(A) This chapter is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The Council finds, however, that solicitors have used public streets and their direct contact with residents of the city for the illegitimate solicitation practices of harassment, nuisance, theft, deceit or menacing, troublesome or unlawful activities.
(B) This chapter is intended to ferret out and control:
(1) Businesses and organizations using solicitation as a means of concealing unlawful activities;
(2) Businesses and organizations which, though their activities be lawful or even commendable, use the illegitimate practices in solicitation; and
(3) Individual natural persons who, though they represent lawful businesses and organizations, use the illegitimate solicitation practices.
(C) The Council further finds that a large number of the residents of the city are employed as their livelihood and means of support by manufacturing plants and other businesses on shifts rotating between night and day, and to disturb them during their sleeping hours for the purpose of solicitation is a source of nuisance or even harassment and should be subject to control.
(1989 Code, § 6.31, Subd. 1)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS SOLICITATION. An attempt by a solicitor, engaging in transactions of the same kind, to sell or distribute for a consideration any goods or services primarily for personal, family or household purposes, when either the solicitor or person acting for him or her contacts the solicitee by telephone or in person, other than at the established place of business of solicitor, except:
(1) An attempted solicitation in which the solicitee personally knows the identity of the solicitor, the name of the business firm or organization he or she represents and the identity or kinds of goods, services or things of value offered;
(2) An attempted solicitation in which the solicitee has first initiated the contact with the solicitor;
(3) An attempted solicitation of a newspaper subscription in which the solicitor is a minor child engaged in both the delivery and sale of the newspaper; or
(4) An attempted solicitation for the sale of products of a farm or garden occupied or cultivated by the solicitor, when facts of the occupancy or cultivation are proven by the solicitor.
CONTRIBUTION SOLICITATION. An attempt by a solicitor to obtain money from a solicitee for any cause or purpose, when either the solicitor or person acting for him or her contacts the solicitee by telephone or in person other than at the established place of meeting, business, service or activity of the organization represented by the solicitor, except:
(1) An attempted solicitation in which the solicitee personally knows the identity of the solicitor, the name of the organization he or she represents, and the identity of the services performed or offered by the organization; or
(2) An attempted solicitation in which the solicitee has first initiated the contact with the solicitor or the organization represented by him or her.
ESTABLISHED PLACE. Real estate in the city owned, leased on a month-to-month or term-certain longer than 30 days. The term includes a booth, compartment or area leased or assigned during and for the length of an event or occasion.
GOODS. Any tangible thing of value including money if the selling price exceeds the face value thereof. The term includes such chattels as are furnished or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part thereof, whether or not severable therefrom.
SERVICES. Work, labor or services of any kind.
SOLICITEE. The person solicited.
SOLICITOR. Any person making the solicitation, including such common terms as PEDDLER, TRANSIENT MERCHANT and CANVASSER.
(1989 Code, § 6.31, Subd. 2)
(A) It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity.
(B) It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit or menacing, troublesome or otherwise unlawful activities during the course of solicitation.
(C) It is unlawful for any solicitor to enter or attempt to gain entrance, to residential premises displaying at the entrance a sign at least three and three-fourths inches long and three and three-fourths inches high with the words “Peddlers and Solicitors Prohibited” or “Solicitors Prohibited” in type not smaller than 48 point.
(D) It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, lessee or person in charge thereof.
(E) It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provided.
(F) It is unlawful for any person to engage in business solicitation without a license as herein provided.
(G) It is unlawful for any solicitor except for an authorized manufacturer’s representative to offer for sale any of the following items:
(1) Infant formula or other food intended primarily for consumption by a child under the age of two years; or
(2) Over-the-counter drugs, medical devices and cosmetics.
(1989 Code, § 6.31, Subd. 3) (Ord. 30, 2nd Ser., eff. 5-21-1999) Penalty, see § 111.99
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