Close-Out Sales

Saint Paul Legislative Code tit. XXIX, ch. 325

in effect

Saint Paul Legislative Code § 325.01 License required; exemptions.

Sec. 325.01. - License required; exemptions. No person shall advertise, represent or hold out that any sale of goods, wares or merchandise is an insurance, bankrupt, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal or closing out sale or sale of goods, wares, or merchandise damaged by fire, smoke, water or otherwise in Saint Paul without a license to conduct such sale. This shall not apply to sheriffs, constables or other public or court officers, or to any other person or persons acting under the license, direction or authority of any court, state or federal, selling goods, wares or merchandise in the course of their official duties. (Code 1956, §§ 368.01, 368.09)

Saint Paul Legislative Code § 325.02 Fee.

Sec. 325.02. - Fee. The fee required for a license shall also be established by ordinance as specified in section 310.09(b) of the Saint Paul Legislative Code. (Code 1956, § 368.02; Ord. No. 16883, 2-11-82; C.F. No. 99-504, § 1, 7-7-99)

Saint Paul Legislative Code § 325.03 Application.

Sec. 325.03. - Application. Anyone desiring to obtain such a license shall make application therefor to the inspector, which application shall be in writing and under oath, showing all the facts in regard to the insurance, bankruptcy, mortgaging, insolvency, assignment, administration, receivership, trusteeship or removal by reason of which such sale is to be conducted; or in regard to the closing out of his stock of goods, wares or merchandise or any particular line or part thereof, with a statement as to the reason for such closing out; or in regard to the injury caused to such goods, wares or merchandise by fire, smoke, water or otherwise; and showing all the facts in regard to the sale which he proposes to conduct and the place and manner of conducting the same, including an inventory of the goods, wares and merchandise to be sold at such sale; and a statement, as far as possible, of the names of the persons from whom the goods, wares and merchandise so to be sold were obtained, the date of the delivery of such goods, wares and merchandise to the person applying for the license, and the place from which said goods, wares and merchandise were last taken, and all details necessary to fully identify the goods, wares and merchandise to be sold. Such application, in addition to other required information, shall also specify the proposed period of time over which such sale shall continue, which period shall not exceed three (3) months. Such application shall also specify whether the applicant proposes to advertise or conduct such sale as an insurance, bankruptcy, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal or closing out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water, or otherwise, and if the inspector shall be satisfied from said application that the proposed sale is a bona fide one, of the character which the applicant desires to conduct and advertise, said inspector shall approve the application. (Code 1956, § 368.02)

Saint Paul Legislative Code § 325.04 False statements; penalty.

Sec. 325.04. - False statements; penalty. (a) Any person making a false statement in the application provided for in this chapter shall be deemed guilty of a misdemeanor. (b) Any person who shall advertise, represent or hold out any sale of goods, wares or merchandise to be an insurance, bankrupt, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal or closing out sale, or a sale of goods, wares or merchandise damaged by fire, water, smoke or otherwise, without first having complied with the provisions of this chapter shall be deemed guilty of a misdemeanor. (Code 1956, § 368.08)

Saint Paul Legislative Code § 325.05 Limitations.

Sec. 325.05. - Limitations. (a) Removal. The license as provided for in this chapter shall be valid only for the sale of the goods, wares and merchandise inventoried and described in the application for such license, in the manner and at the time and place mentioned and set forth in such application, and any removal of such goods, wares and merchandise so inventoried and described in such application from the place of sale mentioned in such application shall cause such goods, wares and merchandise to lose their identity as an insurance, bankrupt, mortgaged, insolvent's, assignee's, executor's, administrator's, receiver's, or trustee's stock of goods, wares and merchandise, or stock of goods, wares and merchandise damaged by fire, smoke, or water or otherwise, and no license shall thereafter be issued for the conducting of a sale of any such goods, wares or merchandise so removed from the place set forth and described in such application, under the provisions of this chapter, at any other place or places. (b) Unusual purchases. No person in contemplation of conducting an insurance, bankrupt, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal or closing out sale, or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, under a license as provided for in this chapter shall order any goods, wares or merchandise for the purpose of selling and disposing of the same at such sale, and any unusual purchase and additions to the stock of such goods, wares or merchandise within sixty (60) days prior to the filing of the application for such license shall be presumptive evidence that such purchases and additions to stock were made in contemplation of such sale and for the purpose of selling the same at such sale. (c) Additional merchandise. No person carrying on or conducting an insurance, bankrupt, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal or closing out sale, or sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, under a license as provided for in this chapter shall, during the continuance of such sale, add any goods, wares or merchandise to the stock of goods, wares or merchandise described and inventoried in his original application for such license, and no goods, wares or merchandise shall be sold at or during such sale, excepting the goods, wares or merchandise described and inventoried in such original application, and each and every addition of goods, wares or merchandise to such stock of goods, wares or merchandise described and inventoried in said application and each sale of such goods, wares or merchandise as were not inventoried and described in said application shall constitute a separate offense under this chapter. (Code 1956, §§ 368.05—368.07)

Saint Paul Legislative Code § 325.06 Record of application.

Sec. 325.06. - Record of application. The inspector, to whom application is made as provided for in this chapter, shall endorse upon such application the date of its filing, and shall preserve the same as a record of his office; and shall make an abstract of the facts set forth in such application in a book kept for that purpose, properly indexed, containing the name of the person asking for such license, the nature of the proposed sale, the place where such sale is to be conducted, its duration, the inventory value of the goods, wares and merchandise to be sold, and a general statement as to where the same came from; and shall make in said book a notation as to the issuance or refusal of the license applied for, together with the date of the same; and shall endorse on said application the date the license as therein applied for is granted or refused; and such application and abstract shall be prima facie evidence of all statements therein contained. (Code 1956, § 368.03)

Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITXXIXLI_CH325CLTSAFetched: 11/1/2026