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The Magic Cafe Forum Index » » The side walk shuffle » » You now need a permit for N.O. (here's the law) (0 Likes) Printer Friendly Version

kasper777
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Here it is, the louisiana code for street performers. a permit is needed, only $15 fee. the following pertains only to street performers, vendor permits differ. enjoy.

nolan

ARTICLE XX. STREET ENTERTAINER* (Chapter 110)

__________

*Cross references: Mayoralty permits required for various callings or occupations or occasions, § 30-69; proof of eligibility for reader permit shall include possession of street entertainment permits, § 30-1286; Jackson Square, § 106-261 et seq.; Vieux Carre, ch. 166.

State law references: Regulation of street entertainers and imposition of privilege tax by city, authorized, R.S. 4:7.



Sec. 30-1451. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Street entertainer means any natural person who:

(1) Alone or in a group, for the purpose of self-expression or entertainment, performs in public;
(2) Who performs without any set fee, required donation or suggested minimum or maximum donation;

(3) Whose performance does not require interaction between the entertainer and any other person; and

(4) Whose performance does not consist of the rendering of a service or the sale or exchange of tangible personal property to any particular individual, audience member or customer, in exchange for any of the aforementioned payments.

Street entertainer includes but is not limited to brass bands, guitarists, pianists, other musicians, tap dancers, jugglers, mimes, puppeteers, unicyclist, clowns, breakdancers, and comedians.

Street entertainment means any of the following activities performed on the streets or sidewalks of this city for commercial purposes or where donations from the public are solicited or encouraged:

(1) Musical performances;
(2) Dances;

(3) Mime;

(4) Juggling;

(5) Sword swallowing;

(6) Magic shows.

(Code 1956, §§ 42-109.1(a), 46-17)

Cross references: Definitions generally, § 1-2.



Sec. 30-1452. Mayoralty permits required for various callings or occasions; schedule of fees.

Every person who shall desire to use the public streets, sidewalks or public places or private places of business establishments for the conduct of any of the businesses or callings set forth in this article or to hold meetings or rallies or public entertainment in private or public halls or places shall first apply to and obtain from the department of finance a permit. Such permit shall in each instance state the occasion for which it is issued and the date upon which it will expire and shall be in addition to any other tax or license to which permittee may be liable. Except as otherwise provided, annual permits expire on December 31. Such permits, however are not valid within the central business district area bounded by the river on the east, Claiborne Avenue on the west, Esplanade Avenue on the north and Howard Avenue on the south, except as provided in section 30-1463.

(Code 1956, § 46-1)

Cross references: Mayoralty permits generally, § 30-66 et seq.



Sec. 30-1453. License required.

Any person wishing to engage in business as a street entertainer shall first obtain a license under this chapter.

(Code 1956, § 46-1)



Sec. 30-1454. Exemptions.

The fee prescribed in this article shall not pertain to persons 17 years of age and under or persons 65 years of age and over.

(Code 1956, § 46-1(42))



Sec. 30-1455. Fee.

The fee for a license under this article shall be $15.00 per year.

(Code 1956, § 46-1(18))





Sec. 30-1456. Use of Bourbon Street restricted.

It shall be unlawful for any person to perform any street entertainment on the street or sidewalk of Bourbon Street from the uptown side of Canal Street to the downtown side of St. Ann Street between the hours of 8:00 p.m. and 6:00 a.m.

(Code 1956, § 42-109.1(b))



Sec. 30-1457. Offense for misuse of permits.

(a) No person, individual, or corporation shall copy, reproduce, or counterfeit, or cause to be copied, reproduced or counterfeited, any permit issued pursuant to section 30-1452 by any form or process, or to otherwise represent something to be a valid permit when it is not.

(b) Whosoever violates the prohibition of this section shall be punished in accordance with the penalty provided for in section 1-13.

(Code 1956, § 46-1.2)



Sec. 30-1458. Fees to go to general fund.

The collector of revenue shall transmit, day by day, as collected by him, to the bureau of the treasury all moneys and fees received for the issuance of the permits required by this chapter. The bureau of the treasury upon the receipt of such moneys and fees shall immediately deposit them in the general fund.

(Code 1956, § 46-5)



Sec. 30-1459. Additional charges for police pension fund.

In addition to the charges shown in the fee schedule for each permit, each applicant shall be required to pay the sum of $0.25 for the account of the police pension fund, which additional sum shall be transmitted by the collector of revenue, day by day, as collected by him, to the chief of bureau of the treasury. At the end of each month the chief of bureau of the treasury shall remit all such sums so collected for account of the police pension fund to the board of trustees, police pension fund.

(Code 1956, § 46-2)



Sec. 30-1460. Obscenity laws to be provided to certain applicants.

The department of finance shall provide a copy of R.S. 14:91.11 relative to sale, exhibition or distribution of material harmful to minors and R.S. 14:106 relative to obscenity to each applicant for a permit under this chapter to conduct live entertainment and to the owner of the premises upon which the live entertainment is proposed to be conducted.

(Code 1956, § 46-2.1)



Sec. 30-1461. Mayoralty permits penalties and interest.

