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1952-13~~ AN ®Rl7~tANCE AP9E~T~7Na OR17IldANCE 1d0. 3,~ .~ SHE VILLA( OF RICHL+~ELO PASSEf3 THE lath pAY- E~' -APRIL, 19t~8, ENTITLID aAN ORDI~3A@lGE T{l LIC>~1SE ANI? RELiUI,ATE DEALERS IAi tJS~3 1~€DR VEHiCLFS IA1 THE VILLAS ~ R36I~Il~L~, HE~INEP~i COIlBTTY, AZ[~TNESOT~Is The Pillage Council of the Village of Richfield do_ordain_as~follows: Ordinance No. 3.21 of the Village of Richfield, -passed. the. lath day of Aptdil., 19.8, entitleds aAn ~rdinanee to~ License and Regula.fiis 3~alers in Used Motor Vehicles iu the Village of Richfield, Henr-ep3,n Cow! £, ~.nneso taa, is hereby amended to read as follows: Section 1 . Ariy person, firm, .parixsership, or corporation, engaged 3n the business o~~ ng or se].ljrig for both, of second hand motor v®h~.cles is hereby defined as and declared to be a dealer in used motor vehicles. The foregoing definition and the provisions of Village. ordinaacses shall not ~ construed to authorize suohabaler to engage in the business of wrecking or dismantling such motor vehicles, but such wrecking and disman.t].~.ng thereof, the having and keeping for sale or selling of any used parts. of such. ~t©r vehicles, or the use of the premises sad place of business of such dealer in used motor ve- hicles for the wrecking, dismantling and storage -or sale of parts of such auto- mobiles is hereby prohibited unless such dealer in used motor vehicles has comply®d with the ordinances of this village relating to dunk yards. „ The foregoing definition and be sons txued tca permit such dealer t vehicles or the keeping of parts for on premises licensed for the sale of to keep only such motor vehiol®s as ; wrecking purposes. the provisions of Village ordinaoes shall not engage in the servicing or repairing of m®tor the servicing or repairing of motor vehicles used cosy but such dialer shall be authorized xe saleable for other .than dismantling or Sect3.on 2. No person, firms partnership or corporation shall engage in the business ova haler in used motor vehicles without -first having obtained a 13.cense from the Village Counc3.]. as here3nprovided. ' S®ct3.on 3. ®pplicai3on for license hereunder shall. be made in writing, sighed by the applicant who shall s fate fibs applicant's name, age, residence, whether a registered voter of the Village of lti.chfield; and, if a partriership, the names of all of the partners, verified by one of theme sad if a corporation, the names of all of the officers thereof, verified by an authorized officer. Such application s~1.3. state fide business sad residence addresses of the applicant for a per3.od of five years prior to the data thereof, and whether the applicant is the sole or~er of the business to be conducted, and the interest of any other persons than those named as partners or applicants, if any. Such application. shall b e accompanied lay the favorable recommendat3.ons of tiro c itizens of Rri.chfield, attesting to tie integrity and business ability of the applicant, or if a partnership, the same ree~endations as to each of the partners or if a corporation, the same recommendations as to the officers or managers thereof. This condition shall not be required upon application for renewal.. The lF3.l.lage Council may grant or deny any application for a license and the saw maybe revoked for failure to comply with this ordinance, (~~ ~ ~, F t1 Section . The annual license fee for such businessshall be in the sum of X25. per year. The annual license fee for the second and any subsequent "nt:mb®r of places',~of business, should there be any operated by one 7ie~see, .shall ~ the sum of 1.5.Q0 per-year. The license year under such license expires oa December 3l next follo~ring the issuance of the license.