Pedestrian Mall Ordinance

CHAPTER 11.68 - PEDESTRIAN MALL

11.68.010 - Findings.

(A) In connection with the adoption of LVMC Chapter 11.68 in 1995, the City Council made the following findings: That there has been a progressive decline in the economic growth and vitality of businesses located in the central business district of the City which is attributable to the decrease in tourists and other visitors to the central business district, that a special effort is needed on the part of the City to create new jobs, maintain existing employment opportunities, attract new businesses, tourists and visitors to the central business district and thereby restore the economic growth and vitality thereof and that the closure of certain streets or parts thereof to vehicular traffic and the creation of a Pedestrian Mall for the movement, safety, convenience, enjoyment, entertainment, recreation and relaxation of pedestrians is in the best interest of the City and beneficial to the owners of adjacent property and the businesses located in the central business district.

(B) The Council incorporates and makes the same findings in connection with the readoption of this Chapter in 2006 and subsequent amendments thereto.

(C) In 1995, the City Council further found, and continues to find, that it is in the best interest of the public to select and contract with a private operating entity for the acquisition, construction, improvement, operation, management or maintenance of the Pedestrian Mall.

(D) Since the creation of the Pedestrian Mall, the City has enacted various ordinances attempting to maintain the Pedestrian Mall's principal purpose, which is to serve as an economic and entertainment venue that will enhance the historical central business district. Prior to the Mall's creation, the former Fremont Street area had become known as unseemly and crime ridden, with tourists and businesses leaving the area for a safer and more hospitable environment. The Pedestrian Mall was created to reverse that declining environment, and provide a safe and enjoyable entertainment experience to attract tourism and thereby support surrounding economic growth.

(E) Over the years, the City has amended its ordinances endeavoring to facilitate and enhance the Mall's purpose. Most recently, in 2011, the City and the American Civil Liberties Union of Nevada settled a long-standing lawsuit concerning expressive activities within the Mall. Specifically, the City, Fremont Street Experience, LLC and the ACLU endeavored to jointly reach a compromise as to various ordinance amendments to address what types of restrictions upon expressive activity would be appropriate. Although those amendments were created by a cooperative effort and ultimately adopted, it was understood and expressly discussed before the City Council that those amendments and restrictions may not be adequate to address public safety and preservation of the Mall's purpose, considering its unique environment. The City would test the effectiveness of those ordinance amendments to determine whether additional or lesser restrictions were warranted.

(F) Since those 2011 amendments, the Mall's environment and function has deteriorated. The 2011 amendments principally imposed various distance restrictions from specific uses where expressive activity could occur. However, considering the Pedestrian Mall's congested nature, it appears that the distance restrictions have created uncertainty among the general public and thus have led to confusion as well as in-fighting as to where expressive activity may or may not occur. Indeed, the environment of the Pedestrian Mall has become such that certain persons or groups have attempted to monopolize certain locations, have been the recipients of threats and other forms of intimidation in an attempt to control certain areas where expressive activity is presently allowed. Unfortunately, the 2011 amendments have facilitated an inhospitable environment that is incompatible with the Mall's entertainment and commercial purposes, and has further resulted in a deterioration of public safety and well-being.

(G) Considering the confusion as to where expressive activity is appropriate, particularly activity engaged in by street performers, and to combat infighting and competition for the most desirable locations, to enhance access for all desired users of the Mall, including those seeking to engage in expressive activity, the City determines that it is necessary and appropriate to create designated areas for the activities of street performers during peak hours of the Mall's usage and to further ensure that no one is permitted to monopolize or use those locations to the exclusion of others.

(H) Accordingly, the City Council hereby adopts the amendments contained in the 2015 ordinance codified in part in this Subsection (Ordinance No. 6462) to impose reasonable time, place and manner restrictions within the Pedestrian Mall.

(Ord. No. 6462, § 1, 9-16-15; Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.020 - Definitions.

As used in this Chapter:

"Celestial vault lightshow" is the display of computer-generated electronic images on the ceiling of the celestial vault constructed above Fremont Street and the various light and sound effects accompanying such images.

