Manhattan Beach Municipal Code Ch. 4.01 Solicitation and Handbills

For purposes of this chapter:

"Solicitor" shall also include "hawkers," "salesmen," and "peddlers" and shall mean all persons, both principal or agent, who go from house to house, or to only one house, or upon any street, sidewalk, alley, plaza, or in any park or public place in the City by foot or vehicle, who sell or solicit either by sample or otherwise the sale for value of goods, wares, merchandise, services, magazines, periodicals or other publications, or subscriptions for the same and shall also include any person who requests directly or indirectly the donation of money, credit, property, financial assistance or other things of value for any purpose whatsoever including charitable purposes.

"Handbill" shall mean any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature regardless of content or subject matter.

(§ 3, Ord. 1970, eff. October 16, 1997, as amended by § 2, Ord. 2024, eff. April 6, 2001)

It is hereby prohibited for any person to conduct any type of solicitation in the City without a current, valid City permit to do so. Any one engaged in solicitation within the City must have in their possession said permit at all times. A permit issued under the authority of this chapter is not a substitute for a City business license.

(§ 3, Ord. 1970, eff. October 16, 1997, as amended by § 3, Ord. 2024, eff. April 6, 2001)

Applicants for permits to solicit shall file with the Chief of Police a sworn application in writing on a form to be provided by the City, giving the following information:

A. The full name, permanent home address, and full local address of the person or persons who will be soliciting and the name, address, telephone number and place of business of their employer, if any;

B. A brief description of the nature of the business and goods or services being sold or contribution sought, if the solicitor seeks charitable contributions a statement of the charitable purpose for which solicitations are sought and the intended use of the contributions received towards that purpose;

C. If employed, the name and address of the employer and the name and address of any local or State manager together with credentials establishing the exact relationship;

D. If solicitation is occurring for charitable purposes evidence that the person is organized for charitable purposes. For example, a charitable corporation shall provide evidence of tax exemption under the Internal Revenue Code. Charitable corporations and trustees shall provide evidence of registration with the State Attorney General under Government Code Section 12584 and shall provide any other information furnished to the State Attorney General pursuant to Government Code Section 12586, where applicable. Any commercial fund raiser for charitable purposes shall provide evidence of registration with the State Attorney General;

E. The names of any other cities in which the person applying and any employees to be engaged in solicitation within the City, if any, has solicited within the prior five (5) years;

F. Whether or not the persons soliciting and/or their employer, if any, has been convicted of any crime in the preceding five (5) years and an explanation of the nature and disposition of the conviction.

(§ 3, Ord. 1970, eff. October 16, 1997, as amended by § 4, Ord. 2024, eff. April 6, 2001)

Once a complete solicitation application, as provided for in Section 4.01.030 of this chapter, has been submitted and any fees required hereunder have been paid, the Chief of Police shall grant a permit which may be valid for up to one year to solicit in the City. Denial of a solicitation permit may only be made if one or more of the following circumstances applies:

A. The applicant, any of the persons soliciting or their employer has been convicted of any crime which was connected with past solicitation activity or which involved fraud or fraudulent activities, theft, embezzlement, or misappropriation of money;

B. The applicant has had a solicitation permit suspended in another jurisdiction for reasons other than nonpayment of fees;

C. The applicant has deliberately lied about or misrepresented any information in its solicitation application;

D. The applicant has previously had a solicitation permit granted under this chapter revoked;

E. The applicant or any of his or her employees has violated any provision of this chapter.

(§ 3, Ord. 1970, eff. October 16, 1997, as amended by § 5, Ord. 2024, eff. April 6, 2001)

A solicitation permit may be revoked by the Chief of Police for violation of any provision of this chapter or for commission of any crime against property or person committed by the permit holder or his or her employees. Upon notification of revocation, a permit holder shall be entitled to a hearing before a hearing officer appointed by the City Manager. (§ 6, Ord. 2024, eff. April 6, 2001)

The license authority may, after notice and hearing, revoke or suspend the license issued under this chapter for any violation of the provisions of this chapter or any of the reasons described in subsections A, B or C of Section 4.01.040 of this chapter.

