Alhambra Municipal Code Ch. 9.100 Prohibited Solicitation of Business

For the purposes of this chapter, the following meanings shall apply:

SOLICIT OR HIRE. Includes any request, offer, enticement, or other action or gesture which induces another person to reasonably believe that his or her services are being sought or available for hire. As defined herein, a solicitation shall be deemed complete when made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money takes place.

EMPLOYMENT. Includes any offer or exchange or consideration for labor, services, industry, or other personal services, including part-time or temporary services by any person for wages or other compensation or under any contract of hire, written, oral, express or implied.

STREET OR HIGHWAY. All of the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, medians, alleys, sidewalks, curbs, and public ways, and excluding freeways as defined in the California Vehicle Code and any area within 500 feet of a freeway on or off ramp.

COMMERCIAL PARKING AREA. Privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments.

(Ord. 4311A, passed 9-23-96; Am. Ord. 4311B, passed 10-14-96)

(Ord. 4311A, passed 9-23-96; Am. Ord. 4311B, passed 10-14-96; Am. Ord. 4606, passed 9-24-12)

(A) No person shall solicit or attempt to solicit, employment, business, or contributions of money or other property, from a location within a commercial parking area other than an area within or served by such parking area which is authorized by the property owner or the property owner's authorized representative for such solicitations. This section shall not apply to the solicitation to perform employment or business for the owner or lawful tenant of the subject premises.

(B) This section shall only apply to commercial parking areas where the following occurs:

(1) The owner or person in lawful possession of the commercial parking area establishes a written policy which provides area(s) for the lawful solicitation of employment, business, or contributions of money or other property, in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises;

(2) A copy of said policy is submitted to the City Manager to be maintained in city files; and

(3) The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area not less than 18" x 24" in size, with lettering not less than 1" in height, and not to exceed in total area, six square feet. The notice shall be in substantially the following form:

"It is unlawful to solicit employment, business, contributions of money or other property in this parking lot without prior approval by the property owner. A.M.C. § 9.100.030."

(Ord. 4311A, passed 9-23-96; Am. Ord. 4311B, passed 10-14-96)

Violation of any provision of this chapter shall be an infraction, punishable as provided in this code, by:

(A) A fine not exceeding $50 for a first violation;

(B) A fine not exceeding $100 for a second violation of the same section of this chapter within one year;

(C) A fine not exceeding $250 for each additional violation of the same section of this chapter within one year.

(Ord. 4311A, passed 9-23-96; Am. Ord. 4311B, passed 10-14-96)