"Commercial photography, filming or videotaping" means photography, filming or videotaping for commercial purposes and does not include photography, filming or videotaping engaged in for personal use or for news reporting purposes.

"Designated location" means an area that has been set aside or designated in accordance with Section 11.68.108 for use by street performers during the specified time frame.

"Display vehicles" are those vehicles brought into the Pedestrian Mall for purposes of display to the public, and not for the primary purpose of transporting persons or property.

"Emergency vehicles" are those motorized devices in, upon or by which any person or property is or may be transported or drawn upon a street or sidewalk, including, without limitation, automobiles, motorcycles and mopeds.

"Expressive activity" means any demonstration, speech, proselytizing, leafleting, distribution of message-bearing merchandise or other activity that is deemed to be expressive and thereby entitled to protection under the United States Constitution or the Nevada Constitution. A performance by a street performer that might be characterized as consisting of or containing expressive activity shall be subject to and governed by the provisions of this Chapter that pertain to street performers, notwithstanding any overlap regarding expressive activity.

"Exterior building improvements" means the building facades, marquees, overhangs, recessed entries, adjoining mall area paving materials, signage and graphics, adjoining landscaping, building illumination and audible effects or devices.

"Leafleting" means the act of distributing to any passersby in a continuous or repetitive manner any printed, written or graphic materials, whether commercial or noncommercial in content.

"Maintenance vehicles" are those vehicles owned or operated by the City of Las Vegas, as well as vehicles owned and operated by utilities and other vehicles requiring access onto the Pedestrian Mall for the purpose of the repair and maintenance of the Pedestrian Mall or facilities and structures contained therein.

"Mall vending" is the distribution, display or sale, or any combination thereof, of consumer goods or services (including food, drink or merchandise) from a pushcart, concession stand, kiosk or other similar structure designed for such purpose.

"Management agreement" means that agreement executed between The Fremont Street Experience Limited Liability Company and the City of Las Vegas for the purpose of acquisition, construction, operation, management or maintenance of the Pedestrian Mall.

"Message-bearing merchandise" means products bearing a message that is:

(1) A permanent part of the product to which it is affixed and is readable or recognizable from a reasonable distance;

(2) Inextricably intertwined with the purpose and activities of the distributor of the product or the person or entity whom the distributor represents; and

(3) A conspicuous political, religious, philosophical or ideological message having intellectual content that is informative of the purpose of the distributor or the person or entity whom the distributor represents.

"Motorized vehicles" are those motorized devices in, upon or by which any person or property is or may be transported or drawn upon a street or sidewalk, including, without limitation, automobiles, motorcycles and mopeds.

"Parade" is a group of persons with or without animals or vehicles in a public procession or march and does not include a procession or march in connection with a special event or mall entertainment.

"Pedestrian Mall Act" refers to NRS 268.810 through 268.823.

"Solicitation" has the meaning ascribed to it by LVMC 10.44.010(A).

"Solicitation by coercion" has the meaning ascribed to it by LVMC 10.44.010.

"Special events" include festivals, sporting events, exhibitions, entertainment and similar activities which are not offered on a continuous basis, whether or not members of the public pay an admission or entrance fee to be spectators or participants.

"Special permit vehicles" are those vehicles authorized by The Fremont Street Limited Experience Liability Company in accordance with Section 11.68.080 to enter upon the Pedestrian Mall.

"Specified time frame" means the period between three p.m. on any particular day and one a.m. the following morning.

"Sponsored concert" means a concert or performance that is provided by or on behalf of The Fremont Street Limited Liability Company and takes place on one of the permanent stage structures within the Pedestrian Mall.

"Street performer" means a person who, upon any surface designated as part of the Pedestrian Mall, engages in any form of performing art, including but not limited to posing, acting, dancing or miming, whether in costume or not; the playing of any musical instrument, singing or vocalizing, with or without accompaniment, where the performing art is not provided by or on behalf of The Fremont Street Limited Liability Company. The term "street performer" includes persons commonly referred to as "buskers" or those who engage in "busking" activities.