All mayoralty permits must be obtained prior to the occasion for which it is issued. Should applicant fail to secure the permit prior to the occasion, the following penalties and interest shall apply:

(1) Mayoralty permits acquired on a regular yearly basis shall become delinquent February 1 of that year. If the regular yearly permit is not obtained by February 1 of that year, there shall be interest added to the fee at the rate of eight percent per annum from the due date until paid. In addition to the interest that may be so added, a penalty shall be imposed at the rate of 20 percent of the fee if the failure to obtain said permit is for not more than 30 days and with an additional 20 percent for each additional 30 days or fraction thereof during which the failure continues, not to exceed 60 percent of the amount of the fee.
(2) Mayoralty permits acquired on other than a regular yearly basis shall become delinquent at the start of the occasion. If the permit has not been obtained prior to the occasion, there shall be interest added to the fee at the rate of eight percent per annum from due date until paid. In addition to the interest that may be so added, a penalty shall be imposed at the rate of 50 percent of the fee.

(3) The director of the department of finance may, at his discretion, for good cause, waive, in whole or in part, any of the penalties provided in this section.

(Code 1956, § 46-15)



Sec. 30-1462. Permits nontransferable.

Permits issued under the authority of this chapter shall be nontransferable and nontransferable either as to individuals, location or item.

(Code 1956, § 46-3)



Sec. 30-1463. Permits valid in the central business district.

The permits shall not be valid in that area of the city bounded by the Mississippi River on the east, Rampart Street on the west, Esplanade Avenue on the north and Canal Street on the south; provided, however, that vendors who have continuously operated the same business within that area under the authorization of this chapter for eight or more years prior to January 1, 1972 may obtain the same number of permits to operate such businesses within that area as the vendor possessed as of January 1, 1972.

(Code 1956, § 46-1.1)



Sec. 30-1464. Penalty.

Persons who fail to obtain a permit or to comply with any of the other regulations contained in this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the punishment prescribed in section 1-13. A permittee so convicted shall forfeit such permit and not be entitled to a refund of the fees paid therefor.

(Code 1956, § 46-16)

Secs. 30-1465--30-1485. Reserved.
Kozmo
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Ok...so where do you get this permit? Is it truly available?
Dr_Stephen_Midnight
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Permits are defined usually by the city or town in which you wish to do street performing. Check at the Municipal Building for the city or town you wish to perform in. Some places have laws against street performers, as they do against panhandlers. Some downtown areas issue permits, but specify conditions, such as areas where you can and cannot perform.

Steve
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kasper777
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Sorry Koz.

Contact: Street Artists Group, Jose Torres Tama, 1427 Dauphine St, New Orleans 70116 504-948-4607

I don't know about you, but I'm happy they finally came to an end with all of this. I live in Biloxi, MS and been wanting to go over to NO to perform, but with all of the legal problems, I've held off. But now...

Nolan
JoeJoe
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Agreed, having a permit means less hassles from the fuzz ... I wish my town would enact something like this.
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Kozmo
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Yea....IF YOU CAN GET ONE! Sometimes that's the thing that keeps you from doing this.

koz
Vick
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Is anyone reading the board working NO now?

Have you gotten one?

Has it changed anything?
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Review King
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Koz, what about Jackson Square? Can you still just start performing there?

Chris
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the saddest are, "It might have been"

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BroDavid
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The way I read the article that Nolan posted, it sure seems to say that Jackson Square requires a license.

And frankly since they now limit Bourbon Street from 8:00 Pm to 6:00 Am, that just about leaves Royal Street, Jackson Square, and a few peripheral venues that now all appear to require a permit.

But as Koz says, the real test is; "can you actually get one?" Some comunities create a need for a permit simply to create the facade that they are being "entertainer friendly," but then they conveniently don't provide a means to actually get one. So the whole purpose in those cases is to kill street performing. But if that was really the intent in NO, they might have just jacked up permit price, which they did not.

BroDavid
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Kozmo
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Well, a few folks down there have been trying to get rid of street performers. They only want the artists in the square. Jackie Clarkson is her name. She has some power, but the tourists really love the performers. The horn players on the streets, the mimes... I have placed a call to a friend who has yet to call me back. He will know the real deal with this permit. I don't care if you need a permit as long as you can get one. I work there in the winter. It's how I make my living, feed my children. I'd BETTER be able to get one. I might call this chap on the above posted number....we will see what he says.

do you need to be a citizan of NO?....i wonder if that is gonna be a problem?

koz
kasper777
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Here's the website the info was taken from. It's a pretty good site. Scroll down to the bottom for links and many things related to street performing

http://communityartsadvocates.org/StreetArts.html

Nolan
Kozmo
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I talked to Peter, the glass harpist who is currently in, and he says he hasn't heard a thing about a permit. I'm thinking there's somthing wrong here. Everyone is still working....they would know, I'm sure.

koz
kasper777
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Koz, just posting what I read. Don't kill the messanger.

nolan
Max Sparber
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I called City Hall a week ago. They say you don't need one, and they ain't got one.
Chance
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Gentlemen,

The permit shown above is antique -- no longer in use -- and hasn't been required for quite some time now. Stephen Baird could do with a little updating on his otherwise fantastic website.

Chance
Vick
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Does anyone know the current situation in New Orleans?

I was there in January and all the Tarot card readers were at the front of Jackson Square (St. Louis Cathedral side). Were a lot there and none of them looking like they were doing any business

2 guys (magic) were busking the Decatur corners of the Square but had a hard time drawing any sort of edge

1 performer (magic) was working Charters drawing a fair edge but he had to keep telling the specs to keep off the sidewalk (security did come by and tell all the specs to get off the sidewalk or to get moving). He did about a 20 minute show and looked like he got a fairly decent hat

I've heard tell that Charters may be opened up to daytime auto traffic thereby eliminating that area for working. I've also heard it was merchants asking for this

Again please, does anyone know the current information on what's happening in New Orleans?
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