GOING OUT OF BUSINESS SALES

Minneapolis Code of Ordinances tit. 13, ch. 293

in effect

Minneapolis Code of Ordinances § 293.10 Definitions.

293.10. - Definitions. When used in this chapter the following words or phrases shall mean: Advertise. Any means, whether oral, written, lettered or by picture, used to give notice of intention to conduct a sale or to advertise merchandise for sale at such sale; including, but not limited to, oral announcement made at the place of sale, or oral announcement by sound truck or by radio or television, by written, printed or pictured notice, by newspaper advertisement, magazine advertisement, handbill, printed display, poster, label, price tag, circular, pamphlet or book. Merchandise. All kinds of goods, wares and merchandise usually sold for consumption. Sale. A sale or offer to sell to the public merchandise of any and all kinds and descriptions, on hand and in stock, in connection with a declared purpose, as set forth by advertising on the part of the seller that such sale is: (a) Anticipatory to the termination, closing, liquidation, windup, discontinuance, conclusion or abandonment of the business and advertised in the following phrases or in any other phrase or phrases of like or similar language which reasonably convey to the public that the sale is being conducted for such purpose: "Going out of business sale," "trustee's sale," "liquidation sale," "executor's sale," "administrator's sale," "adjustment sale," "reorganization sale," "creditors' committee sale," "assignee's sale," "receiver's sale," "loss of lease sale," "forced out of business sale," "removal sale." A "removal sale" is defined as 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 that location, and will then move to a new or another existing location. (b) A result of damage or alteration to the merchandise being offered for sale by disaster or other fortuitous occurrence, and advertised in the following phrases and in any other phrase or phrases of like or similar language which reasonably convey to the public that the sale is being conducted as a result of such occurrence: "Fire sale," "insurance salvage sale," "damaged goods sale," "smoke sale," "water damage sale." (Code 1960, As Amend., § 349.010; Ord. of 2-22-74, § 1)

Minneapolis Code of Ordinances § 293.20 Exception for actual disaster sales.

293.20. - Exception for actual disaster sales. This chapter shall not apply to a sale held by a regularly established retail or wholesale merchant at the merchant's regular place of business, under a permit issued by the licensing official, provided that such sale is held for a period not to exceed fifteen (15) successive days, excluding Sundays and holidays, during the period of ninety (90) days immediately following actual damage to said merchant's stock of goods by fire, water, smoke or other chance circumstance. If such damaged merchandise has not been sold within the fifteen-day period, an extension of such sale for a period of not to exceed an additional ten (10) successive days, excluding Sundays and holidays, may be authorized by an additional permit. The applicant for such permit must file with the application an inventory of the damaged merchandise to be offered at the sale, which inventory shall be verified by the insurance company covering the operation. The fee for such fifteen-day permits shall be as established in Appendix J, License Fee Schedule; the fee for each additional day allowed during which the sale is to be held shall be as established in Appendix J, License Fee Schedule. (Code 1960, As Amend., § 349.020; Ord. of 10-11-74, § 1; 77-Or-147, § 1, 7-15-77; 86-Or-041, § 1, 3-14-86; Pet. No. 251179, § 164, 12-29-89; 90-Or-014, § 1, 1-26-90; 91-Or-049, § 1, 3-29-91; 98-Or-046, § 1, 5-22-98; 2002-Or-023, § 1, 4-5-02; 2002-Or-119, § 1, 9-27-02; 2013-Or-185, § 1, 12-6-13)

Minneapolis Code of Ordinances § 293.30 Exception for regular sales of damaged goods consigned from insurance companies.

293.30. - Exception for regular sales of damaged goods consigned from insurance companies. This chapter shall not apply to any person who has and maintains a permanently established place of business solely confined to the sale of property damaged by fire, water, smoke or other chance circumstance, which property is taken on consignment directly from insurance companies who have taken such property as settlements of losses; and who does not advertise in the terms used in the definition of "sale" in section 293.10. (Code 1960, As Amend., § 349.030)

Minneapolis Code of Ordinances § 293.40 License required.

293.40. - License required. No person shall advertise or conduct any sale of the type defined in this chapter without being licensed hereunder. (Code 1960, As Amend., § 349.040)

Minneapolis Code of Ordinances § 293.50 Application for license.