(Ord. No. 6462, § 2, 9-16-15; Ord. No. 6131, § 2, 2-2-11; Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.030 - Established—Motorized vehicles prohibited.

There is established in the downtown area of the City of Las Vegas a Pedestrian Mall, the boundaries of which are described in Section 11.68.040. The surface of all areas designated therein as a part of the Pedestrian Mall shall be, after the completion of the construction thereon as evidenced by the issuance of a certificate of completion therefor by the City, limited to the use of pedestrians. Except for wheelchairs used to transport the physically disabled, emergency vehicles, maintenance vehicles, special access vehicles, display vehicles, or vehicles granted access to the Pedestrian Mall by the private operating entity, no motorized vehicle shall be permitted in the area designated under Section 11.68.040 as the Pedestrian Mall.

(Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.040 - Legal description.

(A) The following area constituting and comprising the Pedestrian Mall is legally described in Exhibit A attached to Ordinance No. 5876, which is codified in this Chapter and adopted herein as a part of this Chapter.

(B) The area legally described in Subsection (A) of this Section is indicated on the map attached as Exhibit B to Ordinance No. 5876, which is codified in this Chapter and adopted herein as a part of this Chapter.

(Ord. 5896 § 2 (part), 2007; Ord. 5876 § 2, 2007: Ord. 5866 § 1 (part), 2006)

11.68.050 - Crossing vehicular traffic.

Notwithstanding the prohibition contained in Section 11.68.030, vehicular traffic traveling along Casino Center Boulevard and Fourth Street shall be permitted to cross the Pedestrian Mall as those streets intersect with Fremont Street except during the celestial vault lightshow, in which case such street may be closed to through traffic and as otherwise approved in accordance with Section 11.68.120.

(Ord. No. 6131, § 3, 2-2-11; Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.060 - The Fremont Street Experience Limited Liability Company—Private operating entity.

In accordance with the provisions of the Pedestrian Mall Act, the City Council designates The Fremont Street Experience Limited Liability Company as the private operating entity for purposes of acquiring, constructing, improving, operating, managing and maintaining the Pedestrian Mall.

Subject to the other provisions of this Chapter and the management agreement, The Fremont Street Experience Limited Liability Company may determine the uses of the Pedestrian Mall for any purpose that will enhance the movement, safety, convenience, enjoyment, entertainment, recreation or relaxation of pedestrians, and other purposes necessary or appropriate to carry out the provisions of the Pedestrian Mall Act, including, without limitation, seating, merchandising, exhibiting, advertising and any other use, activity or special event which in the judgment of The Fremont Street Experience Limited Liability Company will accomplish any of those purposes. The authority delegated herein to The Fremont Street Experience Limited Liability Company to determine the uses of the Pedestrian Mall shall not be construed so as to permit any use which is not permitted in a C-2 Zone.

(Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.070 - The Fremont Street Experience Limited Liability Company—Authorized to control and regulate.

Notwithstanding any other provisions of the Las Vegas Municipal Code, and in accordance with the provisions of the Pedestrian Mall Act, the City Council delegates to The Fremont Street Experience Limited Liability Company authority to control and regulate within the Pedestrian Mall the following:

(A) The distribution and location of movable furniture, sculpture, devices to control pedestrian traffic, landscaping and other facilities that are incidental to the Pedestrian Mall;

(B) The uses to be permitted or restricted on the Pedestrian Mall by occupants of abutting property, utilities (provided such is not in conflict with the rights granted under any franchise agreement), concessionaires, vendors, newspaper vending machines and others to serve the convenience and enjoyment of pedestrians, and the location of such uses;

(C) The raising of revenue through the imposition of a fee for the use of all or a portion of the Pedestrian Mall for special events, commerce or activities to offset the cost of operating and maintaining the Pedestrian Mall;

(D) The use of the Pedestrian Mall for advertising purposes and the charging of a fee in connection therewith;

(E) The operation of any lighting, heating or other facilities in the Pedestrian Mall;

(F) The replacement of any landscaping and maintenance of the furniture and facilities in the Pedestrian Mall;

(G) The access to the Pedestrian Mall by the public and closure of the Pedestrian Mall to the public for purposes of special events or activities for limited periods of time;

(H) Other activities, actions or conduct to promote the best interests of the public and carry out the provision of the Pedestrian Mall Act.

