HomeMy WebLinkAbout1967-05 03-30 AP CITY OF BROOKLYN CENTER
AN ORDINANCE RELATING TO THE SALE
OF MOTOR VEHICLES, ESTABLISHING
REGULATIONS, PROVIDING FOR LI-
CENSING AND PROVIDING FOR PENALTIES
THE BROOKLYN CENTER POST
THE CITY COUNCIL OF THE CITY OF
BROOKLYN CENTER DOES ORDAIN AS (A continuation of the Brooklyn Center Press)
- LOWS:
ction City 1, Chapter 23 of the Ordinances AFFIDAVIT OF PUBLICATION
ie City of Brooklyn Center is hereby
amended by the addition thereto of the
following:
Section 23 -1201, DEFIN[TIONS: As used
in the ordinance, the following terms shall
mean: STATE OF MINNESOTA
(a) CAR: Any new or used automobile SS.
or trucK. COUNTY OF HENNEPIN
(b) DEALER IN MOTOR VEHICLES: Any
person firm or corporation 1 together with
any subsidiary or branch thereof engaged
in the business of buying selling, displaying
or offering for sale new or used motor E. C. L'Herault, being duly sworn, on oath says he is and) during all the times herein stated has been
vehicles as a principal business or occupa- the President of The Post Publishing Co., publisher and printer of the newspaper known as
tion. The dealer in motor vehicles will also THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press)
be referred to herein as "dealer" or I'll- and has full knowledge of the facts herein stated as follows:
censee." (1) Said newspaper is printed in the English language in newispaper format and in column and
(c) MOTOR VEHICLE: For the purpose sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly
of (his ordinance motor vehicles shall be and is distributed at least once each week. (3) Said newspaper has 50clo of its news coumns devoted to
of the two following classes: fl) Class A news of loch] interest to the community which it purports to serve and does not wholly duplicate
will apply to cars: (2) Class B will apply any other publication and is not made up entirely of patents, plate matter and; advertisements. (4)
to and mean motor cycles and any other Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500
type of land vehicle propelled by a motor copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation
o er than cars. currently paid or no more than three months in arrears an(t has entry as second -class matter in its local
(d "EXECUTIVE " "OFFICIAL," post - office. (5) Said newspaper purports to serve the
"HOUSE CAR" or "DEMONSTRATOR": ' Village of Brooklyn Center
These terms shall apply only to any motor in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab•
vehicles which have actually been used by lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of
either a bona fide official or representa- subscriptions and maintained by the managing officer of said newspaper or persons in its employ and; subject
tive of the manufacturer or by the dealer to his direction and control during all such regular hours and at which time said, newspaper is printed.
making the sale offer and which have never' (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said
been sold to a member of the Public. newspaper has complied with all the foregoing conditions for at least two years preceding the day or
(e) SALE: The term "sale" is defined dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
and is deemed to have taken place only Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed
when the dealer and the customer have by the Secretary of State and signed by the managing officer of said newspaper and sworn to before
agreed, in writing, on at least all of the a notary public stating that the newspaper is a legal newspaper.
following elements:
1. The make, model, type and year of
the manufacture of motor vehicle intended He further states on oath that the printed ................. :................. ..............
,- .....o...«.... ._
to be sold to and purchased by the customer. -
including the agreed date of delivery to
r_ustomer. ..................................................................... ...............................
2. The net purchase price to be paid
therefor by the customer f.o.b. Brooklyn
C ' including any amount allowed for a hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and
Amount of down payment, if any, published therein in the English language, once each week, for..'. ... successive weeks; that it was
The cost of additional repairing, serv-
icing or parts if any .
Se ction 2Y -1202, LICENSE REQUIRED. first so published on ....... ............................... the......... day of......................
No person shall be engaged in the business
of buying, selling, displaying or offering
for sale new or used motor vehicles at any 19.:.. and was thereafter printed and published on every ..........................to and including
place of business without first obtaining an
appropriate license as required under this 19.... and that the following ordinance, the.......... day of ..................... g is a printed copy of the
Section 23- 1203, SEPARATE LICENSES: -
Each licensee shall have an established place lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
of business, and each license shall author-
ize business at only the designated premises.
If a licensee has more than one place of kind of type used in the composition and publication of said notice, to wit:
business, a separate license isre_a_uired
for each.
Section 23 -1204. CONDITIONS IN. OF abcdefghijklmnopgrstuvwxyz -6 pt. Newstext
AND FOR MOTOR VEHICLE DEALER LI- abc defg hijklmnopgrstuvwxyz-7 1 /2 pt. Excelsior
CENSES: No motor vehicle dealer's license abcdefghijklmnopgrsfuvwxyz -7 Memphis Bold
shall be issued except under the following
conditions:
(a) No Class A motor vehicle dealer It- -
cense shall be issued to any person who
does not possess and operate under a new
car franc . or Contract in and for the
City of Brooklyn Center, except that such
license may be issued to any person not • • • • • • • • • • • ✓. . ................... :.. sl. .Y:"� .. ' �' ' . ...t ......
operatinF. under such new car franchise if
such licensee operates and maintains in Subscribed and sworn to before
f3rooKgn Center an enclosed garage, show-
room or other car display or rental strut- - -
ture on the land, which structure shall have me this ...... . ............. • of.. ... A.D., 19......
a true and full City Assessor's value equal (
to at least twice the ] rile and Hill value of �t.,
land used by such licensee in the sale of r
new and used cars- –
................................... ......:r.......................
