Oh man, right?! But honestly, this is not something you want to argue with the police. They don't care. It's the judges job to hear these arguments. My advice is that if a cop tells you to stop, unless you're prepared to defend your rights with the judge, just stop and move on. Sometimes a few cops I've ran into understand this part of the law, but they aren't the ones who bother you.

More often it's the adjacent business owners or residents who need to be informed, for they are usually the ones calling the cops. I wrote and printed a pamphlet that an artist can distribute to local businesses explaining their rights to perform and sell. I'll try to get that back online soon.

Also, I have a legal argument already prepared for those who wish to defend their rights and are willing to accept a ticket. But it's a much better idea to find a place where this kind of activity is already accepted by the community. You probably have your "spot". A lot of street buskers and performers have found where they can go from trial and error. I hope to show that perhaps there are more "sweet spots" to sell and perform than one realized. :)