The authority delegated herein shall be subject to the City's police power, the provisions of the management agreement and the other provisions of this Chapter and shall not be construed in derogation of the constitutional or statutory rights of any person.

(Ord. No. 6462, § 3, 9-16-15; Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.080 - Special permit vehicles.

Upon proper application therefor, The Fremont Street Experience Limited Liability Company shall issue permits authorizing the special permit vehicles to enter upon the Pedestrian Mall. These permits shall be issued to the owners and occupants of property adjoining the Pedestrian Mall, or their designees, whose property as a result of the adoption of the ordinance codified in this Chapter does not have sufficient access thereto and therefrom for the delivery or pickup of merchandise and materials, or for the improvement, maintenance or repair of such property. The permit will identify the hours of each day that the special access vehicles will be granted access in accordance with the plan submitted under Section 11.68.120, and may be made effective for such period of time, not to exceed one year, as may be requested by the applicant.

(Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.090 - Access to pedestrians.

(A) The Fremont Street Experience Limited Liability Company shall allow access to pedestrians at all times along the entire length of Fremont Street in the Pedestrian Mall and along the entire length of the other streets therein except as otherwise provided under the authority of City ordinance or State law. This provision does not require that access along the entire length of the Pedestrian Mall always be at the same location but does require that access along the entire length of the Pedestrian Mall be allowed to pedestrians. For purposes of this Section, "pedestrian access" includes reasonable access for disabled persons in wheelchairs and similar devices. As a prerequisite to closure of the Pedestrian Mall, The Fremont Street Experience Limited Liability Company must obtain the review and approval of the City's emergency service (police and fire) providers.

(B) Notwithstanding any other provision contained in Section 11.68.070 and Subsection (A) of this Section, The Fremont Street Experience Limited Liability Company shall preserve and retain access for pedestrians to the businesses adjoining the Pedestrian Mall unless consent to the denial thereof has been obtained from the affected businesses.

(Ord. No. 6462, § 4, 9-16-15; Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.100 - Prohibited—Special conditions.

(A) The following are prohibited within the Pedestrian Mall:

(1) Parades;

(2) Sleeping or camping;

(3) Littering;

(4) Sexually oriented businesses as described in Section 19.12.070; and

(5) Feeding birds.

(B) The following are prohibited within the Pedestrian Mall, except under the conditions stated:

(1) Animals, unless used in connection with a mall activity authorized by The Fremont Street Experience Limited Liability Company or used for the purpose of assisting the visually or aurally impaired;

(2) Mall vending, special events or other commercial activities, unless such activities are conducted by or on behalf of The Fremont Street Experience Limited Liability Company;

(3) The use of unicycles, bicycles and other types of cycles, skateboards, roller skates, in-line skates, hula hoops larger than four feet in diameter, and shopping carts, except as authorized by The Fremont Street Experience Limited Liability Company in connection with special events and mall entertainment;

(4) The placement of any cart, wagon, table, rack, chair, box, cloth, stand, booth, container, structure or other object within the Pedestrian Mall, except:

(a) As conducted by or on behalf of The Fremont Street Experience Limited Liability Company; or

(b) As specifically allowed under Sections 11.68.105 and 11.68.107;

(5) Amplified sound which originates from within the Pedestrian Mall or from properties or businesses abutting the boundaries of the Pedestrian Mall, except where conducted by or on behalf of The Fremont Street Experience Limited Liability Company or as permitted under Section 11.68.107;

(6) The launching or throwing of projectiles or other objects into or through the air, except in connection with events that are conducted by or on behalf of The Fremont Street Experience Limited Liability Company;

(7) Entertainment and related services for which a fee is charged, either before or after the entertainment and related services are performed, except in connection with events that are conducted by or on behalf of The Fremont Street Experience Limited Liability Company;

(8) The distribution of food, beverage or tobacco items, except in connection with events that are conducted by or on behalf of The Fremont Street Experience Limited Liability Company;

