Published in the Official Gazette of the Union, the regulation aims to ensure that street entertainment reinforces "the good image of the city, contributing to the sustainability of the area for different audiences".
After its vote was postponed three times, and went through three public consultations, the regulation was approved, by a majority, by the City Council on November 1st and came into force on December 12th.
To perform in public spaces, the entertainer needs a license, which can be requested using a form available on the municipality's website or at the Municipal Secretariat.
The occupation license can only be granted to each entertainer for a maximum period of 15 consecutive days, and cannot be extended.
Between the end of the license and the beginning of the next license for the same “there must be a grace period of thirty calendar days”, and the entertainer may request licenses for other streets.
“The animator can request the number of licenses in a single application for up to the following 12 months, counting from the date of the first license request”.
There are two areas where artists can work: one with greater tourist pressure, referring to the city's downtown (zone B), and another with less pressure (zone A), which covers all parishes with the exception of the historic center.
In zone A, entertainers are exempt from paying fees, while in zone B a reduction of 70% of the amount provided for in the municipal fee table is applied, which is currently set at one euro per day.
Animators must maintain a distance of 150 meters from each other.
Presentations may take place between 10:00 and 22:00, and are not permitted in the vicinity of residential buildings between 20:00 and 08:00, near schools, health units, less than five meters from any intersection or walkways, in front of entrances or steps to train, subway and other stations.
Avenida dos Aliados, Praça do General Humberto Delgado, Praça D. João I, Largo Amor de Perdição, on the sidewalk in front of Jardim do Palácio de Cristal and less than 10 meters from bus stops, activities are prohibited.
The regulation allows actions using sound amplification, as long as the total power of the system does not exceed 50 watts, nor does it project more than 75 decibels at 10 meters.
Entertainers must request the use of sound amplifiers when applying for a license to occupy public space, "at least 20 working days in advance".
"It will be up to the municipal services to contact the street entertainer to schedule a date for verification and validation of the sound equipment requirements within a period of no more than 20 working days", reads the document, adding that a seal will be placed on the sound equipment validated by the services.
If the services verify "the absence or violation" of the seal, the municipality will, in the first instance, warn the entertainer, moving forward, in the case of a second occurrence, with an administrative offense process, with a violation of this article being punished with a fine of "200 to 2,000 euros in case of negligence and 400 to 4,000 euros in case of intent". The license may also be suspended for 10 to 30 days.
As suggested by the Union of Workers in Entertainment, Audiovisual and Musicians (CENA-STE), the regulation integrates a commission, composed of the Tourism Councilor, parties from the Municipal Assembly, Ágora, CENA-STE, Porto Traders Association, Assemblies of Parishes, Municipal Police and Association of Tenants and Condominium Owners of Northern Portugal.