(§ 3, Ord. 1970, eff. October 16, 1997)

A license issued hereunder shall be good for a period of one (1) year from date of issuance. It may be renewed for additional one (1) year periods by submitting an updated application providing the information identified by Section 4.01.040 of this chapter. Criteria for granting or denying renewal shall be the same as for granting or denying a new license.

(§ 3, Ord. 1970, eff. October 16, 1997)

No person permitted under the provisions of any law, or any other person, shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any private premises which are inhabited; provided, however, that in case of inhabited private premises which are not posted as provided in this chapter, the permitted or other person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere, except that mailboxes may not be so used when so prohibited by Federal postal laws or regulations.

(§ 3, Ord. 1970, eff. October 16, 1997, as amended by § 7, Ord. 2024, eff. April 6, 2001)

Any licensee hereunder shall be required, during the term of their license, to maintain accurate and detailed financial books and records according to standard accounting practice. Said records shall be reasonably available for inspection to the license authority.

(§ 3, Ord. 1970, eff. October 16, 1997)

Every person filing an application for a solicitation permit under this chapter shall pay an application fee to compensate the City for the cost of processing the application which may be set from time to time by resolution of the City Council. Said fee shall not be refundable if a permit is not issued.

(§ 3, Ord. 1970, eff. October 16, 1997)

It shall be unlawful for any person, whether permitted under this chapter or not, to, for purposes of solicitation, knock upon the door or ring the door bell of or otherwise attempt to gain admittance to, a residence which has posted a sign in a place providing reasonable notice to passers by bearing the words "no solicitors," "no peddlers" or words of similar import.

(§ 3, Ord. 1970, eff. October 16, 1997, as amended by § 8, Ord. 2024, eff. April 6, 2001)

It shall be unlawful for any person to deposit, place, throw, scatter or cast any handbill in or upon any public place in the City. It shall not be unlawful for any person to hand out or distribute any handbill in any public place to any person willing to accept it.

(§ 3, Ord. 1970, eff. October, 16, 1997)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any vehicle.

(§ 3, Ord. 1970, eff. October 16, 1997)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any premises which are temporarily or continuously uninhabited or vacant.

(§ 3, Ord. 1970, eff. October 16, 1997)

It shall be unlawful for any person to distribute, deposit, throw, place, scatter or cast any handbill in or upon any premises which are inhabited without first ensuring that each handbill is so placed or deposited as to be secure or prevented from being blown or drifting thus becoming litter.

(§ 3, Ord. 1970, eff. October 16, 1997)

It shall be unlawful for any person, whether permitted under this chapter or not, to distribute, deposit, place, throw, scatter or cast any handbill in or upon any premises which has posted a sign in a place providing reasonable notice to passers by bearing the words "no handbills," or words of similar import.

(§ 3, Ord. 1970, eff. October 16, 1997, as amended by § 9, Ord. 2024, eff. April 6, 2001)

Any distribution of handbills, permitted under this chapter, shall require a permit to be issued by the Chief of Police. The application for said permit shall require substantially the information required for a solicitation permit under Section 4.01.030 of this chapter and the same application may be used for both.

(§ 3, Ord. 1970, eff. October 16, 1997, as amended by § 10, Ord. 2024, eff. April 6, 2001)

Every person filing an application for a handbill distribution permit under this chapter shall pay an application fee to compensate the City for the cost of processing the application which may be set from time to time by resolution of the City Council. Said fee shall not be refundable if a permit is not issued.

(§ 3, Ord. 1970, eff. October 16, 1997, as amended by § 11, Ord. 2024, eff. April 6, 2001)

It shall be unlawful for any individual, person, partnership, corporation or other business to cause or to allow, any handbill to be distributed in violation of this chapter.

(§ 3, Ord. 1970, eff. October 16, 1997)

Violation of any provision of this chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.04.010(A) of this Code. Provided, however, that any violation of this chapter may be charged as an infraction at the discretion of the City Prosecutor.

(§ 3, Ord. 1970, eff. October 16, 1997)