§ 1-05 Criteria for Granting Artist's Certification.
RCNY § 1-05
(a)Statutory basis. In determining whether to grant an application for artist's certification, the Department shall follow those criteria contained in the definition of an "artist" set forth in Section 276 of Article 7B of the New York State Multiple Dwelling Law, namely that those granted artist's certification be "regularly engaged in the fine arts . . . on a professional basis." Specifically, each applicant granted artist's certification must demonstrate that he or she meets the following criteria: (1) Regularly engaged. The applicant is currently engaged in and demonstrates a serious consistent commitment to his or her art form or art occupation.
(2)Fine arts. The applicant is engaged in an art form or art occupation which (i) can be considered and (ii) is pursued by the applicant as a "fine art". To demonstrate pursuit of such art form or occupation as a fine art, the application should evidence a substantial element of independent aesthetic judgment by the applicant in pursuing such art form or occupation, i.e., the production of work solely on a commercial, industrial, functional, or work-for-hire basis without evidence of the foregoing elements is not sufficient to demonstrate pursuit of a particular art form or occupation as a fine art.
(3)Professional basis. The application should warrant a finding that the applicant is committed to the art form or occupation as his or her primary vocation and that others in the field recognize the applicant as a professional with regard to his or her art form or occupation. The word "professional" in this context does not necessarily refer to the amount of income earned by the applicant from his or her art form or occupation.
(b)Intent to use joint living-work quarters. Consistent with the designation of zoning districts M1-5A and M1-5B as manufacturing districts pursuant to the New York City Zoning Resolution, to obtain artist's certification, an applicant must demonstrate an intent to use joint living-work quarters for the purpose of carrying out his or her art form or occupation. (Amended City Record 12/1/2017, eff. 12/31/2017)