(9) Commercial photography, filming or videotaping, except in connection with events that are conducted by or on behalf of The Fremont Street Experience Limited Liability Company;

(10) Lying or sitting on the ground, except:

(a) In cases of emergency;

(b) As approved in connection with events that are conducted by or on behalf of The Fremont Street Experience Limited Liability Company; or

(11) Open flames, except in connection with events that are conducted by or on behalf of The Fremont Street Experience Limited Liability Company; or

(12) Any generator of any sort or any lead acid battery, except in connection with events that are conducted by or on behalf of The Fremont Street Experience Limited Liability Company. The prohibitions contained in this Paragraph (12) do not apply to any battery or power source that is contained within and integral to a commercially manufactured appliance or speaker system unless the battery or power source has been found to be in violation of applicable Fire Code regulations.

(Ord. No. 6462, § 5, 9-16-15; Ord. No. 6329, § 6, 6-18-14; Ord. No. 6131, § 4, 2-2-11; Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.103 - Solicitation.

(A) Solicitation by coercion is prohibited within the Pedestrian Mall.

(B) Any other solicitation is prohibited at all times within the Pedestrian Mall at the following locations:

(1) Within twenty feet of any building entrance or ATM;

(2) Within ten feet of any retail kiosk or cart, but subject to the provisions of Subsection (C) of this Section;

(3) Within ten feet of the outer perimeter of any outdoor dining area while the area is being used for dining;

(4) Within twenty feet of any fire lane or crosswalk; and

(5) At any location that will obstruct or impede pedestrian traffic.

(C) The distance limitation set forth in Paragraph (2) of Subsection (A) shall not apply if and to the extent that The Fremont Street Limited Liability Company, at any given time, has established or permitted more than fifty retail kiosks or carts within the Pedestrian Mall.

(Ord. No. 6462, § 6, 9-16-15; Ord. No. 6131, § 5, 2-2-11)

11.68.105 - Expressive activity.

(A) Expressive activity is allowed within the Pedestrian Mall without the requirement of a permit or registration, but is subject to the conditions and limitations set forth in this Section as well as other applicable provisions of the Las Vegas Municipal Code.

(B) No blanket, carpet, cover, chair, crate, box, cooler, container, structure or display of any type may be erected or placed upon the Pedestrian Mall or its surface in connection with expressive activity, except that a person or organization engaging in such activity may place and use, in furtherance of that activity, one table, not to exceed three feet by three feet in size, at a location that complies with the provisions of Subsection (C) of this Section.

(1) Within twenty feet of any building entrance or ATM;

(2) Within ten feet of any retail kiosk or cart, but subject to the provisions of Subsection (F) of this Section;

(3) Within ten feet of the outer perimeter of any outdoor dining area while the area is being used for dining;

(4) Within twenty feet of any fire lane or crosswalk;

(5) At any location that will obstruct or impede pedestrian traffic; or

(6) Within forty feet of another table that has been erected or placed for purposes of expressive activity.

(D) Coolers, storage boxes and similar items may not be placed on the ground in connection with expressive activity; provided, however, that this prohibition does not apply to incidental personal items such as purses or coats, or to backpacks whose capacity does not exceed two cubic feet.

(E) In the case of a demonstration, The Fremont Street Limited Liability Company may direct that the demonstration be moved to one or more locations within the Pedestrian Mall so as not to obstruct or impede pedestrian traffic, or interfere with fire lanes, crosswalk traffic, retail kiosks, special events, concerts or other previously scheduled mall activities, but only upon a determination that the demonstration cannot possibly be conducted in a manner that does not so obstruct, impede or interfere. Any such redirection shall be to a location that is closest to, most approximates, and reaches the same audience as, the original location.

(F) The distance limitation set forth in Paragraph (2) of Subsection (C) shall not apply if and to the extent that The Fremont Street Limited Liability Company, at any given time, has established or permitted more than fifty retail kiosks or carts within the Pedestrian Mall.

(G) Nothing in this Section authorizes conduct prohibited by other provisions of this Chapter or other ordinances and laws of general applicability, including without limitation prohibitions relating to the obstruction of rights-of-way.

