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1962-01GRDINANCE No. 11.10 ~?11 ~,'oK 1962-1 AN ORDINAI~TCE REI:ATING TO BUSINESS ACTIVITIES ON SUNDAYS, PRCHIBITI~G CERTAIN OF SIGH ACTIVITIES= AND PROVIDING PENALTIES FOR TIIOLATIO~~S. The Village Council of the Village of Richfield ordains: Section 1. Purpose. It is determined to be in the interest of the public health, order, convenience and general welfare to observe certain days; herein- after specified, as days of rest and recreation, free from unrestricted cammer-- cial activity, and it is the purpose of this ardinance to aid in the preservation of such days for such purposes. Section 2. Definitions. Subd. 1. For the purpose of this ordinance, the terms d~eci-in this section shall have the meanings given them. Subd. 2. "Person" Weans any individual, partnership, corporation association, or other group, hoiaever organized, and includes agents and employees. Subd. 3. "Restricted item'~~reans any of the following: Clothing and wearing apparel; clothing accessories; footwear; furniture; furs; housewares; household or business or office furnishings and _~.~~._i~recs; 'r_ardware; tools; parts; and varnishes;building materials and supplies; jewelry; cameras; silverware; watches; clocks; luggage; musical instruments; musical recordings; radio receivers; television receivers; phonographs and record and tape players; lawn-mowers; boats; outboard motors; automobile parts; automobile accessories; toys other than novelties and souveniers; lumber; floor covering;farm implements and machirery; groceries, dairy products (other than ice cream, ice milk, and ices)j meats and foods, not prepared and served on the premises or served elsewhere by food caterers. Subd. l~.. '~Sell~~ includes making a sale, assisting in selling, extending credit for a sale, and attempting to sell. Subd. 5. "Sunday" means the first day of the calendar week. Section 3. Sales Restricted. No person shall sell a restricted item on Sunday.. Section ~.. Permitting Sales Prohibited. No person who is in charge of a business establishment, or a part thereof, whether as the o~mer, corporate director, corporate officer, manager, supervisor, or otherwise, shall permit another person to sell a restricted item in such establishment or part thereof, on Sunday. Section 5. Sales Not Restricted. The prohibitions contained in Sections 3 and !~ shall not apply to the following: (1) An isolated sale from a residence by a person not regularly engaged in selling the kind of merchandise sold. (2} The sale of groceries, dairy products, meats and other foods in any business establishment at which not more than four persons are regularly engaged in the conduct of the business. Ordinance Teo. 11.10 (Cont.) - 2 - {3) The sale of automobile parts or accessories at gasoline service stations where such items are customarily available, or the sale of such items in any isolated sale constituting an emergency. {~.) The sale by any person of the products of a farm or garden occupied and cultivated by him. (5) The sale at any public auditarium, stadium, bathing beach, amusement park or sports arena of merchandise which is essential to, customarily sold at, or incidental to the operation of such place (6) The dispensing of any coupon, starr~p or merchandise premium in conjunc- tion and simultaneously with the sale of any merchandise the sale of zahich is not prohibited on Sunday` (7) The advertisement for sale of any merchandise by any newspaper or other established advertising medium. _~ Section 6. Separate Offenses. Each. sale of a restricted item in violation of this ordinance is a separate offense. Section 7. Interpretation. Subd.. 1. This ordinance is not to be construed as permitting any act which is otherwise prohibited by law. Subd. 2. If any provision in this ordinance is found to be void, the remaining provisions shall remain valid unless such provisions, standing alone, are incomplete and are incapable of being executed. Section 8. Penalty. Any person violating this ordinance shall, upon con- viction thereof, be punished by a fine not exceeding `100 or by imprisonment for not more than ninety days. Passed by the Village Council of the Village of Richfield this 13th day of February, 19b2. ATTEST: I ~, ~ ~ r; ~i -r / ~~ Edward J. oline, Clerk .:, St ey W. Olson, T~Tayor ~%f ~~ 2G r .--R. Van evelen, Manager 1 LF,G I. NOTICE Bill No. I'J6~-SUNDAY C~OSING ORDYNANCE No. 11'. 0 AN ORDIiV.litiCE I2ELeL'F ~ '1"O BC?SINE55 At~'rI'L"Y7`YE5 _ SL'laiIDAYS, i'itOHII4I'1'INGCA~PS.. !rAYN OF 51:7Cid ACTIVITY ANY) PIiOd'IUYNfd Y'FINALTIE5 FOld t'IOY.A'I'iONS. T'he Villiage Council. of the Vil- lage of Richfield ordains;: Scetion 1. :1'nxtwi.e. It is deter- mined to be in the interest of the public. health, order, convenience and general welfare to observe certain days; hereinafter specified, as days of rest and recreation, free from unrestricted commercial ac- tivity, and it is the purpose of this ordinance to airl in the preservation of such days for such pua•poses. Scetion -. Detinittons. Sniul. 1. P or the purpose of this ordinance, the terms defined in this section shall have the meanings givell_'hem, 5YA 11Q7. .,. "I'RI•F(nI" mf.ail:i B.I. y, individual, ~~ partnership, corpora- Cion, association, or other ~•ronp, however organized, and includes ~g'enis a.nd emplo,y'ees, Subd. 3. "Restricted item" means any. of t:he following': Cloth- 'ng. and wearing apparel; clothing accessories: 8ootc.~ear; furniture; furs; housewares; household or business o~r office furnishings and appliances: hardware; tools; pailtts and varnishes; building materia.ia and supplies; jewelry; cameras: sil- verware; n~~atche:^; clocks; lu,<:'ga,;''a{ musical instruments; musical rc- cordin;;s; radio receivers; television receivers: phonographs and record and tape players; lawn-mowers; boats; outboard motors; at}tomoi~ilc parts; automobile accessorlcs: toys other. than novelties and s. enier.a; lumber; floor covering; Pa~ imple- ments and machinery; oceries: dairyproducts (other than ice Dream, ice milk, and ides); meats and foods, not prepared; $nd serve~•9 nn the premises or•,:~erced el:'+e- where by food catergl'$. Sndld. 