Prior to conducting any commercial solicitation in Newport Beach, solicitors are required to obtain a solicitor permit from the Newport Beach Police Department. Permit applications may be downloaded here.
Solicitors must submit the completed application, along with the appropriate payment, to our front desk. The fee for a solicitor permit is $23 per person. Applicants will receive a reply within 10 calendar days of receipt of the completed application and payment.
Solicitor registration inquiries should be directed to our Records Unit at 949-644-3682.
It is a violation of Newport Beach Municipal Code section 5.42.125 to solicit or distribute handbills at any dwelling unit that displays a “No Soliciting” sign, or is included on the City's “Do Not Solicit” registry. This applies to all solicitation and handbills, whether the message is commercial or noncommercial.
Please remember that all solicitation is prohibited in all areas of Newport Beach between the hours of 9:00 p.m. and 8:00 a.m.
As of May 13, 2010, the City has hosted a “Do Not Solicit” registry on its website. Residents who do not wish to receive commercial solicitation, noncommercial solicitation, and handbills at their homes may sign up for the registry. This service is intended to benefit both residents and solicitors. Residents who do not wish to receive unsolicited communication and handbills can provide notice to solicitors and handbill distributors. Solicitors and handbill distributors can target their efforts and resources towards residents who are most likely to be receptive to the message.Newport Beach Municipal Code 5.42.125 states:
"Occupants of residential properties who visibly display 'No Soliciting' signs, or signs with similar wording, may annually request to have their addresses included on a registry of residential properties whose occupants do not wish to receive unsolicited handbills or solicitation. The registry shall be maintained by the City Manager’s Office and through the City’s website, and shall be available on the City’s website to the public and all potential commercial and noncommercial solicitors.
It shall be a violation of this section for any commercial or noncommercial solicitor to solicit or distribute handbills at or to any dwelling unit that is included on the City’s 'no soliciting' registry. (Ord. 2010-6 § 10 (part), 2010)"
Please click here to learn more about the "Do Not Solicit" registry, and to sign up. Residents may join the registry at any time during the year, but residents who wish to remain on the registry from year to year must renew their registration on an annual basis.
If you are a solicitor and would like to download the most current "Do Not Solicit" list, please click here.
Who is a solicitor?
Any person who “solicits,” as defined by the Newport Beach Municipal Code (NBMC). NBMC section 5.42.020 defines “solicit” and “solicitation” as the “request for, or offer of, money, services, opinion, support, information or property.” In general, this includes everyone who offers to sell anything, whether the sale benefits a charity or a commercial company. It also includes political canvassers, persons conducting opinion polls, and persons sharing their religious views.
Who is a "commercial solicitor"?
A person whose solicitation is primarily intended to lead to a commercial transaction. This can include a person offering to sell an individual’s or company’s goods or provide services for a fee.
However, “commercial solicitation” also includes solicitors who are paid to solicit on behalf of a nonprofit or noncommercial entity, or who retain any portion of the funds they raise on the nonprofit entity’s behalf. A common example of this is when a commercial entity organizes groups of solicitors to canvas a neighborhood offering to sell products in order to raise money for a nonprofit organization or noncommercial cause. If the commercial entity is paid by the nonprofit or keeps a portion of the funds raised, the NBMC defines this as commercial solicitation. The commercial entity must register with the Newport Beach Police Department, and each individual solicitor must carry a registration card. (See NBMC section 5.42.020.)
Who is a "noncommercial solicitor"?
A person whose solicitation is not primarily related to an economic transaction such as the sale of goods or services. This category includes political canvassers, persons offering to share their religious or political views, or persons otherwise engaging in noncommercial speech. Consistent with First Amendment law, these solicitors are not required to register with the Newport Beach Police Department.
However, if a solicitor is raising funds for a nonprofit entity, or selling products to raise funds for a nonprofit entity, and that solicitor is not paid to fundraise, and does not keep any portion of the funds raised, he or she is also considered a noncommercial solicitor and does not need to register with the Newport Beach Police Department before soliciting. (See NBMC section 5.42.020.) This category includes individuals and groups of volunteers raising money for political, religious, school or community purposes (so long as they do not retain any portion of the funds raised, and are not paid for their efforts.)
Do handbill or flyer distributors need to obtain a registration card?
No. However, the NBMC requires that any handbill placed on residential property include a legible notice that gives the name, address and phone number of the person or organization responsible for the handbills. The handbill must also contain a notice that anyone who does not wish to receive additional handbills may notify that person or organization. After receiving such notice, the distributor may not deliver more handbills to that residential property. (See NBMC section 5.42.120.)