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California Business And Professions Code Section 17210

Legal Research Home > California Lawyer > Business and Professions Code > California Business And Professions Code Section 17210

(a) For purposes of this section, "hotel" means any hotel,
motel, bed and breakfast inn, or other similar transient lodging
establishment, but it does not include any residential hotel as
defined in Section 50519 of the Health and Safety Code.  "Innkeeper"
means the owner or operator of a hotel, or the duly authorized agent
or employee of the owner or operator.
   (b) For purposes of this section, "handbill" means, and is
specifically limited to, any tangible commercial solicitation to
guests of the hotel urging that they patronize any commercial
enterprise.
   (c) Every person (hereinafter "distributor") engages in unfair
competition for purposes of this chapter who deposits, places,
throws, scatters, casts, or otherwise distributes any handbill to any
individual guest rooms in any hotel, including, but not limited to,
placing, throwing, leaving, or attaching any handbill adjacent to,
upon, or underneath any guest room door, doorknob, or guest room
entryway, where either the innkeeper has expressed objection to
handbill distribution, either orally to the distributor or by the
posting of a sign or other notice in a conspicuous place within the
lobby area and at all points of access from the exterior of the
premises to guest room areas indicating that handbill distribution is
prohibited, or the distributor has received written notice pursuant
to subdivision (e) that the innkeeper has expressed objection to the
distribution of handbills to guest rooms in the hotel.
   (d) Every person (hereinafter "contractor") engages in unfair
competition for purposes of this chapter who causes or directs any
other person, firm, business, or entity to distribute, or cause the
distribution of, any handbill to any individual guest rooms in any
hotel in violation of subdivision (c) of this section, if the
contractor has received written notice from the innkeeper objecting
to the distribution of handbills to individual guest rooms in the
hotel.
   (e) Every contractor who causes or directs any distributor to
distribute, or cause the distribution of, any handbills to any
individual guest rooms in any hotel, if the contractor has received
written notice from the innkeeper or from any other contractor or
intermediary pursuant to this subdivision, objecting to the
distribution of handbills to individual guest rooms in the hotel has
failed to provide a written copy of that notice to each distributor
prior to the commencement of distribution of handbills by the
distributor or by any person hired or retained by the distributor for
that purpose, or, within 24 hours following the receipt of the
notice by the contractor if received after the commencement of
distribution, and has failed to instruct and demand any distributor
to not distribute, or to cease the distribution of, the handbills to
individual guest rooms in any hotel for which such a notice has been
received is in violation of this section.
   (f) Any written notice given, or caused to be given, by the
innkeeper pursuant to or required by any provision of this section
shall be deemed to be in full force and effect until such time as the
notice is revoked in writing.
   (g) Nothing in this section shall be deemed to prohibit the
distribution of a handbill to guest rooms in any hotel where the
distribution has been requested or approved in writing by the
innkeeper, or to any individual guest room when the occupant thereof
has affirmatively requested or approved the distribution of the
handbill during the duration of the guest's occupancy.

Last modified: January 12, 2009