HomeMy WebLinkAboutR-11551 authorize suspension of enforcement of business license requirement for local artists participating in the Box Art ProgramR 11551
RESOLUTION NO. 11551 (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO AUTHORIZE SUSPENSION OF
ENFORCEMENT OF BUSINESS LICENSE REQUIREMENT AS TO
LOCAL ARTISTS PARTICIPATING IN THE CITY'S BOX ART PROGRAM
WHEREAS, in 2010 the City launched the Box Art program as a pilot program to
abate graffiti on utility boxes; and
WHEREAS, in March 2015, City Council approved the Utility Box program to
become an ongoing temporary art program; and
WHEREAS, in December 2016, Council adopted the City’s first Public Art Master
plan which recommended more semi-permanent pieces (i.e. Box Art); and
WHEREAS, in April 2019, City Council approved a streamlined process for the
implementation of short-term and temporary public art projects, including Box Art; and
WHEREAS, in June 2023, City Council adopted the 2023-25 Financial Plan, which
reaffirmed the City's Major City Goals of Diversity, Equity and Inclusion as well as
Economic Resiliency, Cultural Vitality and Fiscal Sustainability; and
WHEREAS, San Luis Obispo Municipal Code 5.01.102 states It shall be unlawful
for any person to transact and carry on any business in the city not otherwise exempt
without first having procured a business license from the city and complied with all of the
applicable provisions of this chapter. (Ord. 1474 § 1 (part), 2005); and
WHEREAS, San Luis Obispo Municipal Code Chapter 3.01 imposes a tax upon
business carried out in the City in the amount of fifty cents per thousand dollars of gross
receipts, as defined in Section 3.01.104; and
WHEREAS, the Finance Director is tasked with enforcement of Chapters 5.01 and
3.01 of the Municipal Code; and
WHEREAS, the City’s Box Art program is intended to increase cultural vitality,
celebrate diversity, and honor the local artist community, both new and established,
welcoming them into the City’s Public Art program; and
WHEREAS, the cost of business license can be seen as prohibitive for community
artists who do not earn a living as professional artists; and
WHEREAS, the City is committed to engaging all community artists in the Box Art
program, in an inclusive manner; and
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Resolution No. 11551 (2025 Series) Page 2
R 11551
WHEREAS, in order to further the purposes of the Box Art program, the City
wishes to exclude the Box Art program from the activities requiring a business license
under San Luis Obispo Municipal Code Chapter 5.01, and to exclude the stipend paid to
Box Art program artists from “gross receipts” under Municipal Code Chapter 3.01.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Authorization to suspend enforcement. The Finance Director is
authorized to suspend enforcement of the requirement that an artist obtain a City
business license as a condition of participation in the Box Art program. The Finance
Director is also authorized to exclude from “gross receipts,” for the purposes of calculating
business tax under San Luis Obispo Municipal Code Chapter 3.01, the stipend paid by
the City to an artist under the Box Art program and pursuant to a validly executed contract
between the City and the artist.
Upon motion of Council Member Francis, seconded by Vice Mayor Shoresman,
and on the following roll call vote:
AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman,
and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of March 2025.
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington, City Clerk
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3/27/2025 | 6:19 PM PDT