1889, WHICH AMENDED CHAPTER 13,
LICENSE AND REGULATIONS, OF THE CODE OF ORDI-
NANCES OF THE CITY OF CLEARWATER, FLORIDA, 1962,
WHICH PROVIDED FOR THE STREET ARTISTS AND
CRAFTSMEN'S LICENSES AND THE STANDARDS AND
REGULATIONS THEREFOR, TO RENUMBER SAID ARTICLE
AND SECTIONS AND TO PROVIDE THAT THE LICENSES
REQUIRED SHALL BE VALID FOR FOUR MONTHS FROM
DATE OF ISSUANCE; PROVIDING FOR REPEAL OF ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING
FOR THE SEPARABILITY OF THE PROVISIONS HEREOF;
PROVIDING FOR PROPER NOTICE OF PROPOSED ENACT-
MENT; AND PROVIDING FOR THE EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, the City Commission of the City of Clearwater, Florida,
passed Ordinance No. 1824 on September 21, 1978, which ordinance amended
Chapter 13, License and Regulations, of the Code of Ordinances of the
City of Clearwater, ' Florida, 1962, to provide for street artists and
craftsmen's licenses and the standards and regulations therefor; and
WHEREAS, subsequently the City Commission passed Ordinance No.
1889 on March 1, 1979, which amended the licensing periods for the issuance
of such licenses; and
WHEREAS, it has been brought to the City Commission's attention
that the article number and the section numbers are ones which have previously
been used in the codification of the ordinances of the City of Clearwater and
should be changed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Ordinance No. 1889 which was passed by the City Commission
of the City of Clearwater, Florida, on March 1, 1979, is hereby repealed
in its entirety.
Section 2. Section 2 of Ordinance No. 1824 which was passed by the
tip
City Commission of the City of Clearwater, Florida on September 21, 1978,
is hereby amended so as to- renumber the article and sections thereof aid
to amend Section 13-203, as renumbered, License required, to read as follows:
-1-
Ord. 1903 4/19/79
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?"' a XII.
a ARTICLE X4. STREET ARTISTS AND CRAFTSMEN.
203.
Section 13497. License required.
' Any person desiring a street artist and craftsman
r license shall make written application to the Board of
Street Artists Examiners on application forms to be provided
;`'? ,• ?,°? by the Board, which forms may be obtained from the City
License Department. Licenses will be valid for four months
from date of issuance. 36ioenaing-perkKt&will- 4>e- l nber-l--
a° ,2, f` Ftabmwrry= 29 F 4iareh-l- ---June -3b;-and-Ady- i -- Qobobe;r- 31 r
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f wr y}?; Section 13-198r Criteria for license authorization.
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In determining whether or not to authorize issuance of a street
artist and craftsman's license, the Board shall consider the
following in addition to the screening guidelines set out in
Section 13-199 205-
(1) Samples of each original item of artwork or craft that the
applicant wishes to sell.
(2) Finished and unfinished samples of the applicant's work.
(3) Sales receipts for materials used including invoices for
tools and supplies.
The Board shall examine the materials provided to verify
that the work is the applicant's. Failure to provide acceptable
invoices showing the name of the seller, the name of the buyer,
and the date of the sale may be grounds for rejecting the application.
Prior to rendering its decision the Board may designate one or
more of its members to visit the applicant at his or her studio to
watch the applicant at work on the art or craft.
At a meeting of the Board it shall issue its decision with respect
to issuing or denying a license to each applicant, which decision
shall be affirmed in writing within thirty (30) days of the Board'a
interview and examination of the artist's work.
Where the Board directs that a license issue, the applicant shall
present such order to the City License Department together with
a current photograph of the applicant. Upon payment of the
required license fee a street artist's and craftsman's license
shall be issued. Said license shall be presented to the Police
Department which will issue an identification card containing a
photograph of the licensee. Such license and identification card
may not be transferred to or otherwise used by any person other
than the person identified on the license.
The license issued pursuant to this Article shall contain a require-
ment that each license holder is'to be responsible for the maintenance
and cleanliness of the area assigned to such holder, and failure to
maintain and otherwise clean up the area on a daily basis shall be
considered as a ground for revocation of the license.
