Street_Artists_Committee

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STREET ARTIST COMMITTEE
Wednesday, November 12, 2003
3:00 p.m.
25 Van Ness Avenue, Suite 70

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Minutes

1. Roll Call
   
   Members present: Commissioners Dugald Stermer, Anne Brauer, Rod Freebairn-Smith, P. J. Johnston, Denise Roth
   
   Member absent: None
   
   Staff present: Director of Cultural Affairs Richard Newirth; Street Artists Program Director Howard Lazar
   
   
   Commissioner Stermer, Chair, called the meeting to order at 3:05 p.m.
   
2. Hearing and possible motion to approve issuance of certificate or renewal of certificate
   
   Jian Jin Chen - Certificate #5798. Alleged violation: (1) Selling items not of the artist's own creation (stone rings and animal-link faux silver bracelets); (2) Selling items not certified by Arts Commission (commercially manufactured pendants with minimal knotting).
   
   Because of the above charges of serious violations of the street artists ordinance, the issuance or renewal of Mr. Chen's certificate was withheld pending hearing with the Street Artists Committee.
   
   Program Director Lazar reported on the alleged violations (incidents of May 10 and June 21, 2003) and submitted, as evidence, notes and a photo taken by the Advisory Committee of Street Artists and Craftsmen Examiners.  The Commissioners observed that Mr. Chen had received four previous warnings during the years 2001 and 2002 and observed accompanying photos of Mr. Chen's display relative to one of the warnings.
   
   In response to questions by Commissioners Stermer and Roth, Mr. Chen, through interpreter Ms. Jenny Louie, stated that he did not dispute the charges and that he understood that he could sell only work that he made himself.  In English, he admitted that he had broken the rule.
   
   Commissioner Freebairn-Smith moved that Jian Jin Chen be found in violation of the street artists ordinance by selling items not of his own creation and selling items not certified by the Arts Commission; the motion was seconded by Commissioner Brauer and unanimously approved.
   
   Commissioner Brauer moved that Mr. Chen's certificate be suspended for a period of the two months of January and February, 2004; the motion was seconded by Commissioner Johnston and unanimously approved.
   
   
3. Hearing and possible motion to approve issuance of certificate or renewal of certificate
   
   Zhong Ru Fang - Certificate #4557. Alleged violation: Selling items not of the artist's own creation (commercially manufactured pendants on unadorned cords).
   
   Because of the above charge of serious violation of the street artists ordinance, the issuance or renewal of Mr. Fang's certificate was withheld pending hearing with the Street Artists Committee.
   
   Program Director Lazar reported on the alleged violation (incidents on June 15 and 21, 2003) and submitted, as evidence, notes and a photo taken by the Advisory Committee of Street Artists and Craftsmen Examiners. The Commissioners observed that Mr. Fang had receivied, during the years 1996 through 2002, five warnings: two written warnings from the Program Director and three verbal warnings from the Advisory Committee. The Commissioners also examined photos taken of Mr. Fang's display relative to these incidents (one photo showing his display of commercially manufactured silver rings).
   
   Mr. Fang, through interpreter Mr. Brian Chen, stated that, according to the Arts Commission's requirements, his items complied; futhermore, he did not understand the warnings issued to him.  He submitted to the Commissioners samples of his pendant jewelry.
   
   Program Director Lazar explained how the samples, with their use of commercially manufactured pendants and an insufficient amount of artistic application to the cords, did not meet with the Commission's requirements which insist that the artist significantly cover the cord with beads or knotting and that the pendant be used as an integral part of, and subordinate to, the necklace's design. Mr. Lazar cited the names of several street artists who have receivied approval by the Advisory Committee for meeting these requirements.
   
   Mr. Lazar further pointed out that the Advisory Committee, in citing Mr. Fang, had stated that his pendants were displayed on "unadorned cords" - which were not the same items he was showing to the Commissioners.
   
   Commissioner Johnston commented that Mr. Fang, in receiving his first warning six years before, had had ample time to request help in understanding the warning.
   
   Commissioner Stermer commented that Mr. Fang, in initially submitting his wares to the Advisory Committer for licensing, had been shown what he could and could not sell.
   
   The following motions were translated to Mr. fang, as well as the directive from the Commissioners that he submit any new item for approval before he attempts to sell it:
   
   Commissioner Roth moved that Zhong Ru Fang be found in violation of the street artists ordinance by selling items not of his own creation; the motion was seconded by Commissioner Brauer and unanimously approved.
   
   Commissioner Roth moved that Zhong Ru Fang be found in violation of the street artists ordianance by selling items not certified by the Arts Commission; the motion was seconded by Commissioner Brauer and unanimously approved.
   
   Commissioner Roth moved that Mr. Fang's certificate be suspended for a period of the two months of January and February, 2004, and that the renewal of his certificate be conditioned on his submitting all wares he intends to sell to the Advisory Committee of Street Artists and Craftsmen Examiners; the motion was seconded by  Commissioner Johnston and unanimously approved. 
   
   Commissioner Stermer clarified that Mr. Fang was allowed to sell only the work he had been approved to sell prior to and after his certificate's suspension.
   
   
4. Program Director's Report
   
   Program Director Lazar reported on the recent enactment of the new street artist certificate fees, the first street artist fee increase in over twelve years. He further reported on the Commission's submittal to the Board of Supervisors of a request for additional temporary winter holiday selling spaces on behalf of the street artists.  This was the twenty-second consecutive annual request.
   
   Commissioner Stermer thanked Executive Director Linda Mjellem and the Union Square Association for their cooperation in obtaining more selling opportunities for the street artists during the winter holiday season.
   
   There being no further business, the meeting was adjourned at 4:00 p.m.

         Respectfully submitted:

 

         Howard Lazar

         Street Artists Program Director