293.50. - Application for license. Any person desiring to advertise and conduct any sale of the type defined in this chapter shall apply to the licensing official on forms prepared by the licensing official. The application shall be in writing and shall be in the name of the true owner of the merchandise to be sold. The application shall truthfully state: (a) The name and address of the applicant, together with the names and addresses of all individuals who are members of the partnership, association or firm making such application and of all officers of any corporation making such application. (b) The type of sale to be conducted and the reason for conducting such sale. (c) The address at which such sale will be held. (d) The nature of the occupancy of the premises where the sale is to be held, whether by lease or sublease, and the date of termination of such occupancy. (e) Whether or not the applicant has held any sale, as defined in this chapter, at the premises referred to in the application within one (1) year last past from the date of the application. (f) The date of acquisition by the applicant of the business with respect to which the sale is to be held. (g) The names and addresses of the individuals who will have charge of the sale. (h) An inventory which shall contain: (1) A legible, orderly, detailed, complete and accurate descriptive list of the merchandise to be offered for sale which inventory shall include only merchandise owned by the applicant which applicant expects to include in such sale located on the premises where the sale is to be held and in warehouses. Such inventory may include all goods which 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 purchase or additions made within ninety (90) days immediately prior to the filing of an application which increases the inventory beyond the average inventory for twelve (12) full and successive months next preceding the application shall be deemed an unusual purchase or addition and made in contemplation of having a sale as regulated by the terms of this chapter; provided, however, that in determining the average monthly inventory seasonable purchases and inventories shall be considered and adjusted. (2) Insofar as reasonably possible on the basis of available record data regularly kept by the applicant, the dates of acquisition of such merchandise, the names and addresses of the persons from whom obtained, and the manner of acquisition. The inventory shall contain the cost price of the merchandise to be sold, and the regular price at which the merchandise was sold prior to the making of the application for license. The application and the inventory shall be executed and verified in duplicate under oath by the individual making the application or by a member of the partnership making the application or by the general managing officer or agent of the association, joint enterprise, firm or corporation, making the application, and shall be filed in duplicate with the licensing official. (Code 1960, As Amend., § 349.050; 2013-Or-185, § 2, 12-6-13)

Minneapolis Code of Ordinances § 293.60 Limitations on grants of licenses.

293.60. - Limitations on grants of licenses. (a) Any person who has not been the owner of a business described in the application for license for a period of at least six (6) months prior to the date of application shall not be granted a license. (b) Any person who has held a sale as herein defined at the location designated in the application within one year last past from the date of such application shall not be granted a license. (c) When any person applying for a license operates more than one place of business the license issued shall apply to only the named 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. (Code 1960, As Amend., § 349.060)

Minneapolis Code of Ordinances § 293.70 License fee.

293.70. - License fee. Upon the filing of such application and inventory in duplicate and the payment to the city of a fee as established in the License Fee Schedule, the application shall be investigated by the licensing official; provided, where the City of Minneapolis has purchased or condemned the property at which the business is conducted, the applicant may obtain a special nonrenewable license effective for only thirty (30) days upon payment to the city of a fee as established in the License Fee Schedule. (Code 1960, As Amend., § 349.070; Ord. of 2-22-74, § 2; Ord. of 10-11-74, § 1; 77-Or-147, § 1, 7-15-77; 86-Or-041, § 1, 3-14-86; 90-Or-014, § 1, 1-26-90; 91-Or-041, § 1, 2-22-91; 91-Or-049, § 1, 3-29-91; 98-Or-046, § 1, 5-22-98; 2002-Or-023, § 1, 4-5-02; 2002-Or-119, § 2, 9-27-02; 2013-Or-185, § 3, 12-6-13; Ord. No. 2018-074, § 26, 12-7-18)

Minneapolis Code of Ordinances § 293.80 Term; renewals authorized.

293.80. - Term; renewals authorized. Licenses issued hereunder shall be for a period of not to exceed forty-five (45) days. Upon satisfactory proof that all of the merchandise listed in the inventory attached to the original application has not been disposed of and that no items of merchandise not listed in such inventory have been or are to be sold at such sale, the licensing official shall investigate the truthfulness of the application and the supporting data, and shall then grant or deny a renewal, and any such renewal shall require a fee as established in the License Fee Schedule. In the event a second renewal for fifteen (15) days is applied for under the terms and conditions hereinbefore stated for the first renewal, the fee for such renewal shall be as established in the License Fee Schedule, for each day of such sale to defray the cost of daily supervision by the licensing official during the period of the sale. (Code 1960, As Amend., § 349.080; Ord. of 2-22-74, § 3; Ord. of 10-11-74, § 1; 77-Or-147, § 1, 7-15-77; 86-Or-041, § 1, 3-14-86; 90-Or-014, § 1, 1-26-90; 91-Or-049, § 1, 3-29-91; 98-Or-046, § 1, 5-22-98; 2002-Or-023, § 1, 4-5-02; 2002-Or-119, § 3, 9-27-02; 2013-Or-185, § 4, 12-6-13; Ord. No. 2018-074, § 27, 12-7-18)

Minneapolis Code of Ordinances § 293.90 Proof required for renewal.