Only original or handcrafted items may be exhibited or sold. Hand-
crafted items are one-of-a,kinc'„ _nop,rpaes produced, non-
manufactured items.
The license issued pursuant to this Article shall contain a requirement
that each license holder is required to exhibit in his assigned space
a minimum of one calendar day per week and a total of 8 calendar
days per month. Failure to do so may be considered as a ground
for revocation of the license.
Ord.; 1903 4/19/79.. -2-
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Section 13-1-". Guidelines to authenticate originality of work.
1
In addition to the material and for the purpose of examining all such
material provided pursuant to Section 13-198 of the Code of Ordinances,
the Board shall use the following guides to authenticate that the artist
or craftsman has made or produced the work they wish to sell'.
(a) LEATHER WORK INCLUDING BELTS do SOFT CLOTHING :
All tooling must be done by hand (no machine design work,
rolled or clicker allowed). No belt buckles sold separately,
unless made by the leather craftsperson. Sewing machine
applied deaigne are allowed.
(b) FABRICATED OR CAST JEWELRY:
Handmade jewelry is fabricated or cast with raw materials
such as silver, gold, bronze, etc. If the finished item is
producted by starting from raw materials by fabrication
or by making original molds from, original work, it is then
considered to be handcrafted. Assembly alone does not
constitute being handmade. Castings from commercial wax
patterns are not acceptable. If items are fabricated or
cast, one does not necessarily have to do one=s own lapidary
work. Stones not cut by the craftsperson cannot be sold
separately. Stones cut by the craftsperson can be sold
without being set.
(c) SHELL JEWELRY:
Artist cannot mount shell on store- boughtneck ring. If
shell is worked on (and then mounted on store-bought neck
ring), it will fall into the LAPIDARY category.
(d) BEAD STRINGERS:
Beads cannot be sold the same as purchased; and when
beads are re-strung, the final design must be different
from the original purchased design. Individual beads
not made by the craftsperson cannot be sold separately.
No purchased bead, shell, bangle, or crystal may be
attached to a store-bought neck ring or chain.
(e) BEAD MAKERS:
May sell individual beads or jewelry made by themselves
from their own beads. If a bead maker creates strings
that include both self-made beads and purchased beads,
the rules for BEAD STRINGERS will be applied'in screening.
(f) CASTINGS AND SCULPTURE INCLUDING CERAMICS
If the finished item is produced by starting from raw materials
by 'reduction or fabrication, it is then considered handcrafted.
Original molds are accepted from non-original objects only
if of a highly innovative nature, or only if they represent a {
new way of conceptualizing the original object.' Ceramic
glazes containing lead will not be allowed on kitchenwares.
(g) FIBRE:
Macrame, crochet, knitting, weaving and other fibre crafts
start with un-knotted cord, string, rope or yarn, producing
a finishedproduct using a series of knots and braids with the
option of other materials. Fibre spun and dyed by the crafts-
person can be sold un-knotted and unbraided.
Ord..1903 4/19179 -3-
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(h Ct%NDLES:
Wax, as raw materials, is changed into any variety of forms _ .i :. a'.?:;.;r.,;,(??"'"- ?'''.•
by direct manipulation. Dipped, fabricated and candles
molded from original designs are acceptable. Candles
made from molds not created by the craftsperson must
show a change from the original mold to ensurz that artists
have made the work they wish to sell. Candles made from
kits are not acceptable. :; •
(i) PHOTOGRAPHY: {
The artist must do the original shooting of the subject.
-,'til=:
If only the shooting is done, then a limit to the number of
prints may be set. Self-developing film camera work ..;zti`a :,•.,. ,,f.;.?.?..<,::,.': .
?, '•t?'a``•' 'w
so conceptually unique m e • ': ?.:?' .
should be employed in some ann r. w 'I,
(j) PRINTS i? r??)1`ti;?c.. ,
Artist must do the original artwork. If prints from original `WYn%`e?~'??1 1 ' 1
artwork are also done by the artist, the number of prints
allowed is un imited. If printing is not done by the artist,
limited editions (for street selling) are required. The limits : • 's`'
set on. editions will vary depending on the size and cost of y
prints. However, no multiples printed by someone other oil
than the street artist will exceed an edition of 500 for sale
on the street.