(H) The provisions of this Section do not apply to the activities of street performers regulated by Section 11.68.107.

(Ord. No. 6462, § 7, 9-16-15; Ord. No. 6131, § 5, 2-2-11)

11.68.107 - Street performers.

(A) Street performers may perform within the Pedestrian Mall only in accordance with the provisions of this Section.

(B) It is unlawful for a street performer to charge a fee for a performance within the Pedestrian Mall. For purposes of this Chapter, the charging of a fee for entertainment or for a performance includes the act of requiring a person to pay for the entertainment or performance, whether in advance or after the fact, but does not include the act of soliciting or requesting tips or donations, the act of making available a receptacle for tips or donations, or the act of receiving tips or donations.

(C) A street performer who does not charge a fee for a performance as described in Subsection (B) may perform within the Pedestrian Mall in accordance with the following conditions and limitations:

(1) Street performers shall not have the right to "reserve" any space or location, except as otherwise provided in Subsection (D) of Section 11.68.108, and may not interfere in any way with performances provided by or on behalf of The Fremont Street Limited Liability Company;

(2) At no time may a street performer perform:

(a) Within twenty feet of any building entrance or ATM;

(b) Within ten feet of any retail kiosk or cart, but subject to the provisions of Paragraph (6) of this Subsection (C);

(d) Within twenty feet of any fire lane or crosswalk;

(e) Within any area of the Pedestrian Mall that is closed to the public (such as on a closed stage provided by The Fremont Street Limited Liability Company);

(f) During any sponsored concert, within one hundred feet of the stage on which the concert is taking place;

(g) Within forty feet of any other street performer then performing; or

(h) At any location that will obstruct or impede pedestrian traffic.

(3) Within the specified time frame, street performers may perform only in a designated location;

(4) Street performers may not place objects on the ground unless the objects are within a two foot radius of the performer; do not obstruct or impede pedestrian traffic or cause a potential risk to passersby; and are integral to the performance (e.g., a hat or container to accept donations).

(5) Street performers may emit sound in connection with their performance, but subject to the following conditions:

(a) The sound must be an integral part of the performance;

(b) The sound may not exceed the maximum noise levels set forth in the following table:

Maximum Noise Levels (in A-weighted decibels), measured by a sound level meter qualifying as Class 1 under IEC 61672-1	85 dBA/107 dBA*
* When measured at a minimum distance of 25 feet from the source of the noise
** When measured at a minimum distance of 1 foot from the source of the noise

(c) The sound is not permitted during any actual performance or operation of the celestial vault lightshow, or during any special event when the Pedestrian Mall is closed to the general public except upon payment of an admission charge; and

(d) The sound is not permitted during any concert that is provided by or on behalf of The Fremont Street Limited Liability Company unless each source of the amplified sound is at least one hundred feet from the stage on which the concert takes place.

(6) The distance limitation set forth in Subparagraph (b) of Paragraph (2) of this Subsection (C) shall not apply if and to the extent that The Fremont Street Limited Liability Company, at any given time, has established or permitted more than fifty retail kiosks or carts within the Pedestrian Mall.

(D) Nothing in this Section authorizes conduct prohibited by other provisions of this Chapter or other ordinances and laws of general applicability, including without limitation prohibitions relating to solicitation by coercion and the obstruction of rights-of-way.

(Ord. No. 6462, § 8, 9-16-15; Ord. No. 6131, § 5, 2-2-11)

11.68.108 - Street performers—Designated locations.

(A) The City Council hereby designates certain locations (the "designated locations") within the Pedestrian Mall that are expressly set aside for use by street performers during the specified time frame. Such locations shall consist of:

(1) That area of the Pedestrian Mall formerly consisting of Third Street, as depicted on the map referred to in LVMC 11.68.040(B); and

(2) Other areas, each of which is no greater than six feet in diameter and is denoted on the surface of the Pedestrian Mall.

