(A) Purpose. This section is not intended to interfere with legitimate business activities of peddlers as the same are herein defined, whether the same be local or interstate. These provisions are intended only to, as nearly as possible, ferret out the illegitimate or confidence operators and to regulate and control all those who would use their unique presence on property within the city, either in person or by means of a telephone contact, or their unique proximity to its residents, for purposes of harassment, nuisance, theft, or other unlawful activities.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PEDDLER. Includes door-to-door, street-to-street, place-to-place or temporary vendors of sales or services without a fixed, determined and permanent location within the City of North Mankato at which he or she transacts his or her business, carries on his or her occupation or practices his or her profession, and includes, but is not limited to, persons commonly referred to as peddlers, solicitors, transient merchants or canvassers.
TELEPHONE SOLICITATION. Any contact by telephone to secure an appointment or to make a sale of any service or merchandise, which call results in the delivery of any merchandise, performance of any service, arranging an appointment, meeting or other confrontation between the telephone solicitor and the person contacted for the purpose of selling any such service or merchandise.
(C) License required. It is unlawful for any person to engage in peddling without a license from the city.
(D) Conditions of licensing.
(1) Separate licenses. Each individual engaged as a peddler or accompanying a licensee at work must secure a separate license.
(2) Practices prohibited. It is unlawful for any person, licensed under this section, to call attention to his or her business or to his or her merchandise by crying out, blowing a horn, ringing a bell, or by any loud or unusual noise, or by use of any amplifying device.
(3) Hours. Any person licensed under this ordinance shall limit their activities from the hours of 8:00 a.m. to 8:00 p.m.
(E) Identification badge.
(1) It is unlawful for any person to engage in business solicitation unless such person displays upon their chest an identification badge issued by the city as provided herein in such a fashion that the badge is clearly and readily visible at all times to any solicitee.
(2) The City Clerk shall issue an identification badge to each person who is granted a business solicitation license pursuant to this section. If the solicitor is an organization, then each person who solicits on behalf of the organization shall be issued an identification badge. The identification badge shall state the name of the solicitor, the purpose for which solicitations are being conducted and the dates on which the license is effective. Furthermore, the City Clerk shall instruct each solicitor concerning the requirement that the identification badge must be displayed at all times while soliciting. The identification badge is only a certification that the solicitor has a license by the city. It does not convey any city endorsement of the solicitation.
(F) Exceptions. This section shall not apply to any sale under court order, nor to any bona fide auction sale, nor to newsboys, nor to a sale at wholesale to a retail dealer in the articles sold, nor to the sale of farm or garden products by the person producing the same, nor sales of admissions by local school students to a school function. Nor shall this section apply to solicitations for philanthropic, religious, and educational charitable causes if the following procedure has been accomplished:
(1) Sworn application has been made to the City Clerk showing name of the organization, its purposes, its officers and directors, period of solicitation and solicitors form of remuneration;
(2) The City Clerk has investigated and found such statements true and for charitable purpose and therefore issued a permit without charge.
(1975 Code, § 6.24) (Am. Ord. 2, passed 12-1-1980; Am. Ord. 34, 4th Series, passed 1-18-11) Penalty, see § 10.99