MCA Chapter 65

in effect

Miss. Code Ann. § 75-65-1 Definitions.

For the purposes of Sections 75-65-1 through 75-65-17, “closing-out sale” shall mean and include all sales advertised, represented or held forth under the designation of “going out of business,” “discontinuance of business,” “selling out,” “liquidation,” “lost our lease,” “must vacate,” “forced out,” “removal,” or any other designation of like meaning; and “person” shall mean and include individuals, partnerships, voluntary associations and corporations.

Miss. Code Ann. § 75-65-3 Permit required; application for permit; bond; duties of chancery clerks and clerks of municipalities.

No person shall advertise or offer for sale a stock of goods, wares or merchandise under the description of closing-out sale, or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, unless he first shall have obtained a permit to conduct such sale from the chancery clerk of the county in which such sale is to take place; or if such sale is to take place within a municipality, said person shall apply for and procure such permit from the city clerk of the municipality. The applicant for such permit shall make to such clerk an application therefor in writing and under oath at least fourteen (14) days prior to the opening date of sale, showing all the facts relating to the reasons and character of such sale, including the opening and terminating dates of the proposed sale, a complete inventory of the goods, wares, or merchandise actually on hand in the place where such sale is to be conducted, and all details necessary to locate exactly and identify fully the goods, wares or merchandise to be sold; providing, however, that an application for a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise may be obtained within three (3) days prior to the opening date of the sale. The terminating date of such proposed sale shall be no later than seventy-five (75) days immediately following the date of such permit application. If such clerk shall be satisfied from said application that the proposed sale is of the character which the applicant desires to advertise and conduct, he shall issue a permit upon the application therefor, together with a bond, payable to the city, village or town in the penal sum of one thousand dollars ($1,000.00), conditioned upon compliance with Sections 75-65-1 through 75-65-17, to the applicant authorizing him to advertise and conduct a sale of the particular kind mentioned in the application. Any merchant who shall have been conducting a business in the same location where the sale is to be held for a period of not less than one (1) year, prior to the date of holding such sale, shall be exempted from the filing of the bond herein provided. Every city, town or village clerk to whom application is made 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, and shall indicate whether the permit was granted or refused. Any person making a false statement in the application provided for in this section shall, upon conviction, be deemed guilty of perjury.

Miss. Code Ann. § 75-65-5 Additions to stock in contemplation of closing out sale.

No person in contemplation of a closing-out sale under a permit as provided for in Section 75-65-3 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 application for a permit to conduct such sale shall be presumptive evidence that such purchases and additions to stock were made in contemplation of such sale.

Miss. Code Ann. § 75-65-7 Adding merchandise to stock during sale.

No person carrying on or conducting a closing-out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, under a permit as provided in Section 75-65-3 shall, during the continuance of such sale, add any goods, wares or merchandise to the damaged stock inventoried in his original application for such permit, and no goods, wares or merchandise shall be sold as damaged merchandise at or during such sale, excepting the goods, wares or merchandise described and inventoried in such original application.

Miss. Code Ann. § 75-65-9 Extension of time for holding sale; resumption of business after sale’s conclusion.

No person shall conduct a closing-out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise beyond the termination date specified for such sale, except that one (1) extension of thirty (30) days may be authorized upon proper showing of need; nor shall any person, upon conclusion of such sale, continue that business which had been represented as closing out or going out of business under the same name, or under a different name, at the same location, or elsewhere in the same city, town or village where the inventory for such sale was filed; nor shall any person, upon conclusion of such sale, continue business contrary to the designation of such sale.

Miss. Code Ann. § 75-65-11 Violations of law; penalties.

Any person who shall advertise, hold, conduct or carry on any sale of goods, wares or merchandise under the description of closing-out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, contrary to the provisions of Sections 75-65-1 through 75-65-17, or who shall violate any of the provisions of said sections shall be deemed guilty of a misdemeanor.

Miss. Code Ann. § 75-65-13 Official sales excluded.

The provisions of Sections 75-65-1 through 75-65-17 shall not apply to sheriffs, constables or other public or court officers, or to any other person or persons acting under the permit, direction or authority of any court, state or federal, selling goods, wares or merchandise in the course of their official duties.

Miss. Code Ann. § 75-65-15 Chancery court may enjoin violations.

Upon complaint of any person, the applicable chancery court shall have jurisdiction in equity to restrain and enjoin any act forbidden or declared illegal by any provisions of Sections 75-65-1 through 75-65-17.

Miss. Code Ann. § 75-65-17 Waiver of provisions of law.

Provided, however, that the governing authorities of any county or municipality as the case may be are authorized herein to waive the entire provisions of Sections 75-65-1 through 75-65-17 in the case of any person upon a showing of facts to the satisfaction of said governing authorities that said person is for any cause actually and legitimately going out of business or conducting a sale of goods, wares or merchandise damaged by fire, smoke or otherwise. The governing authorities may likewise rescind any such waiver granted when in its opinion the applicant is no longer entitled to the privileges of the waiver previously granted.

Miss. Code Ann. § 75-65-101 Offering goods for sale by unsolicited sending prohibited; unconditional gift to recipient.

No person, firm, partnership, association or corporation, or agent or employee thereof, shall in any manner or by any means offer for sale goods, wares or merchandise where the offer includes the voluntary and unsolicited sending of goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such unsolicited goods, wares or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner he sees fit without any obligation on his part to the sender.