(a) No person shall, on any public street, sidewalk or parkway, in this city, or in any doorway or entrance way immediately abutting thereon, solicit the sale of any subscription to any magazine, periodical or other publication, or the sale of any tangible personal property for delivery at a subsequent time.
The foregoing section at one time had a Subsection (b) which provided that the section should cease to be effective six months after the cessation of hostilities in the war. However, such subsection was repealed and the section is now enforceable as it stands. The cases cited below, although tried before the repeal of Subsection (b), are still applicable to the present ordinance.
The ordinance is not an unlawful interference with interstate commerce and it does not interfere with freedom of speech and the press, although the portion which prohibits solicitation from doorways and entrance ways abutting on the streets may be invalid for the reasons held to invalidate a similar ordinance in McKay Jewelers v. Bowron, 19 Cal. 2nd 595, but that provision is plainly severable so that if one is struck down it does not necessarily drag the other down with it.
People v. Carver, CR A 2119.
See also Pittsford v. City of Los Angeles, 50 Cal. App. 2d. 25,32.
In re Mares, 75 A.C.A. 909.
citing: People v. Carver supra, which opinion is adopted by the District Court of Appeals.
See also: Freedom of Speech and Commercial Solicitation, 39 Cal. Law Rev. 655.