David Karber for Donald R. Gerth, President
Commercial Transactions, Commercial Solicitation, Solicitation, Selling of Published Materials, and Handbills and Circulars
This memorandum is to comply with the action taken by the Board of Trustees at their March 27-28, 1979, meeting amending Section 42350-42352 of Title V of the California Administrative Code.
The Director of Public Safety will cause this PM or a summary of it to be posted as a notice at or near the principal entrances of the campus. If a summary is posted it will indicate the places where copies of the entire PM are available to be read. 42354.
The specific provisions set out below may be modified by the university with a written letter or different terms in a written lease.
1. “Private Sales” are the occasional selling between persons who are campus students or
employees. 42350 (d). These comments about commercial transactions and
commercial solicitations do not apply to such occasional private sales between members
of the university community. 42350.1 (b)
2. Commercial transactions and commercial solicitations are not to be accomplished on the campus until the person(s) fills out and has approval of an Application for Permit to Engage in Commercial Transactions or Solicitations in the Office of Public Safety. SCC A-122 Ext. 3639. Commercial transactions and commercial solicitations require approval by the Department of Public Safety based upon the application form. If the Public Safety department denies an application, the applicant may appeal to the Director of Business Affairs* (ERC C-532, Ext. 3796) during the business day.
“Commercial transaction” means selling or purchasing or both selling and purchasing by any person in the course of employment in, or in carrying on of, a trade or business. Administrative Code 42350 (e). Commercial transactions and commercial solicitations including the display of property or services for sale on a campus is prohibited except with written permission of the Director of Public Safety. Such permission shall be granted if:
(1) the proposed activity aids achievement of the educational objectives of the campus, does not unreasonably interfere with the operation of the campus and is not prohibited by law, or
*Current title is Vice President, Administration & Finance (ERC C-502, x3750)
(2) the prospective buyer has agreed in writing in advance to an appointment, and the prospective seller makes no more than one appointment for any day, and such appointment does not interfere with the operation of the campus. (42350.1).
“Commercial Solicitation” means any direct and personal communication in the course of a trade or business reasonably intended to result in a sale. 42350 (b). Commercial solicitation and the display of property or services for sale on a campus is prohibited unless prior written authorization has been obtained.
Commercial transactions and commercial solicitation may occur without prior written permission at any time in the normal course of business by employees in authorized and established campus commercial facilities and stores, and anywhere between faculty and representatives of book publishers, and in other places where commercial solicitors are invited by people with authority to give such invitations.
Commercial transaction or commercial solicitations may, subject to the above, be authorized on a space-available basis at one of the university owned tables inside the north entrance to the Student Union – cafeteria building. However, items of food will not be sold at these tables. Outdoor commercial transactions or commercial solicitations, unless otherwise authorized, will not involve university equipment and will be limited to the sidewalk and grass areas between the Commons and Playbox Theater, or along the west outside wall of the Commons, or the sidewalk between the Commons and the SBS building. The Department of Public Safety will, when approving an application, clearly indicate the area that can be used by the salesperson or solicitor.
Commercial transactions and commercial solicitations can be authorized only between 8 a.m. and 8 p.m., Monday through Thursday and 8 a.m. and 3 p.m. on Fridays.
People with prior guilty pleas or convictions, after age 18, in connection with offenses related to commercial transactions may be denied permission to engage in commercial transactions or commercial solicitations.
3. Not-for-profit or non-commercial solicitation does not require application and advance written permission. Such “solicitation” means to importune, or endeavor to persuade or obtain by asking, but does not include “commercial solicitation.” 42350 (C). Solicitation must comply with these regulations as to time, place, and manner; otherwise the solicitation is prohibited. 42350.5.
Solicitation for legal purposes may occur on the campus grounds between
8 a.m. and 8 p.m. Monday through Thursday and 8 a.m. to 3 p.m. on Friday
through Sunday in places and ways that do not block pedestrian traffic.
Personal, face-to-face, solicitation will not occur in parking lots or on
vehicle road ways because of traffic and safety factors. Solicitations
other than occasional conversations between students and/or employees
will not occur in classrooms, offices, theaters, conference rooms, or
commercial rooms on the campus.
