Chapter 6.26
HANDBILL DISTRIBUTION

Sections:

6.26.010    License – Required – Terms.

6.26.020    Prohibited acts.

6.26.030    Distribution procedure.

6.26.040    License – Denial and revocation – Appeal.

6.26.050    Violation – Penalty.

6.26.010 License – Required – Terms.

A. It is unlawful for any person, company, or corporation to distribute handbills, circulars, dodgers, pamphlets, or samples in the city without first procuring a license in accordance with this chapter; and no license granted under this chapter shall authorize such distribution beyond the limit of time for which the license has been granted, and every such act shall constitute a distinct and separate offense. Such license is in addition to the general business registration required Chapter 6.05 BMC.

B. Any person, firm, or corporation desiring to obtain a license for the purpose of such distribution shall pay for a license to do so the sum of $5.00 per month, or the sum of $50.00 per year if the license is paid annually. No such license shall authorize the licensee to distribute samples of medicine or drugs within the city. The license shall protect the person, one member of the firm, or one officer of such corporation, respectively, and three assistants; provided, that any such assistant shall be accompanied while engaged in such work by such person, member of the first, or officer of the corporation, as the case may be.

C. The calendar year is adopted as a license year, and the licenses as provided for in this chapter shall be applied for, paid, and issued in the manner as now provided in Chapter 6.08 BMC for the issuance of license. [Ord. 2012-10-047 § 19. Code 1980 at § 15.28.010].

6.26.020 Prohibited acts.

A. It is unlawful for any person, firm, or corporation, whether licensed or not, to throw, place, or distribute in or upon any vehicle situated in any street, alley, or public place in the city any handbills, circulars, dodgers, cards, or other similar matter whatsoever, or any samples of any commodity.

B. It is unlawful for any person, firm, or corporation, whether a licensed bill distributor or not, to distribute by throwing, placing, or scattering on any public street or place, sidewalk, or alley in the city any handbill, circular, dodger, pamphlet, card, or other similar matter whatsoever. [Code 1980 at § 15.28.020].

6.26.030 Distribution procedure.

A. It is lawful for any person, firm, or corporation to distribute on any public street, alley, or public place in the city any handbill, circular, dodger, pamphlet, or card, containing thereon anything other than advertising matter without securing a license therefor. The same shall be distributed from hand to hand and not tossed or thrown; provided further, that the same shall not contain matter offensive to public morals, and shall not advocate unlawful conduct; and provided, further, that such distribution is made without molestation of individuals, and does not result in the misuse or littering of any public street, alley, or public place.

B. It is lawful for any person, firm, or corporation to distribute handbills, circulars, dodgers, cards, or other similar matter or samples without securing a license therefor, when the same is delivered at the home or places of business by handing to any person thereat, except drugs and medicine which shall not be distributed in any manner. [Code 1980 at § 15.28.030].

6.26.040 License – Denial and revocation – Appeal.

The finance director may deny or revoke a license under this chapter. The finance director may deny or revoke whenever it appears the licensee has violated any provision of this chapter or any provision of BMC 6.05.230(A). Anyone aggrieved by the denial or revocation may appeal to the hearing examiner. An appeal under this subsection shall be governed by BMC 6.05.230(B), (C), and (D). The decision to deny or revoke or not to revoke for violation of the provisions of this chapter shall not relieve the licensee from liability to punishment under penalties provided in BMC 6.26.050. [Ord. 2012-10-047 § 20; Ord. 2002-10-069 § 12; Code 1980 at § 15.28.040].

6.26.050 Violation – Penalty.

Violation of the provisions of this chapter shall subject the offender to payment of a fine of not to exceed $1,000 or imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment. [Ord. 2012-10-047 § 21; Ord. 10388 § 18, 1992; Code 1980 at § 15.28.050].