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Home My WebLink About08/18/1998, 7 - THURSDAY NIGHT ACTIVITIES (TNA) RULES CLARIFICATION council �� Av yacEnaa nEpoin CITY OF SAN LUIS OBISPO FROM: Deborah Holley, Administrator SUBJECT: Thursday Night Activities(TNA)Rules Clarification CAO RECOMMENDATION Approve language clarifying solicitation of funds for merchandise by not for profit groups at Thursday Night Activities (Farmers' Market). DISCUSSION Over the past few years it has been noted that some not for profit groups have begun displaying/offering cause-related materials such as pins,stickers or other items and associated the taking of these items with a fee; perhaps a price list is posted or a verbal price is given. This constitutes a direct sale. Current TNA rules and regulations Section 5B under the heading Fund Raising for/by Not-For-Profit Organizations indicates: Not for profit groups may conduct direct sales no more than four(4) times per year and not more than (2) consecutive weeks. Sponsorship from DA members may not be solicited to circumvent this rule. Section 5C states Participants shall limit sales to items specified on the approved application. Merchandise or related fund-raising items can be at the participants' booth on approved fund-raising dates only and may not be displayed weekly. Not for profit organizations have recently approached the Downtown Association wanting to come out on a weekly basis to offer merchandise for sale. When told of the rule, they pointed out that others are currently offering merchandise for sale and it seemed unfair. In an effort to remind currently participating groups of the rule and to establish with new participants that direct merchandise sales are limited to four times per year, a clarification of these rules was necessary. Refer to attachment for draft language. Downtown Association representatives (Administrator,TNA Committee Chair,TNA Coordinator) met with representatives of not for profit groups who initially felt this clarification would curtail their ability to come out to the market. After receiving input from the Assistant City Attorney, Gil Trujillo, it was apparent that the clarification applies to all groups equally and does not prohibit the groups from(a) handing out merchandise for no charge or(b) accepting donations that are not construed to be a charge for the merchandise. It simply clarifies that the donation cannot be related to the taking of the merchandise which would constitute a direct sale. Thursday Night Activities is a promotion held by the Downtown Association for the benefit of its members. As a community event, not profit groups participate if they meet certain requirements as established and approved in current rules and regulations. After meeting with representatives of some not for profit groups and accepting their input in the final placement of the language, the clarification seemed mutually acceptable. 7-1 In reviewing the TNA rules and regulations booklet, it was established by the TNA committee that a technical rewrite is essential at this point; the rule book being compiled over a period of 15 years with a need for new headings or categories (not rule changes). As this project is currently on hold due to the TNA Coordinator position being vacated,the rewrite will probably not occur for several months. At this time,it is determined that the most appropriate placement of the clarification would be under Fund Raising Foray Not-For-Profit Organizations until such time as it is deemed more appropriate in another category. The language will become Section 5C.Paragraph 2. CONCURRENCES The proposed language was drafted by Gil Trujillo, Assistant City Attorney and reviewed by City Administration for correctness. It was also approved by the Downtown Association Board of Directors on July 14, 1998. FISCAL IMPACT None. ALTERNATIVES None. Attachments Draft language for TNA rules clarification. TNA Rules , Section 5 7r� ATTACHMENT 1 MEMORANDUM From ft Office of the City Attomey July 2, 1998 TO: Deborah Holley FROM: Gilbert A. Truji o SUBJECT: s Propos endment to the TNA Rules and Regulations Please review the following revised language and provide me with your comments. C. . . . Items displaying an organization's political,religious,philosophical or ideological messages may be made available weekly on a giveaway basis. These items may not be displayed for direct sale unless such sales are authorized by subsection B above. Donation receptacles should not be displayed in such a manner to indicate that a donation is expected in exchange for the item. For example, suggested price sheets may not be used. Such displayed items shall be made available for the taking whether or not a donation is made. Cc: JeffJorgensen Wcndy George T3 ATTACHMENT 00 U .. w y •a .Ui., > p N C t7 > > = U 0 U = 0 b C � U U C s C .. L. . U Q r Y p td " A cd C. 4" O 4 'O O y Or [� W3 U G '� „[ 2 O ° G C ed O O p U N y O 0Ei d 0 > p+ U �. •1.• '} U "' i,'•y. - •d > '� tko ate+ 6.• •O L'. .� Cd •U •q V N ^ ^ L4 C •0 7 ¢'U w w a' O N DOU U Q U 'yLV ,� 0 V 0 cd > A [ a. � c h .° � H d ° °D y rA Da rcosWry. .O > L, U o cis.f. O to W. y o c o b w [ [ ° ° ,� o n. 3 w c m o E s :3 /4)tt: 00 21� y `� y >, i•-1 p! go g a>, 0 a a O � 0 '� 3 � > � y = 3 `i a s � 2 U W cd 4-g 40 [d O ��.• N Cr' U '�-• .�' .� :O C N U [ w y w' ,' r, r to Ll A � � � o � cc y fsl � .S � fzi •o .0 a00 C7 c c. d." .2 i.: 2 �o U y y � O .. cd E U O '. y bo ❑ O >O .a b cd C N 0Ca •... [ cd .b O[ zO Pq o U cn -4 U .2 W p N �, .0•o o i .o a CA d 'fl o 3 � u • 0 '.. a O W, vyi y •� H N ' U ,U .p L •O .rC. H W a) •• v o vv�� o o C• 0 0 z E5 3 „ d U ocaa— W s `67" v (d � 16, �/0 •O--� y Y �C ..• A N ad CG 9:6 .f i• cd .V W h p o V VJ h A N om„ ..-. U w y a a.• 'W .a 0 .+ E C �� = 6) D f o =ff > y 8 w -0 i .2 � c. `d o EPC o cc . 0 4u � 000 C vi • g—g C3 � y' ° .yam+ e0 > 7 s u +� PC a o y o o a u o1°n i a N 'o 0 � o e a• c R .. O UrA ° v c ¢ ci p °e E Q' Q 'c E h 'fl o X E aai ea Z ,a i u cCd '� o a°)i 0. fl• •n Q E E W CG a s 3 a vi O Q o 0 3 W CC w° 3 'U U coscz cu r� TEL N0 .5455140 Aug 18 , 98 11 :45 P .01 MEETDATE IN8�t9 8' AGENDA � _ITEM #, National Organization for Women San lads Obispo Chapter YO Box 1306 San Luis Obispo, CA 93406 (805) 442-8242 August 18, 1998 Mayor Alan Settle and ntcmbcrs of the City Council 99012alm St. San Luis Obispo, CA 93401 RE: agenda item, August 18, 1998 Dear Mayor Settic and members of the City Council: This letter supports the request of the Downtown Association's Thursday Night. Activities Committee to have the Council adopt language clarifying the character of the activities of non- profit organizations at Farmer's Market. Representatives of NOW and other non-profit organizations met with city staff in July to discuss the Downtown Association's concerns and togcther proposed the language now presented to you for adoption. We feel this language clarifies that requesting donations at Farmer's Market does not constitute direct sales. We also support the efforts of the Downtown Association to revise the Thursday Night Activities Rules and Regulations in other respects as well, and hope that they will include us in these discussions. Very truly yours, Angie King chapter coordinator, San Luis Obispo NO ^DZ00NCIL h r.. DAM ❑i.. KIOM ❑POLICE C,;� fl REt_°t;: E3 M! ❑REC DIR [}� O UTIL DIR p O PERS DIR G tj 1998 LSL i�f?1• CtDJNCIL