Poway Municipal Code Ch. 8.06 Misuse of Business Premises

No person shall have the right to use privately operated business premises which are open to the general public for any purpose which is contrary to the functions or services provided thereon without the consent of the owner, operator or agent thereof. It is unlawful for any person so using such property to refuse or fail to leave such property upon being requested to leave by the owner, operator or agent thereof.

(Ord. 205 § 1, 1986)

It is unlawful for any person without the permission of the owner, operator or agent of privately operated business premises which are open to the general public to enter upon such premises within 48 hours after having been requested by the owner, operator or agent thereof to leave therefrom pursuant to the provisions of PMC § 8.06.010.

(Ord. 205 § 1, 1986)

The provisions of this chapter shall not apply in any of the following instances:

A. Where their application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provisions of law relating to prohibited discrimination against any person on account of color, race, religion, sex, creed, ancestry or national origin;

B. Where their application would result in an interference with or inhibition of peaceful picketing directed toward the business establishment, lawful labor activities, or peaceful political activities;

C. Where their application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers;

D. Where the person who is upon the privately operated business premises which are open to the general public is present under claim or color of legal right.

(Ord. 205 § 1, 1986)