HAHN CLARIFIES HOME BUSINESS ORDINANCE.

Byline: Rick Orlov Daily News Staff Writer

Writers and artists would be exempt from the city's home occupation ordinance as long as their work doesn't have a major impact on their neighborhood, City Attorney James Hahn said Friday.

In a letter to City Council members Laura Chick and Mike Feuer, Hahn said the $25 registration fee is not required for those who are working at home but don't have an excessive number of visitors or deliveries.

``As with other home businesses, the work done in the home by writers and artists which creates none of the impacts . . . will be considered an accessory use and will not need to register,'' Hahn wrote. ``For example, the writer who works on a personal computer, does not employ anyone in the home, but uses occasional mail services, will not be a home occupation and need not register.''

The letter was greeted with cautious optimism by an attorney for the Writers Guild of America, which filed a lawsuit challenging the ordinance.

``It's nice to finally see some clarity on how the law will be applied, and we agree with that portion,'' said attorney Gary Bostwick. ``What we'd like to see is the City Council take the next step and amend the ordinance to include this wording: `If there is a dispute in the future, it's hard to refer to a letter from the city attorney to two council members.' ''

Hahn said he would consider it a major intrusion into a neighborhood if a writer or artist employed someone else, had visits from clients of up to one per hour or had more than two deliveries a day.

What it did not do - as the guild's lawsuit challenges - is eliminate business tax requirements on writers and artists.

``That always has been the law, and there is no change in that provision,'' said Tim Mcosker, chief deputy to Hahn. ``If they make money, they have a requirement to pay their taxes.''

Bostwick, however, said the writers remain concerned about whether such a tax is a form of registration and a violation of the writers' First Amendment rights. He said the Hahn letter would need further review to determine its impact on the lawsuit.

Neither Chick nor Feuer was available, but an aide to Chick said the letter went a long way in clearing up confusion over the measure.``It clarifies what we had believed was the case and is what (Chick) wanted from the start,'' Ken Bernstein said.

Earlier this week, Chick expressed frustration toward Hahn's office.

``It's very, very unfortunate the City Attorney's Office didn't give clear and logical instruction in the two years of intense work spent on drafting a common-sense home occupation ordinance,'' Chick said. ``Now we have a lawsuit against us that could have been avoided.''