Section 485 - Sales - Fire, Bankrupt, Altered Goods
Section 485:00. Definitions.
Subd. 1. For the purposes of this ordinance the following terms, phrases, words and their derivations shall have the meaning given in the subdivisions which follow. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Subd. 2. "City" is the City of Owatonna.
Subd. 3. "City License Officer" is the City Clerk-Treasurer of the City of Owatonna.
Subd. 4. "Fire and other altered goods sale" is a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.
Subd. 5. "Going-out-of-business sale" is a sale held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued, including, but not limited to the following sales: Adjustor's; Adjustment; Alteration; Assignee's; Bankrupt; Benefit of Administrator's; Benefit of Creditors; Benefit of Trustees; Building Coming Down; Closing; Creditor's Committee; Creditor's; End; Executor's; Final Days; Forced Out; Forced Out of Business; Insolvents; Last Days; Lease Expires; Liquidation; Loss of Lease; Mortgage Sale; Receiver's; Trustee's; Quitting Business.
Subd. 6. "Goods" is meant to include any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
Subd. 7. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind.
Subd. 8. "Removal of business sale" is a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the City or will then continue business from other existing locations in the City.
Section 485:05. License Required. A license issued by the City License Officer shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following kinds:
a. Going-out-of-business sale; b. Removal of business sale; and c. Fire and other altered stock sale.
Section 485:10. Application of Regulations.
Subd. 1. Provisions Supplement Other Licensing Ordinance. The provisions of this ordinance are intended to augment and be in addition to the provisions of other licensing ordinances of this City. Where this ordinance imposes a greater restriction upon persons, premises, businesses or practices than is imposed by other licensing ordinances of this City, this ordinance shall control.
Subd. 2. Established Business Requisite. Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six (6) months prior to the date of the proposed sale shall not be granted a license except as provided in Subdivision 3 hereof.
Subd. 3. Exception for Survivors of Businessmen. Upon the death of a person doing business in this municipality, his or her heirs, devisees or legatees shall have the right to apply at any time for a license hereunder.
Subd. 4. Interval Between Sales. Any person who has held a sale, as regulated hereunder, at the location stated in the application within one (1) year last past from the date of such application shall not be granted a license.
Subd. 5. Restricted Location. Where a person applying for a license hereunder operates more than one (1) place of business, the license issued shall apply only to the one (1) store, or branch, specified in the application and no other store or branch shall advertise or represent that it is cooperating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.
Subd. 6. Persons Exempted. The provisions of this ordinance shall not apply to nor affect the following persons:
a. Persons acting pursuant to an order or process of a court of competent jurisdiction; b. Persons acting in accordance with their powers and duties as public officials; c. Duly licensed auctioneers, selling at auction; d. Persons conducting a sale of the type regulated herein on the effective date of this ordinance, unless such sale is continued for a period of more than ten (10) days from and after such effective date, in which event, such person, at the lapse of the said ten (10) day period, shall comply with the provisions of this ordinance; e. Any publisher of a newspaper, magazine or other publication, who publishes in good faith any advertisement, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this ordinance have not been complied with.
Section 485:15. Application Requirements; Written Information Required.
Subd. 1. A person desiring to conduct a sale regulated by this ordinance shall make a written application to the City License Officer setting forth and containing the information required in the subdivisions which follow.
Subd. 2. The true name and address of the owner of the goods to be the object of the sale.
Subd. 3. The true name and address of the person from whom he purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition.
Subd. 4. A description of the place where such sale is to be held.
Subd. 5. The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
Subd. 6. The dates of the period of time in which the sale is to be conducted.
Subd. 7. A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted.
Subd. 8. The means to be employed in advertising such sale together with the proposed content of any advertisement.
Subd. 9. A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records. Said inventory shall be attached to and become part of the required application. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder. Any unusual purchase, or additions, to the stock of goods of the business hereby affected within thirty (30) days before the filing of an application hereunder shall be deemed to be of such character.
Section 485:20. License Fee. Any applicant for a license hereunder shall submit to the License Officer with his application the required license fee as duly set by the Council from time to time. Any applicant for a renewal license hereunder shall submit to the City License Officer with his renewal application a renewal license fee in the amount duly established by the Council from time to time.
Section 485:25. Effect of License.
Subd. 1. A license shall be issued hereunder on the terms set forth in the subdivisions which follow.
Subd. 2. Licensing Period. The license shall authorize the sale described in the application for a period of not more than thirty (30) consecutive days, Sundays and legal holidays excluded, following the issuance thereof.
Section 485:25, Subd. 3
Subd. 3. Nature of Sale. The license shall authorize only the one (1) type of sale described in the application at the location named therein.
Subd. 4. Saleable Goods. The license shall authorize only the sale of goods described in the inventory attached to the application.
Subd. 5. Surrender of General License. Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the City License Officer all other business licenses he may hold at the time applicable to the location and goods covered by the application for a license under this ordinance.
Subd. 6. Non-Transferability. Any license herein provided for shall not be assignable or transferable.
Section 485:30. Duties of Licensee.
Subd. 1. A licensee hereunder shall have the duties set forth in the subdivisions which follow.
Subd. 2. Adhere to Inventory. Make no additions whatsoever, during the period of the licensed sale, to the stock of goods set forth in the inventory attached to the application for license.
Subd. 3. Advertise Properly. Refrain from employing any untrue, deceptive or misleading advertising.
Subd. 4. Adhere to Advertising. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.
Subd. 5. Keep Duplicate Inventory. Keep available at the place of sale a duplicate copy of the inventory submitted with the application and shall present such duplicate to inspecting officials upon request.
Subd. 6. Segregate Non-Inventoried Goods. Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale apprising the public of the status of all such goods.
Section 485:35. Penalties. Any person violating any of the provisions of this ordinance shall be guilty of a penal offense. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.