(B) A map depicting the approximate locations of the designated locations described in Paragraph (2) of Subsection (A) of this Section shall be on file with the City Clerk, is hereby incorporated by this reference, and shall be made available for inspection during normal business hours. In the exercise of its authority under this Chapter, or in order to facilitate the flow of pedestrian traffic, or to serve the convenience of the Pedestrian Mall's patrons (or any combination thereof), The Fremont Street Limited Liability Company may adjust the exact location of any designated location described in this Subsection (B) up to twenty-five feet in any direction from the location appearing on the map referred to in this Subsection (B). Notwithstanding the previous sentence, The Fremont Street Limited Liability Company shall:

(1) Provide no fewer than thirty-eight designated locations of the type described in Paragraph (2) of Subsection (A) are available at any given time; and

(2) Otherwise ensure that no fewer than twenty-five such locations are available at any given time.

(C) Except as allotted under the lottery system described in Subsection (D), the use of any designated location for performances by street performers within the specified time frame shall be on a first-come-first-serve basis and may not be reserved in any fashion. Any designated location shall be deemed unoccupied and available unless it is physically occupied by a person or allotted in accordance with Subsection (D).

(D) No street performer may use a particular designated location for a performance within the specified time frame for more than two hours at a time. At the top of each odd-numbered hour within the specified time frame, any street performer who has been using a particular designated location for a performance for more than one hour must move to a different designated location in order to continue that activity or performance, regardless of the amount of time he or she spent in a designated location just before the top of that hour. The City or The Fremont Street Limited Liability Company shall establish a lottery system by which performers are allotted designated locations within the specified time frame and in accordance with which enforcement of this Section may take place. Upon implementation of the lottery system, no street performer may perform within a designated location within the specified time frame unless:

(1) He or she has been allotted that location for that time; or

(2) No one has been allotted that location for that time.

(E) In connection with a person's first use of a designated location as a street performer within the specified time frame, that person must register with the City's Business Licensing Division (or its designee) no later than seventy-two hours after that first use. The registration shall expire after one hundred eighty days. Upon expiration of a person's registration, the registrant, in connection with another use of a designated location within the specified time frame, must register again no later than seventy-two hours after that use. The registration requirements of this Subsection (E) that are triggered by the use of a designated location are not triggered separately with reference to each designated location, but rather merely with reference to any designated location. Therefore, the same person will need to register only one time within a one hundred eighty day period, no matter how many different designated locations that person uses for a performance. Registration may be anonymous and requires a description of intended use, which shall include a complete listing of characters to be performed. The Business Licensing Division (or its designee) may deny registration only in the case of failure to provide the description of intended use. A performer is not entitled to more than one registration regardless of the number of characters or acts performed.

(F) Any person who uses a designated location as a street performer within the specified time frame must display the registration form provided by the Business Licensing Division (or its designee) at the perimeter of the designated location being used by the performer or otherwise in a conspicuous manner within or bounding the designated location.

(Ord. No. 6462, § 9, 9-16-15)

11.68.110 - License fee—Exemption from code requirements.

Notwithstanding the requirements set forth in other provisions of the Las Vegas Municipal Code, The Fremont Street Experience Limited Liability Company shall be licensed with a miscellaneous service license and pay a license fee according to its gross sales as provided in Section 6.04.005 of the Las Vegas Municipal Code. So long as such fee is paid, The Fremont Street Experience Limited Liability Company is exempt from the following provisions:

(A) The permit fees, licensing requirements and prohibitions contained in Chapters 6.19, 6.26, 6.30, 6.42, 6.54, 6.62, 6.76, 6.78, 6.81, 6.84;

(B) LVMC 6.50.190 and 6.50.200, with respect to events to which those sections pertain;

(D) The special sign standards set forth in LVMC 19.10.100(C); and

(E) The on-site parking and loading requirements of Title 19 that would otherwise apply.

The exemptions granted in this section apply to The Fremont Street Experience Limited Liability Company and its employees in connection with the acquisition construction, improvement, operation, management and maintenance of the Pedestrian Mall.

(Ord. No. 6462, § 10, 9-16-15; Ord. No. 6327, § 9, 6-18-14; Ord. No. 6183, § 16, 3-7-12; Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.115 - Compensation received.

