(a) It shall be unlawful for any person in or on any street, sidewalk, or other public way to importune, or solicit any other person, by word of mouth, gesture, or otherwise, to enter a place where goods, wares, or merchandise is sold, or where for a price or a donation, services are offered, or any exhibition, motion picture, play or performance is shown.
(b) It shall be unlawful for anyone who is visible or audible to any person on any street, sidewalk, or other public way, in a loud, boisterous, raucous, offensive or insulting manner to importune or solicit any other person to enter a place where goods, wares, or merchandise is sold, or where for a price or donation, services are offered, or any exhibition, motion picture, play or performance is shown.
Insofar as 42.02 prohibits the solicitation of sales of goods by merchants by the use of entrances, doorways or hallways abutting on public ways, it cannot be sustained as a valid exercise of police power as applied to merchants who solicit business in a quiet, dignified and peaceful manner, without pressure or undue influence, and who make no sales except inside their store. The ordinance violates California Constitution, Article I, Section 1 and 13, and the Constitution of the United States, Fourteenth Amendment, and violates the constitutional guaranty of free speech.
McKay Jewelers v. Bowron, 19 Cal. 2d 595, 599, 600.
A legislative body may not, under the guise of the police power, impose unnecessary and unreasonable restrictions on the use of private property or the pursuit of useful activities.
McKay Jewelers v. Bowron, Supra.