Davis Municipal Code/14.01.070

Davis Municipal Code Chapter 14

(a) The Market Manager shall designate an area, known as the "Free Speech Area," within the Market to be set aside and used by any persons and/or organizations desiring to exercise their constitutional rights of speech and assembly. The Free Speech Area shall be proximately located to the Market. If the Free Speech Area is full, the Market Manager shall designate additional proximate areas.

(b) The Free Speech Area shall be subdivided into stall spaces of approximately equal size and proportion. Stall spaces shall be numbered sequentially starting with the space or spaces located closest in proximity to the Market. Stall spaces within the Free Speech Area shall be assigned by lottery drawing drawn one at a time from all applications submitted by interested persons and/or organizations until all applications submitted have been drawn and assigned a space.

(c) The lottery drawing shall be conducted by the Market Manager in the afternoon one day in advance of each Market day. Stall space assignments selected by lottery drawing shall be valid for the market day in which the space is assigned. Persons and/or organizations submitting applications need not be present at the time of the drawing to participate in the lottery. Persons and/or organizations interested in stall spaces within the Free Speech Area shall submit an application to the Market Manager at least twenty-four (24) hours before the lottery drawing.

(d) Lottery drawings shall be open to the public at a date, time and place designated by the Market Manager provided that written notice of the date, time, and place of said drawing shall be posted at the Free Speech Area and the Market Manager's Office forty-eight (48) hours before the lottery drawing.

(e) The written application shall include at least the following information: the name, address and telephone number of persons and/or organizations desiring to execute their rights of speech and assembly.

(f) Unassigned stall spaces within the Free Speech Area shall be assigned each Market day at the opening of the Market on a first-come, first-serve basis to persons and/or organization not participating in the lottery drawing. Assignment of unassigned stall spaces shall be valid for the Market day in which the space is assigned.

(g) Individuals and/or organizations assigned a stall space within the Free Speech Area shall complete setup of any displays and/or materials no earlier than two (2) hours prior to the public opening of each Market day. All displays and/or materials shall be removed no later than two (2) hours following the public close of each Market day. The Market Manager may remove from the Free Speech Area, at the individual's and/or organization's expense, any and all displays and/or materials set up before or left after the time period prescribed by this paragraph.

(h) The Market Manager retains the right to set reasonable time, place and manner restrictions within the Free Speech Area.

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