293.90. - Proof required for renewal. Proof as required above shall be furnished on a form prepared by the licensing official. It shall be accompanied by an inventory which shall contain a legible, orderly, detailed, complete and accurate descriptive list of the merchandise then on hand unsold. Such renewal application and accompanying inventory shall be executed and verified under oath by the individual making the application, or by a member of the partnership making the application, or by the general managing officer or agent of the association, joint enterprise, firm or corporation making the application. (Code 1960, As Amend., § 349.090; 2013-Or-185, § 5, 12-6-13)

Minneapolis Code of Ordinances § 293.100 Deadline for renewal applications; number of renewals.

293.100. - Deadline for renewal applications; number of renewals. All applications for renewals must be made not less than ten (10) days prior to the expiration of the existing license, and no more than two (2) renewals shall be granted for any such sale for the same location. (Code 1960, As Amend., § 349.100)

Minneapolis Code of Ordinances § 293.110 Conditions of license.

293.110. - Conditions of license. The licensee shall have the privilege of conducting a sale as defined in this chapter upon the following conditions: (a) Such sale shall be conducted on the premises specified in the application, during the period of the license and any renewals thereof, and no longer. (b) No merchandise not described in the inventory shall be added to or included with that specified in the inventory furnished with the application and offered for sale at the sale. Each sale of merchandise not included in the inventory shall constitute a separate violation of this condition. (c) The sale shall be advertised and conducted in the name of the licensee only and no reference to the reasons for the sale shall be advertised unless the reasons shall be in conformity with those stated in the application and shall be applicable to the licensee at the time of such advertisement. (d) The license to conduct such sale shall be conspicuously displayed during the duration of the sale near the entrance to the premises where the sale is being held. (e) A duplicate original of the application and inventory pursuant to which such license was granted, shall be available at the premises where the sale is being held to the licensing official, and the licensee shall permit examination of all merchandise on the premises for comparison with such inventory. (f) At the close of business each day there shall be noted on the inventory attached to such duplicate original application the items disposed of during such day. (g) Suitable books and records shall be kept by the licensee and shall be available at all times to the licensing official. (h) No advertisement shall contain any assertion, representation or statement of fact which shall be untrue, deceptive or misleading as to the ownership of such merchandise, the source from which it was obtained, the quantity, nature, condition or quality thereof, or the value or price thereof, or the savings or discounts offered with respect thereto, and, if any price comparisons or percentages of savings or discounts are quoted in any advertisement, such savings or discounts shall be computed upon the prices stated in the inventory with respect to the items referred to in such advertisement; provided, however, that no comparison in either general or specific terms shall be made in any such advertisement with respect to either the regular wholesale or regular retail prices of any merchandise unless the regular wholesale or regular retail price of such merchandise so referred to is stated in the inventory attached to such application. (i) The licensee shall forthwith at the conclusion of any such sale file with the licensing official a true inventory of all merchandise, if any, then remaining unsold. (Code 1960, As Amend., § 349.110; 2013-Or-185, § 6, 12-6-13)

Minneapolis Code of Ordinances § 293.120 Licensee to refrain from similar business for six months.

293.120. - Licensee to refrain from similar business for six months. No person who has conducted a sale under this chapter shall engage in the same type of business at a location within a distance of one-half mile measured from front entrance of previous place of business within a period of six (6) months after the termination date of the sale licensed under this chapter. (Code 1960, As Amend., § 349.120)

Minneapolis Code of Ordinances § 293.130 Legal sales excepted.

293.130. - Legal sales excepted. The provisions of this chapter shall not apply to the advertisement or conduct of sales by sheriffs, constables, marshals or other public or court officers in the performance of their official duties as such, or to trustees in bankruptcy, or any other person or persons acting under the direction or authority of any court, state or federal, selling merchandise in the course of their official duties. (Code 1960, As Amend., § 349.130)

Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT13LIBURE_CH293GOOUBUSAFetched: 11/2/2026