- " ~ Sect3.on 5. F~.ch applicatLon shall be accampaued by a bond in the sty of ~~t©t~~h, w ch sha13. rm1 to the ~3.].lage of 1~3.ehf~.eld, anal be for the benefit -of any person, firm or corporation who shall sustain any-3.n3ury.covered by the bond. Such bond shall be executed by the applicant as principal, and as su.rety~ by' a corporation which is licensed in this State to transact the business of fidelity and surer insurance. The bond shall be conditioned that the principal. will indemnify acry and all persons, f irms~ or corporations for any direct loss suffered by dishonesty on flee part of the principal .in the substitution of a motor vehicle. or parts thereof other than the. ones selected by ~® purchasers fail.. ore through dishonesty to deliver a clear title to those legally entitled there.. tb by reason of purchase from the pr3.neipal' for any. misappropr3.at3.on of moneys or property bel~sn~iag to a purchaser being made in payment of a motor vehicle .sold by the principal, for any loss chic tp an alteration of a motor vehicle oa the part of the pr3.acipals $'o~ ~as ., ~-' deceive the purchaser as ~ to $ie year model of nay motor vehicle solds or for the v3.olatioa of any of the prov3.sions of Section 6 or -Section 9 of this ordinance. any person, firm. or corporation rho sustains an in3urg covered by this bond may, is addition to any other remedy that he may haves 'bring an ac~3.oa 3n his o~ name upon the bond for the recovery of any damage sustained by him. Section 6. ~o licensee shall use any advertising, whether primed, bg radio, sp ay or of any Qther aai~re, which is not accurate iu all its material particulars or which misrepresents merchandise (including its use quality, or3.gin~ credit terms values, policies or services tp be prov3.dsd3; and no licensee sha11 use advertising o r selling methods which tend, to a cruelly deceive or mislead the public. Sect3.on . L+'ver~r' licensee hereunder shall entirely close his used car lot or p ce or places of sale licensed hereunder, and condact no transacl3ons relat~.ng to used motor vehicles on or near said premises oA any Sunday' legal holiday, ~ or on a~ other day after 9:~ p.m., or before 8s~ a.m. " Section 8. Licenses issued hereunder shall authorise the licensee to carry on su"~iness only at the place or daces licensed. . S®etion . Ever~r dealer or employee or agent of such dealer shall at the time of say sale or sales give and furnish to ~e purchaser of a used-motor vehicle a plainly writt~ s tatement signed by him showing all of the terms and conditions of such sale, the date thereof, the purchase price sad whether om terms or in cash (3.f termsD the exact terms shall be stated) the factory year model, and a serial number of each used vehicle. The failure of the dealer to deliver to the purchaser of the used motor vehicle -the registration card issued therefor by the Secretary of State, pursuant to laws of the State of Piinnesota, within 30 days after the date of the written statement hereinabove required, shall be cause for immediate revokation of the dealers license and for refusal to renew any such livens®. . S®~a 10. Whenever say such deal®r, his agent, serv~.t or employ®e~ shall sign or gimme to any person who sells to such d®aler is us®d motor vehicles' a promissox~r note or notes, in full or part payment for such vehicle, with ~~ intent tc> defraud the seller thereof, the licer3se of such dealer shall be revoked. The failure of such d Baler to pay any such promissory note or notes when dge shall be prima facie evi.denee of intent to defraud such seller. Section 11. ~o agent or emplcy~®® or a~ ]3censee tinder this ord~aa~ce shall. do or pes .orm any act which the ~i.censee is prohibited from do3.ng here.. under, nor fail t~ perform any a ct reQuirsd bg a Z3.o®nsee hereunder insofar as the sets of such a gent or employee relate to the con8nct of the business of the lieense®, nor shall any licensee suffer or perm3.t such agent or employee to vio- late the terms of this ordinance. Section 12. Ido motor vebi.cles that are being purchased or sold by a licen- see hereunder, or '-3.s agents or employees shall be parked on. the street or alley ad3acent to the licensed pr®m3.ses, but aTl such vehicles sha1T be located in an order];y arrangement on the licensed premises, at all times leaving di-iveways of sufficient