HomeMy WebLinkAbout1261 - ADMIN Ordinance - City Council - 1974/04/29e
ORIGINAL
ORDINANCE NO. 1261
AN ORDINANCE RELATING TO THE LICENSING
AND REGULATION OF AUCTION SALES, ESTATE
SALES, AND RESIDENTIAL SALES; AMENDING
THE ST. LOUIS PARK ORDINANCE CODE,
CHAPTER 2 BY ADDING SECTIONS
THE CITY OF ST. LOUIS PARK ORDAINS:
Section 1. The St. Louis Park Ordinance Code, Chapter 2, is amended by
adding the following sections to read:
Sec. 2:2075. Definitions. As used in this ordinance, the following words
have the meanings indicated:
(a) Auction shall mean a sale at which real or personal property is
sold, going to the highest and best bidder or bidders.
(b) Estate sale shall mean a sale at which all or a majority of the
property, real or personal, owned by one person or family, is sold without
competing bidding, by another person acting as an agent for the owner of the
property or heirs.
(c) Residential sale or "garage sale" shall mean any sale conducted at
a residential premises where the property sold consists only of items owned by
the owner or renter of the premises at which the sale takes place or by friends
of such owner or renter, and where the sale is conducted by the owner of the premises
or friends, not by an agent or any other person to whom a commission or fee is paid.
Sec. 2:2076. Auction or Estate Sale License Required. No person shall hold
or conduct an auction or estate sale without a license. The general provisions of
Chapter 2 of the Ordinance Code of the City of St. Louis Park relating to the
issuance of licenses shall govern auction licenses and estate sale licenses, except
as they are inconsistent or in conflict with the provisions of this ordinance. No
person shall be granted an auction license unless that person is licensed under
Chapter 330 of Minnesota Statutes; and the number of said license is filed with the
city clerk prior to issuance of a license by the city.
Sec. 2:2077. Posting of License. The license issued by the city shall be
posted at all sales.
Sec. 2:2078. Bond. An applicant for an auction license or an estate sale
license shall be required to file with the city clerk a bond in a form approved by
the city attorney, in the penal sum of $2,000, conditioned that the applicant will
comply with all laws and regulations concerning auctions or estate sales and will
pay all damages which may be sustained by any person by reason of any fraud, deceit,
negligence or other wrongful act on the part of the licensee in the conduct of agy
auction or estate sale.
Sec. 2:2079. Notice of Sale-Auction. At least 7 days prior to the conduct of
a sale by auction, the licensee shall file a statement with the city clerk indicating
the date and place of sale, the name and address of the auctioneer who will conduct
the sale, and an itemized list of the merchandise to be offered for sale. The list
of merchandise shall contain a description of each item, including any serial number
and a designation by number corresponding to a number affixed to each item by a tag
which shall be kept fastened to the item at all times until sold. Every auctioneer
shall keep an accurate account of all property sold by him, the names of the persons
from whom the same was received and of those to whom it was sold and the price.
This information shall be made available to the city upon request. The city
sha llhave accessto and inspect all items to be sold, as deemed necessary, to enforce
the provisions of this ordinance.
Sec. 2:2080. Affidavit of Ownership-Estate Sale. At least 7 days prior to
the conduct of an estate sale, the licensee shall file an affidavit with the city
clerk on forms furnished by the city, signed by the owner, heirs, or estate executor,
that all of the merchandise being sold is the property of or under the direct
control of the signer.
Sec. 2:2081. Residential or Garage Sales Restrictions. No residential premises
shall be used for a residential sale or a garage sale for more than two periods of
seventy-two consecutive hours in any calendar year. None of the items offered for
sale shall have been bought for resale or received on consignment for purpose of
resale.
Sec. 2:2082. Auction Sales Excepted or Excluded. This ordinance shall not apply
to auction sales to dealers in the usual course of business, nor to sales by public
officers according to law, nor to any person selling the products of a farm or garden
occupied and cultivated by him, nor sales conducted for charitable purposes.
Sec. 2:2083. Fees.
(a) The annual auction license fee shall be $50.00.
(b) The annual estate sale license shall be $50.00.
(c) Applicants for both either auction sale license or an estate sale
license shall further pay a non-refundable investigation fee of $25.00
with the first application.
Sec. 2:2084. Prohibited Acts. No person shall act or employ another to
act at an auction sale as a buy -bidder, or as what is commonly known as "capper",
"shill",or "booster" or make any or accept any false or misleading bid or falsely
pretend to buy or sell any article sold or offered for sale. No auction, estate
sale, or residential sale shall be held between the hours of 12 midnight and 8:00 a.m.
Sec. 2:2085. Sales in Unauthorized Places. No person occupying or having
control of any building or premises, shall knowingly permit the sale of property
at auction or by estate sale in such building, or in any apartment or yard contrary
to the provisions of this ordinance.
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Sec. 2. Penalty. Any person violating the provisions of this ordinance
shall be guilty of a misdemeanor and upon conviction shall be punished by a fine
of not more than $300.00 or by imprisonment for a period of not to exceed 90
days or both.
Sec. 3. Effective Date. This ordinance shall take effect 15 days after
its publication.
WAtt-st:
/�K
City Clerk C;57"..1.464
d.
Adopted by the City Cou. it April 29, 197
Review
yor
or adm. * stration: Approved as to form nand legality:
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C it Attorney