The holding or conducting of any demonstration,
gathering, public assembly or parade on or in State buildings and grounds is
prohibited unless a permit for such activity has been issued by the Chief of
the State Police Division or his designate. The Chief of the California State
Police or his designate shall issue a permit within five days of receipt of a
complete and proper application therefor providing all of the following
criteria are met:
(a) The subject
activity is not a "commercial activity" as defined in subsection (g).
(b) The activity planned can be conducted in
the area designated without creating or causing a risk of injury or illness to
persons or risk of danger to property and will not impede the performance of
public business to be conducted in the area.
(c) There is no conflict as to time, place,
manner, and/or duration of the subject activity with activities for which
permits have been issued or are pending issuance. Said permit will not be
issued earlier than sixty (60) days prior to the planned activity.
(d) An application for said permit must be
received by the California State Police not later than five (5) working days
prior to the date of the planned activity and must contain the following
minimum information:
(1) The name of the
individual or group conducting the activity; and
(2) The date of the planned activity;
and
(3) The specific requested
location for the activity; and
(4)
A general description of the activity, including equipment and facilities to be
used, and approximate starting and concluding times; and
(5) Approximate number of persons expected to
be in attendance;
(6) Names,
addresses and telephone numbers of the chief monitors who will be designated to
coordinate and direct the activity.
One (1) monitor shall be designated for each fifty (50)
persons expected to be in attendance. Said monitors shall wear some uniform
distinctive emblem, insignia, or article of wearing apparel at all times during
the activity for identification purposes. Said emblem, insignia, or article
shall be described or indicated on the application; and
(7) Name(s), address(es), and telephone
number(s) of persons who are responsible for clean-up of the area after the
activity.
(e) Upon the
demonstration by the applicant of a showing of good cause, a permit may be
issued with less than five (5) working days notice provided the other criteria
are met.
(f) No exclusive rights to
permits for designated events shall be issued for consecutive future years to
any one applicant.
(g) For the
purposes of this section of the regulations, the term "Commercial Activity"
shall mean an activity undertaken with a primary purpose of obtaining a profit
for the benefit of an individual or business entity organized for profit, as
opposed to an activity whose purpose is an expression of ideas or causes,
whether of a religious, artistic, political, charitable, educational or
cultural nature, where the commercial aspects involved are incidental to the
activity.
(h) For the purposes of
this section of the regulations, the term "demonstration" shall be defined in
the following manner: "Demonstration" includes demonstrating, picketing, the
sale of non-commercial printed matter or materials, marching, moving in
procession, holding of vigils, and other like forms of activity which involve
the communication of expression, orally or by conduct, of views or grievances,
engaged in by one or more persons, the conduct of which has the effect, intent
or propensity to draw a crowd or onlookers.
(i) For the purposes of this section of the
regulations, the term "gatherings" shall mean an assemblage of more than two
persons whose purpose for meeting is for other than the conducting of
legitimate state business and whose organizing will have the effect, intent or
propensity to draw a crowd or onlookers.
Notes
Cal. Code
Regs. Tit. 2, §
1208
1. Order
of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7;
effective thirtieth day thereafter (Register 85, No. 26). For prior history,
see Register 73, No. 10.
2. New section filed 6-24-85 as an
emergency; designated effective 7-3-85 (Register 85, No. 26). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 10-31-85.
3. Certificate of Compliance as to
6-24-85 order transmitted to OAL 10-24-85 and filed 11-26-85 (Register 85, No.
48).
Note: Authority cited: Section
14685,
Government Code. Reference: Section
14685,
Government Code.
1. Order of Repeal
filed 6-3-85 by OAL pursuant to Government Code Section
11349.7;
effective thirtieth day thereafter (Register 85, No. 26). For prior history,
see Register 73, No. 10.
2. New section filed 6-24-85 as an
emergency; designated effective 7-3-85 (Register 85, No. 26). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 10-31-85.
3. Certificate of Compliance as to
6-24-85 order transmitted to OAL 10-24-85 and filed 11-26-85 (Register 85, No.
48).