width Between eebieles eo that any veh3.cle can be driven or removed from the premises without the necessi~ of removing or moving any other vehicle located thereon. Section l3. The grounds of all licensed premises shall be kept is. a clean and seat cone ~ on at all tunes, free of refuse, parts of vehicles, Papers, weeds, etc. No licensee, his agents or e~aployees shall engage in, or permit fine unneces- sary blowing of horns, flashing of veh3.cle lights or rac3.ng of motors to the dis- turbanee of persons oceu~-ing neighboring property. Section ],~.. No 13cense issued hereunder shall be cons traed to permit the sale of motorcye es or tracks over 1~ tans, or trailers or house trailers, on th® lic~esed premises without special permission therefor, obtained fro~a the Pillage Council at the :time of 3.ssuanoe of the License. Seat3:on 1 . ~ pers~, firm, partnership, or eor~rat3.on who shall violate any o provisions of this ordinance shall be guilty of a mi.sde- ~anor and ahall~ upon conviction therefor, be punished by a fine not exceeding C€~.t~0 or by imprisonment not exceeding 90 days. ~s passed by the village council of the Village of Richfield this 7th day of a~uy, 3952. ~~s ro fto . /~ee~ ~. red ~..Re11e --~ ~~ ,~ ~ 1 ~:..~. 4 a!~'/rD CAR [.o1`S ~~~ i~rin~l'er's A'f~CC~rpt ~ (aliceatiorn. ((n a+r~oese with tie ~taatart~ o'~ 1~3~), ~ffie/aKit ®f dub/ieati~n ... ~'he ~icfifie/d-~/o~n~rn~ton ~lessen~e~ to the conduct of the business o#II the.licensee, nar shall zany licensee ~~ suffer or permtit such: agent or, em= !, ployee to violate the terms of this ~~ ordinance. ~~ SECTION 12. No motor vehicles I' that are being purchased or solfl ~I by a licensee hereunder, or his agents or employees shall be park- ~~ ed on the street or alley adjacent ~, to the licensed premises, but all such vehicles shall be located in an omderly arrangement on the ln- ~, ~ censed premises, at all times lean- ' ing driveways of sufficient wndth ~ between vehicles so that any vim- j hide can 'b'e driven or removed from the premises wifhout the nec- essity of removing or moving any ' ~ other vehicle located thereon. STATE OAF A!<INNESOTA ssti COUNTY OF HIENNEPIN ~ SE'CTION 13. Th'e' grounds of all licensed pre~mis~es shall be kept in a clean and neat condition at all ~ , times, free of refuse, parts of ve- ;' ' hides, papers, weeds, etc. Na li- censee, 'his agents or employees ~I shall engage in, or permgt~ the urn necessary blowing of 'horns, flash- i 'ing of vehicle lights or raciivg of motors to the disturbance of per- sons occupying neighboring prop- s erty. ~ y SUCTION 14. No license issued' hereunder shall be construed'. to j permit the sale of motorcydies or '. trucks aver 1% ,tons, or trailers or house trailers on the licensed p7em- ises without special permission therefor,. abtained,' from the Village ', C'oun~cil at the time of issuance of the license. •~>-w,, ; ~ i -i. SEC:B,'ION 15, Any person, firm, partnership, or_ corporation w'ho shall violate anq of 'the Provisions of this ordinance shall Abe. guilty ~' pf a misdemeanor and shall, upon conviction therefor, he punished .g by a fine not exceeding. $166.00 or ,~ by imprisonment not' exceeding ninety days. ~ i As passed 'by 'the Village Coun- '' cil of th•e Village of Richfield, this i 7th day mf, July. 19!2. ', h ATTEST: ~~~` ' \ Leroy Trafton i J Clerrk ~I ', • 1•red Re11er "" Mayon Richard Hi~g3aa •, being duly sworn on oath says: that he now is, and during .all the times herein stated has been the publisher....and printer....o# the newspaper known .as The :Richdeld'-(Bloomington Messenger and has full knowl- ed'•ge of the facts herein stated. That for more than one year immediately prior to the ptitibli~cation therein of the printed ~111~1~~A~ ................ 