Persons who receive compensation from The Fremont Street Limited Liability Company to engage in any activity within the Pedestrian Mall that, except for the payment of such compensation, would qualify them as street performers under this Chapter are subject to the following restrictions as if they were street performers as defined by this Chapter:

(A) Section 11.68.107(C)(2), except for Subparagraph (e) thereof;

(B) Section 11.68.107(C)(4); and

(Ord. No. 6462, § 13, 9-16-15)

11.68.120 - Plans.

(A) Prior to completion of construction of the Pedestrian Mall, The Fremont Street Experience Limited Liability Company shall submit to the City Council for review and approval a plan or plans which shall include the following:

(1) The architectural theme and design standards which are proposed to be in effect for new exterior building improvements adjoining and facing the Pedestrian Mall and for the mall floorscape lying therein;

(2) The time and days of operation of the celestial vault lightshow;

(3) The location of any traffic control devices (pedestrian or vehicular) within the Pedestrian Mall;

(4) The manner in which access shall be preserved to businesses during the occurrence of any special events requiring the closure of a portion of the Pedestrian Mall to the public to the extent that such information can be provided as a part of the plan;

(5) The manner in which access will be assured into and onto the Pedestrian Mall by emergency vehicles;

(6) The days and hours on which special permit vehicles will be allowed access into and onto the Pedestrian Mall;

(7) The days and times in which Casino Center Boulevard or Fourth Street, or both, may be closed to vehicular traffic for special events; and

(8) The manner and times in which a portion of the Pedestrian Mall may be closed to pedestrian access for special events and other activities.

(B) For purposes of Subsection (A)(1) of this Section, the architectural theme and design standards in effect for new exterior building improvements adjoining and facing the Pedestrian Mall are contained in that document entitled, "Fremont Street Experience Design Criteria Manual," three copies of which shall be on file with the City Clerk. The requirements for Subsections (A)(2) through (A)(8) of this Section shall be as set forth in that document entitled, "The Fremont Street Experience Traffic and Pedestrian Safety Plan," three copies of which shall be on file with the City Clerk. Subsequent to approval by the City Council, The Fremont Street Experience Limited Liability Company shall be responsible for implementing and complying with these plans, and the construction of new building exterior improvements adjoining or facing the Pedestrian Mall shall comply with the architectural theme and design standards contained in the Fremont Street Experience Design Criteria Manual.

(C) Any amendments proposed to these plans by The Fremont Street Experience Limited Liability Company may be made with the approval of the City Manager; except, however, that any amendment to the Fremont Street Design Criteria Manual shall require approval by the City Council.

(D) Except with respect to site development plan review pursuant to LVMC 19.18.050, any approval given by The Fremont Street Experience Limited Liability Company shall not relieve a property owner who intends to construct new exterior building improvements from obtaining appropriate approvals and permits from the City which would be required regardless of any review and approval by the Fremont Street Experience Limited Liability Company. Review and approval of exterior building improvements by the Fremont Street Experience Limited Liability Company shall relieve the property owner from compliance with the site development plan review pursuant to LVMC 19.18.050; provided, however, that any owner aggrieved by the decision of The Fremont Street Experience Limited Liability Company may seek a determination from the City by means of the site development plan review pursuant to LVMC 19.18.050.

(Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.130 - Violation—Penalty.

Any person violating the provisions of Sections 11.68.030, 11.68.080, and 11.68.100 to 11.68.108, inclusive, shall be guilty of a misdemeanor.

(Ord. No. 6462, § 11, 9-16-15; Ord. No. 6131, § 6, 2-2-11; Ord. 5896 § 2 (part), 2007; Ord. 5866 § 1 (part), 2006)

11.68.140 - Violation—Civil action.

By virtue of its standing and authority under LVMC 11.68.060 and 11.68.070, The Fremont Street Limited Liability Company may commence a civil action to enjoin any violation of the provisions contained in LVMC 11.68.100 to 11.68.108, inclusive. This remedy shall supplement, and exist in addition to, those contained in LVMC 11.68.130.

(Ord. No. 6462, § 12, 9-16-15; Ord. No. 6131, § 7, 2-2-11)