STREET ARTISTS COMMITTEE
Wednesday, May 14, 2003
25 Van Ness Avenue, Suite 70, San Francisco, California
Explanatory documents are available for public inspection and copying at the Arts Commission office, 25 Van Ness Ave, Suite 60, San Francisco, CA 94102 during regular business hours. Tel: 415-252-2581.
Commissioners Present: Dugald Stermer, Kirk Anderson, Denise Roth
Commissioners Absent: Rod Freebairn-Smith
Staff Present: Richard Newirth, Director of Cultural Affairs; Howard Lazar, Street Artists Program Director
In attendance were street artists Linda Hagen, Enrique Perez, Adriel Quintana Loayza, Sean Yore
Commissioner Stermer, Chair, called the meeting to order at 3:11 p.m.
- HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF CERTIFICATE OR RENEWAL OF CERTIFICATE
Adriel Quintana Loayza - Certificate # 5886. Alleged violations: (1) Selling items not certified by Arts Commission (woven thread bracelets; woven bead necklaces; fabricated silver pendants); (2) Selling items not of the artist's own creation (the above items plus South American-style fabricated metal, stone, bead necklaces and epoxy putty items); (3) Selling in a location not designated by the Board of Supervisors.
Street Artists Program Director Howard Lazar clarified that, under the authority of the Arts Commission's Section 5 procedures, the Director of Cultural Affairs had withheld the issuance or renewal of Mr. Quintana Loayza's certificate because of the charges of selling items not certified by the Commission and selling items not of the artist's own creation. According to the language of the procedures, such charges belong to the category of "serious violations" which are considered by the Commission to be "violations that significantly threaten the integrity of the Street Artists Program."
In reference to the first two charges, Mr. Lazar submitted as evidence photos he had taken of Mr. Quintana Loayza at Justin Herman Plaza on April 1st. The Program Director reported that, in a hearing just seven months previously, the Commissioners had found Mr. Quintana Loayza in violation of selling items not certified by the Commission and had issued him a warning "against selling any new item until it is approved." In the present situation, while Mr. Quintana Loayza was able to successfully prove to the Commission's screening committee that he could make all of the items in the photos, he had still neglected to have the items screened and certified prior to the incident of violation.
In reference to the third charge, Mr. Lazar submitted a photo he had taken of Mr. Quintana Loayza on Jefferson Street, south side, Mason to Taylor Streets, on Easter Sunday, April 20th. Mr. Quintana Loayza was observed selling on an oversized table next to a group of illegal vendors - adjacent to the Wax Museum - in an area not designated by the Board of Supervisors. The Program Director also submitted a copy of the written warning he had sent Mr. Quintana Loayza on the previous December 13th for selling in a non-designated location.
In summation, the Program Director recommended a withdrawal of the charge of selling items not of the artist's own creation but urged that the charge of selling uncertified items in the face of a warning remain. He recommended that the Commission's standard penalty of two months' suspension of certificate be imposed. He also recommended that a second warning be issued in reference to selling in a non-designated location.
Street Artist Enrique Perez interpreted for Mr. Quintana Loayza. He said that Mr. Quintana Loayza admitted to the charge of selling uncertified items and asked that the Commissioners mitigate the penalties. Mr. Perez further stated that Mr. Quintana Loayza has resided in the United States for only a year and a half and that he was used to "a different mentality" in Peru. Mr. Perez said that he had explained to him how San Francisco's Street Artists Program works, but that Mr. Quintana Loayza was still confused about the reasons for the charges against him.
Commissioner Stermer responded that Mr. Quintana Loayza had been involved in a similar situation last October, and that it was a long time for him to stay "confused". The Commissioner said that at that time his Committee had made its warning clear (through an interpreter and by letter) that Mr. Quintana Loayza would be allowed to sell only items which had been approved through the screening procedure. In view of the fact that the summer selling season was approaching, however, the Commissioner asked his Committee to consider the possibility of issuing Mr. Quintana Loayza a split two-month suspension whereby one half would be served as soon as possible, provided that the artist waived his right of appeal to the Board of Appeals, and the other half would be served after Labor Day.
After lengthy discussion during which Mr. Quintana Loayza, through Mr. Perez, expressed interest in being able to sell during summer, Commissioner Anderson moved that Adriel Quintana Loayza be found in violation of selling items not certified by the Arts Commission; the motion was seconded by Commissioner Roth and unanimously approved.
Commissioner Anderson moved that Mr. Quintana Loayza be found in violation of selling in a location not designated by the Board of Supervisors; the motion was seconded by Commissioner Roth and unanimously approved.
Commissioner Anderson moved that the certificate of Mr. Quintana Loayza be suspended for a period of two months for selling uncertified items, that half the suspension period be served as soon as possible provided that the artist waive his right of appeal to the Board of Appeals, and that the second half of the suspension period be served commencing the day after Labor Day; the motion was seconded by Commissioner Roth and unanimously approved.
Commissioner Anderson moved that Mr. Quintana Loayza be issued a warning against selling in a location not designated by the Board of Supervisors; the motion was seconded by Commissioner Roth and unanimously approved.
Mr. Perez stated that Mr. Quintana Loayza had decided to appeal to the Board of Appeals.
Commissioner Roth moved that the previous motions regarding certificate suspension and warning be rescinded; the motion was seconded by Commissioner Anderson and unanimously approved.
Commissioner Roth moved that the certificate of Mr. Quintana Loayza be suspended for a period of two months for selling items not certified by the Arts Commission, that the certificate be suspended for a period of three weeks for selling in a location not designated by the Board of Supervisors, and that the two suspension periods run consecutively; the motion was seconded by Commissioner Anderson and unanimously approved.
- HEARING AND POSSIBLE MOTION TO APPROVE FOR SUBMITTAL TO BOARD OF SUPERVISORS DRAFT ORDINANCE AMENDING THE POLICE CODE BY AMENDING SECTION 2405 TO MODIFY STREET ARTIST REGULATIONS
Program Director Lazar reported that the City Attorney's office clarified that, since the Arts Commission had previously voted to approve submittal of an ordinance amending the street artist regulations, it was not necessary for the Commission to vote its approval of the ordinance draft.
The Commissioners reviewed the draft and observed that it contained the following two provisions requested by the Commission: (1) amendment of Section 2405(c)(6) whereby a street artist display would be required to not be within 10 feet, instead of the present 12 feet, of the outer edge of a doorway or entrance; and (2) amendment of Section 2405(c)(16) whereby a street artist display would be required to maintain 8 feet, instead of the present 10 feet, of a pedestrian passageway.
- REPORT BY PROGRAM DIRECTOR
The Program Director reported on his presentation of the Commission's proposal for additional street artist spaces on Jefferson Street at a meeting of the Fisherman's Wharf Merchants Association. Street Artists Kathleen Hallinan and Oscar Bevilacqua had assisted in the presentation and had responded to questions by the merchants. The three will again present the proposal at next week's meeting of the Port Commission's Fisherman's Wharf Advisory Committee.
There being no new business to consider, Commissioner Stermer adjourned the meeting at 3:55 p.m.
Street Artists Program Director
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May 16, 2003