'hereto attached, said newspaper was printed and published in time English language $rom its known office of publication within the Village of R•ichiield in the County of Hennepin, State df ,Minnesota, `' on• Thursday o'f each week in column rand sheet form equivalent in space to over 486 running inches o'f single colutimn two inches wide; has. been issued from a known osffice established in said place of pu~bIica- tion equipped with skilled nuorkmen and the necessary material for ~pt~eparing and printing the siame; has had in its makeup not less than twenty-five .per cent o!f its news columns devoted 'to local news o£ interest to said community it purports to serve, 'the press work oaf which has been done in its said known office of pubblication; has con- "tamed general news cotmsnents and miscellany; has not duplicated any other pulblication; htas not beers entirely made up of patents, plate matter and advertisements; has been circuNated at and near its said place of gu~blication to the extent of over 240 copies regularly de- livered to paying swbscribers; has lbeen entered as second class snail matter in 'the localpost oflfice ~ its said place of Publication; that ~th~ere h'as been on 'file in the o>flfce of the Couinty Auditor of said county, the afifidavit of a person having first hand knowledge of the facts constituting its qualification as a newspaper for publication of legal notices; and that its pulblishers have complied with all demands of said County Auditor for proofs of the said qualification. That the printed .... • A~~~~nfi'• • • ................ ...hereto attached as ra part hereof was cut from the calurnns of said news- pa~per; was published therein in the English language once each week for..... PAS....... successive weeks; that it was first published on the... .~'~....... .day af. 'T~~ ..........19~~., and that the followittg is a copy of the loaner case alpb>abet which is acknowledged to have. been the size and kind of type used in the pu7~lication of said......~mAl~Y11P,1't :t ................... . a~bcddfghijkkmnapgrstuvwxyx-S paint SuQ>scr~ed and sworn to bofore me this..~~.d'a~ o#.. ..... _ 19~P-~ ,~'~/f ~J I ~~~~ ~. Notary P'tdblic, Hennapia . C',ounty, 1~iz~.nesota: 11#y Com~iii~BzlWeasNo~ta~y 1'u5lic,.,Nepraspia.Ca Minll,~ fNy Commission Expi~es:lan.,25, 1959, ~~ '~ _~ l i ~~` V~~ ~. ,~-~ iE"~ri~l't~@'eT's ~-fEOdavit ~f ~abl~ita~t off%Q~A'i~%f 0f ~ll/~/!C~ AiME1V~M'ENT T'O OiR~~WA~V~GE 3.24 dinanees of thus village relating to junk yards. The foregoing definition and the provisions of Village ordinances shall not be construed to permit such dealer to engage in the serv- icing or repairing of motor ve- hicles or the keeping of parts for the servicing or repairing of motor vehicles on premises licensed, for the sale of used cars, but such dealer shall be authorized to keep only such motor vehicles as are saleable for other than dismantling or wrecking purposes. . tually deceive or SECTION 7. Every licensee here- order -shall entirely • close his used -ar lot or place or ,places of sale licensed hereunder, and conduct na transactions relating to used mo- tor vehicles on or near said grem- ises on any Sunday, legal hoinday or on any other day after 9:00 p.m. or ,before 8:00 a.m. SECTION 8. Licenses issued hereunder shall authorize ~Yhe li- censee ~to carry on such business only at the place or places licensed. SECTION 9. Every dealer or employes or .agent of such dealer shall. at the time of any sale°or sales give and furn~is'h to the pur- chaser of a used motor vehicle a plainly written statement signed by 'him showing all of the terms and conditions of such•,sale, the date thereof the purchase pride and whether on terms or Iin cash, (if terms, the exact terms shall be stated), the factory year model, and the serial number of each used vehicle. T'he failure of the dealer to deliver to the purchaser of th,e used motor vehicle the registration card issued therefor by the Secre-, tart' of State, pursuant to the laws of the State of Minnesota,, within, 30 days after the date of the writ-' ten statement hereinabove required, shall be cause for immediate revo- ;katian of the. dealers license and for refusal to renew such license. SECTION 2, 'No parson, firm, partnership or corporation shall en- gage in the business of a dealer in used motor vehicles without