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# A change in performance
- URL: https://www.smdp.com/a-change-in-performance/
- Published: 2007-10-10T15:00:00.000Z
- Updated: 2026-10-24T03:18:32.000Z
- Author: Kevin Herrera
- Tags: Events, Promenade, #archive-import

*Changing the rules for performers*

THIRD STREET PROMENADE Concerned about the well-being of children who sing, dance or play instruments on the Third Street Promenade, those in charge of managing and marketing downtown are considering an age requirement for street performers.

Kathleen Rawson, executive director of the Bayside District Corp., brought up the idea Tuesday during a meeting of the management company’s Land and Asset Committee as part of a discussion about the street performer’s ordinance, which she said is in need of some adjustments.

In addition to the age requirement, Rawson also asked members of the committee to consider moving performers father away from the entrances of businesses and outdoor dining areas, making it easier for people to move in and out of the stores while creating a more pleasant environment to enjoy a meal.

“When school lets out … you can see kids \[performing\] until 8, 9, 10 and sometimes 11 at night,” Rawson said. “We are considering not allowing children under the age of 16 to perform on the promenade, but before we go down that road I wanted to get kind of your ‘knee-jerk reaction’ to it.”

What she heard was nothing but support from local business owners who make up the majority of the committee.

They said the street performing ordinance should be looked at and every effort should be taken to strike a fair balance that respects the contributions from the performers and businesses located in the popular shopping district.

“It is really important that we keep the street performers there,” said Johannes Van Tilburg, an architect and Bayside board member who works in the downtown area. “They are crucial to the ambiance of the promenade.”

Patricia Hoffman, also a board member and a former member of the Santa Monica-Malibu Unified School District, said that children need to be protected from exploitation, but said she was open to making the age requirement 14 instead of 16 since state law does allow children to work a maximum of three hours per day, 18 hours a week during the school year and 8 hours a day, 40 hours a week during the summer, according to the state labor code.

“This is something I would have liked to have seen from the beginning,” Hoffman said of the possible age restriction. “I really feel the exploitation of children is something that we need to look at. For families to allow their children to support them through street performances, that puts parents in a situation where they are not looking out for their child’s best interests.

“I think protecting children is something that is more important than protecting a Capuchin monkey,” Hoffman said, referring to attempts by animal advocates to ban the use of animals in performances on the promenade.

> “I would like to see a map to see what the effect will be so that we can be reassured that there will still be plenty of room for the free exercise of talent, or the lack thereof,” — Hoffman said. I REALLY FEEL THE EXPLOITATION OF CHILDREN IS SOMETHING THAT WE NEED TO LOOK AT.” Patricia Hoffman, Bayside District Corp. board member

As far as the space restrictions, Hoffman expressed concerns about taking away public space for private companies. She said she would like to see a detailed map of the promenade showing where performers and vendors are allowed to set up and see how added space restrictions would impact them.

Street performers were not pleased to learn of the possible changes to the ordinance, which they believe is already strict enough, forcing them to set up only in certain spots and to move every two hours.

There are also fines issued for being too loud, something which City Hall should consider enforcing more regularly instead of pushing performers into a small area that will undoubtedly cause conflicts.

Performers also said they were against instituting an age requirement, pointing to several youngsters who have come to the promenade and performed the right way.

“We have to find the right balance,” said Ned Landin, a musician who has been performing at the promenade for the last 11 years and had a hand in developing the current law. “You need to have enough access to actually have an artistic community. If you severely limit the amount of space available, what you will do is push out the best performers, who won’t want to put up with the hassle, and what you will be left with is all the crappy ones.”

Landin said he is concerned that major retail chains are trying to take over the promenade, which is still a public street. He believes high-end retailers are used to being inside a mall environment where nothing blocks their storefront window displays. That’s not the case on a public street.

Rawson said Bayside is not concerned about businesses complaining about window displays being blocked. It is all about mobility and making sure people are able to walk into a store or restaurant without being blocked by a large crowd.

In the end, it all comes down to enforcement, Landin said. If the Santa Monica Police Department and Bayside would work more closely together in enforcing the current law, which was developed after much collaboration, then the repeat offenders would be easy to spot and run out of town.

As for the age limit, Landiin believes Bayside could take a more active role in talking with the performers to find out what their situation is. If they feel the kids are working too much or are too young to be doing the performances they are doing, they could call child advocates and welfare agencies to come out and investigate.

“This really should be done on a case by case basis,” Landin said.

Before any changes are made, Rawson said she will work with street performers to come up with the best possible solution. The City Council would then be responsible for holding a public hearing and then approve any changes.

There is no set schedule for when the changes, if any, would go before the council.

*Originally published in the Santa Monica Daily Press print edition on October 10, 2007.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/101007.pdf?ref=smdp.com)