§ 2408.

ISSUANCE, DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATE: APPEALS

a.

The issuance of Street Artist Certificates is governed by Section 5 of Proposition “L.” The violation by a street artist of any provision of Proposition “L,” this Article or any rules or regulations issued pursuant to this Article of which the person has been given notice, shall be grounds for denial, suspension or revocation, after a public hearing and for good cause shown, of the Street Artist Certificate.

b.

The Art Commission shall adopt rules and regulations governing appeals from a denial, suspension or revocation of a Street Artist Certificate. A public hearing on the suspension or revocation of a Street Artist Certificate shall be conducted by the Street Artist Program Committee. The findings and recommendations of the Street Artist Program Committee shall be submitted directly to the Program Director, who shall approve or disapprove such findings and recommendations. The Program Director shall not amend such findings and recommendations. The Program Director may disapprove the findings and recommendations of the Street Artist Program Committee and order a rehearing only if: (1) the Program Director finds that a fair and public hearing has not occurred; (2) evidence critical to the street artist’s case was not introduced except that a street artist shall not be relieved of his or her failure to put on evidence unless it was improperly excluded, or it constitutes new evidence which the street artist using reasonable diligence could not have obtained until after the hearing; or (3) the artist failed to appear at the hearing and has, for good cause, subsequently requested another hearing. A street artist shall have five business days following his or her hearing before the Street Artist Program Committee in which to request a rehearing, after which time the Program Director shall render his or her decision on the Program Committee’s findings. The decision of the Program Director shall be made in writing, and may only be appealed in accordance with Section 2409. The Program Director’s decision concerning the suspension or revocation of a Street Artist Certificate shall not be appealable to any level of the Art Commission.

History

(Added by Ord. 41-83, App. 2/4/83; amended by Ord. 291-94, App. 8/4/94)

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