President's Directive No. 3
University Policy Regarding the Sale of Published Materials on
Campus
This directive is issued pursuant to Sections 89031 and 89035 of
the Education Code. Violation of this directive is a misdemeanor
and is punishable as prescribed in Section 19 of the California
Penal Code and/or Section 41301, Title 5, California Administrative
Code. Except as provided in this directive, it is unlawful for any
person to attempt to complete sales of published materials or to
attempt or complete sales of such published material in unauthorized
areas or during unauthorized hours. Sales of published material,
as described in the provisions of Chapter 7.5, Title 9, Part 1,
commencing with Section 311 of the Penal Code (relation to the sale
and distribution of obscene matter) or of Chapter 6, Title 3 (commencing
with Section 66400) of the Education Code (relation to the preparation,
sale and distribution of term papers, these and other materials
to be submitted for academic credit) is prohibited.
California Administrative Code, Title 5, Section 42351 provides
that:
(a) Except in the case of private sales, and commercial transactions
to which Section 42350.1 applies, the selling or displaying for
sale of any books, newspapers, pamphlets and other published materials
shall be permitted on campus provided:
(i) Such published materials are not available for sale at the
campus bookstore, and
(ii) The selling or display of such published materials is conducted
in compliance with any time, place and manner directives adopted
by the president, and….
“Selling displaying for sale of published materials in violation
of subsection (a) is prohibited.”
California Administrative Code, title 5, Section 42350 (a) provides
that:
“Sale,” “selling,” or “purchasing”
mean an activity creating an obligation to transfer property or
services for a valuable consideration.
DIRECTIVE:
A. Activity within the scope of this section is approved subject
to the following:
- All official student publications underwritten by the Associated
Students, Inc., at no extra cost, may be distributed without additional
clearance according to the procedure established by the organization
involved, once initial permission has been granted by the Vice
President for Student Services or the Vice President’s designee.
- All official student publications underwritten by the Associated
Students, Inc. may be sold without additional clearance according
to procedures established by the Associated Students, Inc., once
initial permission has been granted by the Student-Faculty Publications
Board. Official Associated Students, Inc. publications may be
sold through the Associated Students, Inc. business office.
- The offering for sale or selling of printed material on campus
to the general campus population by any student, student organization
except the Associated Students, Inc., employee, employee organization
or outside agency is subject to the following regulations:
a. The printed or published material must neither be in violation
of Section 41301 of the California Administrative Code nor in
violation of the provisions of Chapter 7.5, Title 9, Part I
of the Penal Code.
b. The printed or published material must not be available
for purchase in the Titan Bookstore.
c. Permission in writing must be given by the President’s
designee.
d. If the President’s designee grants permission in writing
for the sale or selling of printed material on campus, then
the printed material may be offered for sale or sold at the
time, place and in the manner set out in Section A-4 of this
directive.
- If written permission is given by the President’s designee
for the sale of printed or published material, such offering for
sale or selling is subject to the following restrictions:
Time: Any time.
Place: In any undeserved exterior location except the parking
lots, building courtyards and patios, and at least 25 feet distance
from the entrance to any building.
Manner: In a manner which does not interfere with normal pedestrian
and vehicular traffic, and with special consideration for the
mobility problems of handicapped persons; without interfering
with the instructional program; without the use of voice amplification
equipment; and subject to the premises being left in the same
condition which they are found.
In the case of newspapers, they may be sold by off-campus vendors
in vending machines provided by the vendor outside the main entrance
of the Titan Bookstore, and in other places designated by the Vice
President for Administration.
B. This directive does not apply to private sales between individuals
where there is no attempt to solicit or sell to the general campus
population.
DESIGNATION:
Where students and student organizations are concerned the President’s
designee for purposes of this section is the Vice President for
Student Services or the Vice President’s designee. In all other
cases the President’s designee is the Vice President for Administration.
Date: July 9, 1984
Acknowledged by: Jewel Plummer Cobb, President California State
University, Fullerton
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