(k) ENAMELING:
Designs must be original work by the artist. Commercial
stencils are unacceptable.
(1) TERRARIUMS:
Terrariums must be planted by the craftsperson, or, in
the case of unplanted terrariums, they must be constructed
from the raw materials. Bottles alone are unacceptable.
Plants cannot be sold separately.
(m) WOODCRAFTS:
Craftsperson must start with a rough piece of wood, slab,
or log, and change the shape of the wood to a finished product.
Staining a pre-cut or pre-routered shape is not considered a
handmade craft.
(n) TEXTILE ARTS:
Handmade textiles are defined as follows: Beginning with
cloth or garments and making, changing, or adding a pattern
design, i. e. batik, tie dye, handpainting, airbrush, silkscreen,
etc. Mass-produced commercial decals will be unacceptable.
If the artist makes the original design (to be applied to the
textile), but the design is not reproduced by the artist, then
limited editions are required. (See PRINTS category)
(a)
,Or`d.f 1903
SEWN ITEMS (INCLUDING SOME PUPPETS 9c DOLLS):
Beginning with a basic fabric and cutting and sewing it
together to produce a finished product, the item is acceptable;
i. e„ garments, toys, applique, pillows. But application of
mass-produced commercial patches or iron-ons is unacceptable.
Patches and iron-ons designed by the artist, but not reproduced
by the artist, will have limited editions. (See PRINTS category)
4/i9/79
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i,y (p) FEATHER ART:
` The featherwork should be constructed by the craftsperson
using feathers and other accessories. Pre-strung boas,
pre-glued mats, and other pre-constructed pieces are
/.? unacceptable. No items containing feathers from endangered
species will be allowed.
f ^ + r
(q) GLASS:
Blown glass is heated and handblown by the artist, Stained
I 6 ..:
' fir. '• ? ? glass is cut by hand and painted or silkscreenGd or arranged
to produce a design or pattern.
'? (r) PUPPETS AND DOLLS:
See either SCULPTURE or SEWN ITEMS for these guidelines.
.? (s) PLASTIC AND METAL ARTS:
{ r
r : r`" s r Guidelines for CAST ITEMS (CASTING AND SCULPTURE)
/ r apply, as well as guidelines for GLASS, WOODCRAFTS,
and CERAMICS.
' (t) DECOUPAGE;
Craftsperson must use original work or original photograph,
f (u) PLANTS AND DRIED FLOWERS:
All dried flowers must be collected and not purchased,
unless container has also been handmade. No plants
t { 4 acceptable unless container is handmade.
k (v) PAINTINGS AND DRAWINGS:
Traditional •
? and experimental works are eligible, as
long as artist was instigator, maker or collaborator on
} ? work containing his/her own signature. (See PRINTS
-' category for multiples.)
(w) STRING SCULPTURE:
See MISCELLANEOUS ITEMS.
,
t (x) FOUND OBSECTS:
r.
See sections on SCULPTURE and CASTING or
MISCELLANEOUS.
(y) MUSICAL INSTRUMENTS:
SCULPTURE or WOODCRAFTS guidelines apply, except
in exceptional cases.
(x) ,DOUGHCRAFT:
See SCULPTURE AND CASTING guidelines.
V`
Or'd .;'3.903 X129/79.
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(aa) PIPE5:
See WOODCRAFTS, CERAMICS, SCULPTURE and
MISCELLANEOUS guidelines.
(bb) MISCELLANEOUS ITEMS:
Any craft that takes a material and changes it into an
entirely dif''erent shape, design, form or function is
acceptable as a handcraft. Any purchased kit is not
acceptable, even though it would be assembled by hand.
(cc) TOYS:
Toys must contain no toxic materials, and the toymaker
must demonstrate that the toys are safe. Toys are generally
covered under the rules for SCULPTURE, WOODCRAFTS
and SEWN ITEMS. All other toys will be considered under
the general criteria set for MISCELLANEOUS ITEMS.
