Reno Administrative Code § 5.14.010 Definitions.
Sec. 5.14.010. - Definitions.
Display stand means any objects used to create, display or sell merchandise or to facilitate expression protected by the First Amendment. By way of example and not limitation, the term includes tables and chairs to facilitate sales of commercial or expressive merchandise, petitioning or leafleting; artist's easels; booths; and props used to facilitate a performance or entertainment.
City means the City of Reno.
City council or council means the present governing body of the city or any future council constituting the legislative body of the city.
Commercial means activity or speech, including but not limited to the advertising or selling of merchandise, conducted for the primary purpose of proposing or completing a transaction for generation of profit and which is thereby subject to a lower standard of protection under the First Amendment than pure speech or expression.
Creative unit means two or more persons jointly engaged in the creation or production of items of artistic sell expression, no one of whom stands in an employer-employee relationship to any of the other members thereof. At least one member of the creative unit must be present to be protected by the First Amendment when creating, displaying, offering or selling items of artistic self expression on sidewalks, parks or other public forums.
Expressive merchandise means: (i) items of artistic self expression; (ii) items inextricably intertwined with a particularized message; and, (iii) any other items which have been held by the courts to be expressive and protected by the First Amendment of the United States Constitution.
Items inextricably intertwined with a particularized message means an item which is offered, displayed or sold that is inseparable from and intrinsically intertwined with the overall expression of a political, religious, philosophical or ideological message, doctrine, concept, belief or idea. Examples include but are not limited to: bumper stickers; hats or buttons with messages such as "Earth Now", "Peace Not War" or "Support Unions"; bibles; religious brochures; election pamphlets; a toy stuffed whale with a "Greenpeace" logo or tag affixed so that it is intended to convey a philosophical message of "Save the Whales"; and an unlabeled toy doll of an emaciated child, with no apparent connection to any organization, distributed to donors by "Save the Children" at a booth with their name and educational handouts.
Items of artistic self expression means the creation, display, offer or sale by the item's creator or creative unit of one or more items which are inherently expressive of its creator's perspective and therefore fully protected by the First Amendment. These items include but are not necessarily limited to: paintings, drawings, sculpture, tattooing, photography, prints of self expression, engravings, stained glass as non-functional "art for art's sake", recordings of the artist's composition or performance of performing arts including music, dance, theater, and films.
Artistic self expression does not include items which are intended to serve any functional or utilitarian use or purpose, even if the item is decorative. Examples of such items include handcrafts, jewelry, tools, clothing, food, pottery, silver work, metal work, woodwork, leather goods, house wares, appliances, clothing, sunglasses, auto parts, oils, incense, perfume, lotions, candles, toys, stuffed animals and trinkets.
Artistic self expression may include items that appear on first impression to be functional or utilitarian, but have been modified to demonstrate the expressive "art for art's sake" intent of its creator, and are not intended to serve any utilitarian, functional or commercial uses or purposes. Examples include but are not limited to:
(1) A stained glass window presented as art for art's sake, and not intended or understood to be used as a functional window.
(2) Pottery as tableware is utilitarian even if it is decorative. However, pottery may become expressive where it has been modified and presented as art for art's sake, i.e., modified and presented to be expressive of its creator's perspective and intended for display rather than for use as tableware.
(3) While a macramé pot hanger has a functional purpose and would not be protected artistic self expression, a macramé soft sculpture with no other purpose than to hang on the wall as "art for art's sake" would be protected.
Merchandise means personal property, commodities or goods.
Sidewalk means areas lawfully open to public use or passage including walkways, paths, sidewalks and other public ways set apart by curbs, barriers, markings or other delineation for pedestrian travel, excluding streets and other public ways improved, used or designed for use by vehicular traffic.
Special event means any event, activity or assembly duly authorized by the city pursuant to RMC, § 5.13.010 et seq.
Special event permit means a permit issued under RMC, § 5.13.010 et seq.
Special event venue means that area for which a special event permit has been issued.
(Ord. No. 5689, § 2, 4-27-05; Ord. No. 6147, § 1, 4-14-10; Ord. No. 6327, § 1, 4-16-14)