first having obtained a licence (roan the Village Council as herein provided. SECTION 3. Application for li- cense hereunder shall . be made ua} writing signed by the applicant who shall state the applicant's name, age, residence, whether a registered voter of the Village of Richfield; and, if a partnership, the names of all of the partners, veried by one of them; and of a corporation, the names of all of the officers thereof, verified by an authorized 8fficer. Such appldea- tion shall state the bus7ness and residence addresses of the appli> cant far a period of five years prior to the date therea€, and whether the applicant is the sole owner of the business to be conducted, and the interest of any other persons than those named as partners orap- plicants, if any. Such application shall •be accompane'd by the favor- able recammen.dations of two citi- zens of Richfield, attesting to the integrity and business ability of the applicant, or if a partnership, the same recommendations as to each of the partners; or if a cor- poration, the same recommendations as to the officers or managers there- of . Thts condition shall not bye re- quired upon application for renewal. The VillageCouncil may grant or deny any application fora li- cense and the .same may be re- voked for failure to comply with this ordinance. SECTION 10. R~7•henevet any such dealer, his agent, servant or employee, shall sign or give to any person who sells to such dealer in used motor vehicles, a promissory note or notes, in full or part ,pay- ment for such. vehicle, with intent to defraud the seller ,thereof, the license of such dealer shall Abe re- voked. The failure of such dealer to pay any such promissory note ar notes when due shall be prima facie evidence of intent to defraud such seller. '~~3 SECTION il. No agent yr em- ployee or any licensee under thus ordinance shall do or perform any act which the bicensee is ,prohibited 7~'~/' from doing 'hereunder, nor fail to perform any act required by a li- censee hereunder insofar as the acts of ,such- ,agent- ar employee=-relate to the cottduct of the business of the licensee, nor shall any licensee suffer or permit suc'l~ agent or , em- ployee to violate the terms of this ~ • •. being duly ordinance. ~e times herein the newsparper SECTION 12. No motor vehicles ias full knowl- that are being purchased or sold by a licensee hereunder, or his agents or employees shall be park- the pu'bli~cation ed on the street or alley adjacent to the licensed premises, but all .such vehicles shall be located in .............. an orderly arrangement an the li- bushed in the censed premises, at all times leav- 'on within the ing driveways of sufficient width df Minnesota, between vehicles so that any vim- ~ equivalent in •hicle can b'e driven or removed aches wide; has. from the premises without the nee- ace of ptHbli~ca- essity of removing or moving any y material for other vehicle located thereon. snot less than SECTION 13. Th'e grounds of all (local news off licensed premises shall be kept inions hasrcon- a clean and neat condition at all not duplicated times, free of refuse, parts of ve- hicles, ,papers, weeds, etc. No li- xp of patents, censee, 'his agents or employees t and near its s regularly de- shall engage in, or permit, the un~ end class sanail necessary 1~lowing of horns, flash- iblicatioa; that ing of vehicle lights or racing of 'uditor of saitT motors to the disturbance of per- ~wledge of the sons occupying neighboring prop- publication of arty: hall demands SECTION 14• No license issued ation. hereunder shall be construed. to permit the sale of motorcyt'les or trucks over 1 % .tons, or trailers or • • ... • • • hereto ' house trailers on .the licensed p7em= of said nevss- ises without special permission ~e once each therefor, abtaine~; from the Village Council at the time of issuance of the license. ~ •~°~.. ; . _ ~ first published SECTION iS. Any person, firm, partnership, or. corporation who , and that the shall violate, any , of, the provisions `o,cknowledged of this ordinance shall she guilty pu~slieation of pf a misdemeanor and shall, upon conviction therefor, he punished,' by a fine not exceeding. $iDU.00 or by imprisonment not' exceeding'. ninety days. As passed 'by`'the Village C'oun- cil of th•e Village of Richfield, this ' tli day .of July; 195~L. - - , ATTEST Leroy Trafton Clerk M~~% T Fred Keller ~~• ~%~~;!