4. "Sole" includes mal•:'in,g :~ sale, assisting in selling, c~tend- ing' credit for a sale,. and attelnlr- ting to sell. 5uRod. ... "Sunday" meB.ns the first dray of the calendar week. Section ;t. Sales Restricted. 'No person shall sell a restricted item on Sunday. Section 4. ~ Permittinir Sales Pro- hibited. No person who is in charge of a business establishment, or a Part thereof, whether as the owner, corporate director, corporate office, manager, supervisor, or otherwise, shall permit another person to sell a restricted item iii such estab- lishment or part thereof, on ~aun- d-ay. Scetion 5nlea .Not Restricted. The prohibitions contained in Sec- tions 3 and 4 shall not apply. to the following: (1) An isolated sale fi•orn a. resi- dence by a person not regularly en- g~ag~ed in selling; the kind of mer- chandise sold. - (2) The sale oi' K'I'oceries, dairy. products, m.ea.ts and other foods in . any business establishment at i which not more than four persons are reguluarly enga;5ed in the con- duct of the business. (~) The sale of automobile parts j or accessoa•ies at gasoline service stxt~tons where such items are cus- tomaril,y available, or the sale of such items in any isolated sale con:8tituting an emerg•ency;. (.4'T Tho sale by any person of the;p~luc.ts of a. farm or garden occupT fi. and cultivated by him.: (5)•'~he sale at a,ny public audi- torjt~{n, stadium, bathing beaeh,..a- musement Park " or sports arena of merchandise ttshich is essential. t.a, customarily si>:11~~at, nor iric~dental to the opera.tio~~tt.:6f such place. (6) The dispensing' of any- cou- pon, stamp or merchandise premium in conjunction and siinultaneousl,y' with the .sale ~of. any rnerohandise' the sale of which is not prohibiCed on Sunday. (7) The advertisement fua• stt.le of any merchandise by any newspaper or other estalJlished advertisin„ taie'dium. Section li, Sehnrnte'Offenses. Each sal"e of a restricted item ih viola- tion~of this ordinance is a''separate offense. Section 7. Ynterhretation 5{tlxa},;,1• This ordinance is oat to be bbnstrtr- nd as ipermitting any. acE which is .otherwise. pr•.ohibited by law. S~ib~l.l. If an•v provision in this ordina.nca it s,,,n~i t., r,o .r~~.~ Affidavit of Publication STATE OF MINNESOTA COUNTY OF HENNEPIN, ss Robert A. Broad, L. R. Farrington, Guy T. Farrington, being duly sworn, on oath says; that he is, and during all the times herein stated has been, one of the publishers of the newspaper known as The Richfield News, and has full knowledge of the facts hereinafter stated; that for more than one year prior to the publication therein of the S~nda~-.Closing ordinance-Bill ~lyo2--1: hereto attached, said newspaper was published in the Village of Rich- field, in the County of Hennepin, State of Minnesota, on Thursday of each week; that during all said time said newspaper has been printed in the English language from its office of publication within the Vil- lage of Richfield, Hennepin County, Minnesota, from which it is issued as above stated and in newspaper format and in column and sheet form equivalent in space to at least 450 running inches of single col- umn, two inches wide; has been issued as aforesaid once each week from a known office established in said place of publication and em- ploying skilled workmen and the necessary material for preparing and printing the same; that the press work on that part of the news- paper devoted to local news of interest to the community it purports to serve has 'been done in its known office of publication; that during all said time in its makeup not less than twenty-five percent of its news columns leave been devoted to local news of interest to the com- munity it purports to serve; that during all said time it has not wholly duplicated any other publication, and has not been entirely made up of patents, plate matter and advertisements; has been cir- culated in and near its said place of publication to the extent of at least two hundred and forty (240) copies regularly delivered to pay- ing subscribers and has entry as second class matter in its local post- office; that a cagy of each issue has been filed with the State Histori- cal Society, St. Paul; and that there has been on file in the offices Hof the County Auditor of Hennepin County, Minnesota, the affidavit of a 'per- son having knowledge of the facts, showing the name and location of said newspaper and the existence of the conditions constituting its qualifications as a legal newspaper. That the .--Sunday- C1rJSing Urdinanee -Bill 19b2-2 hereto attached was cut from the columns of said newspaper, aad was printed and published therein in the English language, once each week, for .-__ one.......... successive weeks; that it was first so published 2~Yld - --•-•-- day of ---...._r.Cb'...._--••-• - ---.. 1962; on Thursday, the .--•-------••------•--•-------- • - -- and thereafter on Thursday of each week to and including the -•--------------•--••---••----------.......---.. day of ...---•----•---••---••-----..........-•----.._.. 1962; and that the following is a printed copy of the lower case alphabet from .A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to-wit: abcdefghij klmnopgrstuvwxyz abcdefghY~lmn pgrstuvwxyz ~ J /~,~+J// fy - -. . Subscribed and sworn to 'before me the ---~3 ~'~.... day of --- Fe ~.~..-.',1982. / s7..LG --° ter' n,.~r.~'~•' /~~L "Z...:._-~'..~', y ~... Notary Public, , ennepin County, Minn. My Commission expires - -- ----~--- --~---~. .. --••--- -•--°--• _--- ---~~~•. 19....-...._