(dd) PAPER AND PAPER MACHE:
The rules for SCULPTURE and JEWELRY will applied to
paper mache. Handmade paper may be accepted if the artist
works from the raw materials to the final product.
(ee) LAPIDARY:
The artist must cut, polish and engrave all stones he or
she sells. The lapidist must demonstrate knowledge of
the tools of lapidary.
(if) COIN CUTTING:
Same rules as JEWELRY.
(gg) KITE MAKING:
The rules applied to MISCELLANEOUS ITEMS will apply
here.
In addition, all such art work is subject to final judging by the selection committee.
206.
Section 13-ZOO. Revocation of license.
(a) Upon being satisfied that the holder of a street artist's
and craftsman's license has violated any of the provisions
of the City Code, including any provisions within Chapter 13
of the City Code, or any City, State, County or Federal law
with respect to that which is licensed, the board shall revoke
such license.
Such license shall be revoked only after notice given to the
licensee setting forth the grounds for such proposed action,
and an opportunity for a public hearing which the licensee and
all others concerned shall have the right to:
(1) Offer and examine witnesses and present evidence in
support of their case; and
(2) Cross-examine witnesses and offer evidence to"refute
evidence offered in opposition.
-6-
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The holder of a street artist's and craftsman's license shall
sell, offer for sale or solicit offers to purchase only in those areas
designated by the City Commission pursuant to resolution and
subject to the following regulations:
(k) Street artists and craftsmen may sell, offer to sell, or
solicit offers to purchase between the hours of 9:30 A. M.
and 5:30 P. M. Monday through Saturday of each week,
and from 12 Noon to 5:30 P.M. on Sunday.
(j) No street artist shall sell, offer to sell, or solicit offers
to purchase between the hours of 5:30 P. M. and 9:30 A. M.
of the following day.
(1) All displays, objects placed in those areas designated by
the City Commission shall be removed by 5:30 P.M. and
shall not be placed prior to 9:30 A. M. of the following day.
(m) All artists and craftsmen shall be allowed a maximum of
1 table, 1 display board, 1 chair and 1 umbrella for shelter.
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(b) Whenever the license desired herein has been revoked
pursuant to this section, no subsequent similar license shall
be issued by the City for a period of ninety (90) days sub-
sequent to the effective date of the revocation, unless the
violation which caused the license to be revoked has been corrected.
207.
Section 13-204v Appeal to City Manager.
Any licensee or the licensing agency may appeal the decision
rendered by the Board pursuant to Section 13-200 of the City Code
to the City Manager. Such appeal shall be considered only on the
record provided at the hearing held pursuant to Section 13-200 and
the City Manager may reverse the decision rendered by the Board
only where he determines that such decision is not supported by
competent substantial evidence.
208.
Section 13-20 Regulations for sales by street artists and craftsmen.
(a) Not more than 4-1/2 feet from the curb line of any sidewalk.
(b) Not within 18 inches of the curb line of any sidewalk.
(c) No more than six feet above any sidewalk,
(d) In an area not more than six feet long.
(e) Not on any sidewalk adjacent to curb which has been duly
marked as a fire lane or bus stop.
(f) Not within five feet of any cross walk.
(g) Not from any vehicle.
(h) Not within five feet of the display of any other street artist.
(i) Not within 12 feet from the outer edge of any entrance to
any store or building.
(n) All artists and craftsmen shall be required to leave space
assigned to them in a clean and sanitary condition each sale day.
(o) All artists and craftsmen must keep their displays and assigned
spaces neat at all times.
-7-
Ord. 1903 4/19/79
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Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4, Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 5. , Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Chapter 166.041, Florida Statutes.
Section 6. This ordinance shall become effective immediately upon
its passage.
PASSED ON FIRST READING April 5, 1979
PASSED ON SECOND AND FINAL
READING AND ADOPTED April 19, 1979
ayor- Commis s inner
Attest:
City Clerk
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Or,d3:903 4119/79
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