~ _ _ • Mayve' y, Miaaiesota: My •Comrxii~iQssWe~ata~. Rc~SGc,•,Neaaspia.Ca I~inn,h My Commisslan Expires, lan:.25s 1959w SECTION ~. The annual, li- cense fee for such business shall annual license fee for the' second and subsequent number of places of bus- iness, showld there be any, ap~erate~d by one licensee shall be in the swm of $15.00 .per year. The license year under such license expires on December 31 next following the. issuance of the license. SECTION 6• leach application shall be accompanied by a bond in 'the sum of $5,000.00, v~hich shall run to the Village of Richfield and be for the benefit of any person, firm or corporation who shall sus- tain any .injury covered by the bond. Such bond shall be executed by the applicant as principal, and ,is surety, by a corporation which `s licensed is this State to trans- j~~ct the business of fidelity and l urety insurance. The bond' shall :e conditioned that the principal • ill indemnify any and all persons, terns; or corporations for any di- rit loss suffered by dishonesty on part of. the principal in the +stitutian •of a motor vehicle or its t'hereo£ other than the ones ,.cted by the- purchaser, failure tough dishonesty to deliver a +ar title to those legally entitled -veto by reason of purchase from :principal, for any misapprapri- ~n of moneys or property be- ging to a .purchaser being made payment of a motor. vehicle sold ~y the principal, for any loss due to an alteration of a motor vehicle on the part of the principal so as to deceive the .purchaser as to the year :model of any motor 'vehicle sold, or for the violation of any of the provisions of Section '6 or Section 9 of fhis ordinance. Ahy person, firm or corporation who sus- tains an injury covered' by this bond may, yin addition to any other remedy that he may have; bring an, action in 'his own name upon the bond for the recovery of any dam- age sustained, by him. SECTION 6. No licenseee shall use any advertising, whether,prnt- ed, by radio, display, or of any other nature, which is not accurate in ail its material particulars or which misrepresents merchandise (including its use, quality, origin, credit terms, values, policies or services to be provided'); and no licensee shall use advertising or ..selling method's which tend to ac- An ordinance amending Ordinancy No. 3.24 of the Village of Richfiel s passed the i~th day of April, 199 a entitled:"`An Ordinance to Licerp- and Regulate Dealers in Used Sl zt- for Vehicles 'ia the Village of It lg• ' field, Hennepin County, IVlirmes~ex- The Village 'C'OllI1Ci1 of the `der loge of Richfield do ordain as ssis ' ,lows : ;iHe Ordinance No. 3.2'4 of the Villese of Richfield, passed., the 12th of April, 1'948, entitled.: "An Or ro- ance to Isicense and Regulate D Ue ers in TJsed Motor Vehicles in ins- Village of Richfield. Henn('ew ' County, 1U!linnesata" is heretA, .amended ~tv reaxl as follows: SECTION 1. Any ,person, firm ,partners'hip, ar 'corporation, en- gaged in the bus7ness of buying or selling (or both) of second=hand ;motor vehicles is hereby defined '•as and declared to be a dealer in i used mOtOr 4e11ic1eS. The foregoing definafiian and the 'provisions of Village ordinances shall not be construed to authorize such dealer to engage in the busi- rasa of wrecking or dismantling such motor vehicles, but such wrecking and dismantling thereof, 'the having and .keeping for s'~le or selling of any used parts of such motor vehicles,. or the' use of bhe premises and place of 'business . of: 'such dealer in used motor vehicles for the wrecking, dismantling and storage or sale of parts of stizeh automobiles is hereby prohibited 'unless such dealer in used motor ';vehicles has complied with the or-