Chapter 6.36

HANDBILL DISTRIBUTORS

Sections:

• 6.36.010 Handbill defined.

• 6.36.020 Distribution prohibited when - Register required.

• 6.36.030 Distribution without license prohibited.

• 6.36.040 Exemptions to chapter applicability.

• 6.36.050 License - Application requirements - Issuance conditions.

• 6.36.060 Permit - Required for each distribution - Application and issuance conditions.

• 6.36.070 License and permit fees.

• 6.36.080 Trespass not authorized by license or permit.

• 6.36.090 Releasing handbills from airplanes or buildings.

• 6.36.100 Restrictions on handbill distribution.

"Handbill" means any handbill, dodger, circular, booklet, card, pamphlet, sheet or other written or printed notice, or any sample product, any of which advertises any commodity, article, merchandise, business, meeting, entertainment, person or thing.

(Prior code § 6218; Ord. 19028.)

• A. No person shall distribute any handbill to or upon any premises in the city:

  1. When any such premises has posted thereon in a conspicuous place a sign or signs of at least eight square inches in area bearing the words "No Advertising"; or

  2. When the owner or occupant of such premises has filed with the director of finance a written notice objecting to the delivery of handbills, dodgers, circulars or other advertising matter to such premises; or

  3. When it is apparent that a previous day's distribution of advertising matter has not been removed; or

  4. When it is apparent that such premises are vacant; or

  5. Unless any such handbill is folded or otherwise so prepared or placed that it will not be blown therefrom by the wind;

  6. Nor shall any person distribute or deposit any handbill in, on or upon any unattended automobile parked on any street within the city.

• B. The director of finance shall keep a register open to public inspection showing the premises covered by objections filed in accordance with the provisions of subsection A of this section.

(Prior code § 6218.1; Ord. 21355.)

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SAN JOSÉ CODE

§ 6.36.030

No person except the holder of a distributor's license granted pursuant to the terms of this chapter shall distribute, by employees or otherwise, any handbill.

(Prior code § 6218.2.)

The provisions of this chapter shall not apply to the distribution and delivery of any newspaper or any publication printing news of a general nature and keeping advertising space therein open to the public and the publishing of general advertising therein.

(Prior code § 6218.6.)

A distributor's license shall be obtained by filing a written application therefor with the license collector upon forms to be supplied by him for that purpose. Such forms shall require the name and address of the applicant, together with names and addresses of his employees, together with such other information as may be required by the director of finance to properly identify all persons engaged in the business. Said application shall also contain a statement by the applicant that within ten days prior to the filing of said application he has inspected the register maintained by the director of finance showing the premises covered by objections filed in accordance with the provisions of subsection A of Section 6.36.020, and in the event a license is granted him, said applicant shall further agree that in each instance subsequent to the original distribution of handbills, that he will inspect the register maintained by the director of finance and that he will not distribute handbills to any premises therein listed. No distributor's license shall be granted by the license collector until the application has been completed in accordance with the provisions of this chapter.

(Prior code § 6218.3; Ord. 21355.)

• A. The holder of a distributor's license engaged in the commercial distribution of handbills for others shall be required to secure a permit for each distribution. The owner of a business may secure a permit covering the period of one year. Application for distribution permits shall be made in writing to the license collector and shall, in the case of commercial distributors, be accompanied by a copy of the matter to constitute the proposed handbill, and in the case of permits issued to the owner of a business by a statement of the general character of the advertising matter to be included in the series of handbills covered by such owner's permit.

• B. Permits shall be issued by the license collector upon compliance with the provisions of this chapter. Every handbill distributed in the city shall have plainly printed or stamped on the front of first page thereof in a space free of other matter, the following information: "San José Municipal Code Chapter 6.36 Distributor's License No. _________ Distributor's Permit No. _________"

• (Prior code § 6218.5; Ord. 21355.)

License and permit fees for handbill distributors shall be as set forth in the schedule of fees established by resolution of council. (Prior code § 6218.4; Ord. 21285.)

No license or permit issued pursuant to this chapter shall be deemed to constitute permission either expressed or implied to enter upon private property.

(Prior code § 6218.7.)

No person shall drop or release any handbill or any other matter or material from any aircraft or

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BUSINESS LICENSES AND REGULATIONS

§ 6.39.030

any place above ground level without first obtaining permission therefor from the city council. The council shall issue such permission only if it determines that such distribution is not detrimental to the public health and safety. Said distribution shall also be subject to the other requirements of this chapter.

(Prior code § 6218.8.)