Solicitation must not appear threatening, create problems of public
safety, interfere with classes, harass people, obstruct the free flow of
pedestrian or vehicular traffic and must be carried out without threats,
shouting or unauthorized voice amplification and other loud noises.
Anyone soliciting in the name of an organization must be willing and
able to demonstrate and document his or her relationship with that
Solicitation will not involve the careless handling of handbills and
circulars to create a litter problem on campus and will not involve
placing items on vehicles in the campus parking lots.
4. Selling of Published Materials. The selling or displaying for sale of any books, newspapers, pamphlets and other published materials shall be permitted on campus without the need for advanced written permission provided:
a. such published materials are not available for sale at the campus bookstore, and
b. the selling or display of such published materials is conducted in compliance with any time, place, and manner adopted by the President below, and
c. the published materials displayed or offered for sale are not in violation of the provisions of Chapter 7.5, Title 9, Part 1 (commencing with Section 311) of the Penal Code which relates to the sale and distribution of obscene matter, or of Chapter 6, Title 3 (commencing with Section 66400) of the Education Code which relates to the preparation, sale and distribution of commercial term papers, theses and other materials to be submitted for academic credit.
Selling of published material may occur between 8 a.m. and 8 p.m. on Monday through Thursday and 8 a.m. and 3 p.m. on Friday through Sunday on the campus grounds but not in parking lots, roadways, classrooms, offices, conference rooms, theaters, or commercial rooms on the campus. The selling activities must not appear threatening, create problems of public safety, interfere with classes, harass people, obstruct the free flow of pedestrian or vehicle traffic, and must be carried out without unauthorized voice amplification or other loud noises. The selling activities will not involve the careless handling of handbills and circulars to create a litter problem on campus, and items will not be placed on vehicles in the campus parking lots. The selling or displaying for sale of published material in violation of these regulations is prohibited.
6. Handbills and Circulars. No person or persons shall, upon any of the grounds of the campus cast, throw, deposit, or distribute any advertising handbills or circulars, which contain false, misleading, or illegal advertising.
Handbills and circulars whether commercial, social, political, or of whatever subject must be handled, deposited, and distributed with care to minimize problems of litter on the campus.
Handbills and circulars may be distributed without the need for advance permission in campus buildings and on campus grounds between 8 a.m. and 8 p.m. Monday through Thursday and between 8 a.m. and 3 p.m. on Friday through Sunday. Handbills and circulars will not be distributed in any classroom during the class period without the advance permission of the professor, and will not be placed on vehicles in the campus parking lots or handed to people inside vehicles if the motor of the vehicle is running.
Materials for posting on bulletin boards are to be taken to the Student Union desk in the Commons – union – cafeteria building during the business day to be stamped before posting on campus bulletin boards. (An exception to this need to have material stamped is organizing literature sponsored by an employee organization, and six special employee organization bulletin boards have been established for such a purpose).
Anyone wanting to post handbills or circulars should review university policy with the Department of Public Safety about use of bulletin board, not posting on buildings or painted surfaces, etc.
Full policy statement is available in the following offices:
Public Safety (SC A 122) and
Commercial transactions and solicitations on campus are permitted only when an “Application for Permit to Engage in Commercial Transactions or Solicitations” has been received and approved. (Forms available in Public Safety Office, SC A 122).
Approval may be granted subject to the following conditions:
(1) aids the educational objectives of the campus;
(2) does not interfere with the operation of the campus;
(3) is not prohibited by law;
(4) occurs between 8:00 a.m. and 8:00 p.m. Monday through Thursday or 8:00 a.m. and
3:00 p.m. Friday;
*Currently, Office of Administration and Finance
(5) occurs only in specified public areas; and
(6) is conducted without threat, harassment, loud noise, litter, or impairment of pedestrian or
No permit is required for the following types of transactions or solicitations:
(1) appointments made in advance with prospective buyers;
(2) private sales between members of the university community;
(3) sale or display of published materials when:
(a) materials are not available at campus bookstore,
(b) conditions of time, place and manner stated above are met,
(c) materials are not in violation of the laws dealing with obscenity and commercial
(4) distribution of handbills and circulars in buildings and on grounds when:
(a) conditions of time and manner stated above are met,
(b) classrooms are not entered without permission of instructor.