"Free" CDs

In response to inquiries about several recent incidents, here’s an update about the distribution of “free” CD’s.

Representatives of New Era Global (or similar type of organizations) are allowed to contact individuals and offer them "free" CD's as long as they are not blocking the sidewalk, preventing individuals from movement on the sidewalk, or demanding payment for the "free" CD after it is given to an individual.

Violating any of those conditions is a violation of two separate municipal codes:

Manhattan Beach Municipal Code Sections 4.01.020 (Solicitation - Permit Required) and 4.56.060 (Obstructing Sidewalk) govern these activities. Therefore, the distribution of “free” CDs to the public, while sometimes objectionable, is not necessarily illegal.

Manhattan Beach Municipal Code Section 4.01.020 (Solicitation Permit Required) provides:

In relation to MBMC 4.01.020 (Solicitation Permit Required), after offering a "free" CD and the CD is accepted, the representative cannot then demand payment for the CD. If they do, then they are soliciting without a permit, which is a violation of a municipal code as mentioned in the attachment. In order for the police to enforce this, the violation must be committed in the presence of a police officer as required by law. This violation is a misdemeanor. However, if this is not committed in the presence of a police officer, then a citizen can request the officer issue a citation on their behalf (Private Person's Arrest).

Manhattan Beach Municipal Code Section Section 4.56.060 (Obstructing Sidewalk) provides:

Pertaining to Municipal Code 4.56.060, if there is no violation of permit, but they are blocking the free movement of people, they can be cited for Obstructing Sidewalk, which reads: “No person shall stop, stand or sit in or upon any sidewalk area or crosswalk in any manner so as to hinder or obstruct the free passage of pedestrians thereon, nor shall any person annoy or molest such pedestrian.”