Cal. Code Regs. tit. 2 § 1208

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 1208 - Demonstrations, Gatherings, or Public Assemblies and Parades

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.

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.