STREET ARTISTS COMMITTEE
Wednesday, October 9, 2002
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.
Public comment in regard to specific items will be taken before or during consideration of the item.
The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound producing electronic devices.
- HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF CERTIFICATE OR RENEWAL OF CERTIFICATE
Adriel Quintana Loayza - Certificate # 5886. Alleged violation: Selling items not of the artist's own creation (soldered silver-capped colored stone pendants).
Section 5 of the Street Artists Ordinance allows the Director of Cultural Affairs to refuse to issue or renew a street artist certificate if charges have been filed alleging deception or violation of the Street Artists Ordinance. Under the Arts Commission's Section 5 procedures, the Director of Cultural Affairs may withhold the issuance or renewal of a street artist's certificate if the artist is charged with the violation of selling items not of his/her own creation, a charge of serious violation which is considered by the Commission to "significantly threaten the integrity of the Street Artists Program."
- REHEARING TO APPEAL PROGRAM DIRECTOR'S DECISION TO MAINTAIN WARNING; POSSIBLE MOTION TO WITHDRAW STREET ARTISTS COMMITTEE RECOMMENDATION TO MAINTAIN WARNING; POSSIBLE MOTION TO WITHDRAW PROGRAM DIRECTOR WARNING
Robert Clark - Certificate #2753; William Clark - Certificate #2735. Rehearing and possible motion to withdraw August 14, 2002 Street Artists Committee recommendation to maintain warning; and possible motion to approve request by Robert Clark and William Clark that warning issued by Program Director be withdrawn.
On June 11, 2002, the Program Director conducted a hearing on a request submitted by Robert Clark and William Clark for appeal of the Program Director's May 8, 2002 "NOTICE OF WARNING" issued to the Clarks for having allegedly violated the street artist ordinance at the street artist lottery of May 5, 2002 in the following manner: (1) Obstructing Lottery Committee member Juanita Havet in the performance of her duty of running the lottery, and (2) obstructing the Arts Commission's lottery procedure (Arts Commission Lottery Rule VIII; Section 2406(a) of Ord. 41-83). Upon conclusion of the Program Director's June 11th hearing,the Program Director found "that a significant portion of a Lottery Committee member's performance of duty of running the lottery is the half hour of preparation detail prior to the lottery itself; because of the verbal altercation that occurred between" the Clarks "and Mrs. Havet during that time period, the warning for" the first charge "shall remain." The Program Director further found, however, that because "the lottery procedure itself commenced on time at 9:30 a.m. ... the warning for" the second charge "shall be withdrawn."
On July 3, 2002, Robert and William Clark submitted a request for a hearing by the Street Artists Committee to appeal the Program Director's decision to maintain the warning relevant to the first charge. On August 14, 2002, the Street Artists Committee heard the matter and voted unanimously to recommend that the Program Director's decision to maintain the warning be upheld.
On August 20, 2002, Robert and William Clark submitted a request for a rehearing before the Street Artists Committee "to allow new evidence to be presented which would clarify" a witness's "testimony." The Program Director, citing Ordinance 291-94, Section 2408(b) which provides for the ordering of a rehearing when there is "new evidence which the Street Artist using reasonable diligence could not have obtained until after the hearing," ordered a rehearing scheduled for October 9, 2002.
- REPORT BY PROGRAM DIRECTOR
- NEW BUSINESS
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September 19, 2002