(b) Eve
yy Class A licensee shall pro-
vide, operate and maintain in the City of (NOTARIAL SEAL)
Brooklyn Center at least one eautnPed and
manned repair shop or facility capable of
repairing the motors, engines, brakes. lights, Notary Public . ........................County, Minnesota -
tires, electrical and other operating equip-
ment of any motor vehicle sold by such
de My Commission Expires ... .......................19......
o motor vehicle dealer license of
any _ ,.ss shall be issued for any place
or v imess on which any taxes are de-
linquent on the records of the office of
the Hennepin County Auditor or which is
not zoned therefore.
number of licenses held,
(d) Each licensee shall orovide sufficient Section 29 -1212. DELIVERY. At the time
parking space on licensee's premises for Section 23 -1209. STATE LICENSES RE- of delivery, the dealer shall furnish to the
all motor vehicles repaired or processed QUIRED. No license shall be issued to deal customer a written copy of the invoice,
by such licensee. -- - in motor vehicles unless the applicant is Conditional Sales Contract, ChattelMortgage�
(e The applicant for any license re- licensed under the appropriate Minnesota Order,_ or other writing containing the fol-
gutrea under this ordinance shall file aq '="s so to do.- lowing Information, if applicable: wuuect, uiuer, con itfonal sales contract.
appplication for plan approval with the Sec - Sec ticn 23 -1210 COUNCIL AUTHORITY (a) Cost of insurance, if any, and de- chattel or other mortgage, note or other
retary of the Brooklyn Center Planning The City Cou�cil may Brant. deny, suspend. N scription of the exact coverage of such writing or memorandum relating to the
Commission. Such application shall be ac- or revoke, an u. ............ . . license under this ordinance, insurance. If such insurance does not in- sale of any motor vehicle, except for the
statement, or like document, comrpa by a detailed map, clatordrawin but any suspension or revocation shall oe clude property damage or liability inshr financing t, re-
of fhe ple(e of hnsln�ks .�;r which such preceded by a hearing before the Council Affidavit ance. a statement to this effect shall be of Publication quired under the Uniform _Commercial Code.
license - is to be issul d sn.,vrine anwng with not less f6an three (3) days notice prominently stated on such document or Section 23 -1218. SALES AS AGENT. TFe
other information, the address, location and thereof to the applicant or licensee, documents, provisions of this ordinance shall aop1l to
dimensions thereof; the location, type and Section 23 -lall. BOND REQUIRED. Each OF (b) Cost of additional repairing, serv- all sales made by a licensee irre spective
dimensions of any building, fence, and light- application for a Class A license shall be icingg or parts, of whether or not the motor vehicle said,
m equipment thereon the intended plan of accompanied by a bond in the sum of (c) Exact cost of time price differential„ or advertised for sale is owned by such
al vehicle parkin, the location and di- 15.000.00, which shall run to the Clty of including the exact amount or amounts, of license or whether he is acting as an agent
menslons of processed car storage space; Brooklyn Center for the benefit of any the monthly installments, the number of or consignee for the owner
all curt) openings; all driveways and alley - person, firm or corporation who shall sus- such installments and the total time balance. Section 23 -1219, MOTOR VE HICLE LOTS
ways therein and thereon; and a certificate thin any injury covered by the bond. The (d) Cost of motor vehicle license to be CONDITIONED, All outdoor parking lots, car
by the City Engineer approving the drainage bond shall be conditioned that the principal added. lots, motor vehicle lots or anv area used
and paving on such place of bu stress. Un- will indemnify any and all persons, firms or (e) The amount of down navment. for the purpose of displaying for sale motor
less changes are thereafter made the same, corporations for any direct loss suffered (f) The final net purchase price tobe paid vehicles shall be constructed, maintained.
plan or map and other Information neei because of dishonesty, misrepresentation therefore by the customer f,o.b. Brooklyn illuminated as set forth in the Brooklyn_
l
not be resubmit, d for anv r i• 1. or fraud on the part of the principal in the Center, Including any amount allowed for_ Center Zoning Ordinance.
_�The t)avment of the fees hera(p substitution of a motor vehicle or parts a ra a - in. Section 23 -122U. RECORDS OF SALES
thereof for the one selected by the pur- Section 23 -1213, REGISTRATION. The Records of all purchases and sales shall
he approval and filinK_of the bond chaser; failure through dishonesty or fraud to Published in registration of title card or bill of sale be kept by the licensed dealer describing_
as ainafter set forth, for Class A Li- deliver a clear title to those legally en- for anv car sold shall be forwarded by the each vehicle purchased and sold by refer -
censes, titled thereto; any misappropriation of monies 1E BROOKLYN CENTER PC dealer to the Secretary of the State of ence to serial number and State License_
(h) The obedience to all of the other or properties belonging to a purchaser be- Minnesota not later than fourteen (14) days number and date of each transaction and
conditfions and provisions. governing such in made In payment of a motor vehicle'_ after the date of the sale. No dealer shall
sod by the r p 5617 Corvallis Ave. N.
such records shall be available for ex
business or operation set forth in this p foci aI; alteration of a motor receive and refuse to return to the owner amination by the City Manager, 6bief of
ordinance, other ordinances of Brooklyn vehicle, its license plate or serial num. MINNEAPOLIS, MINNESOTA 55426 any registration or title card for the pur- Police, and such other agents as may be
center, and the laws of the State of Min ber on the oart of the principal or with pose of compelling the owner of such card designated by the City Council, _
nesota his knowledge so as to deceive thepurchaser to purchase a motor vehicle from the dealer Sectfon 2 - f221.LICENSECERTIFICATE
Section 23 -1205, APPLI FOR r t_ as to the year or model o any mo or unless such dealer is ready, willing and able TO BE DISPLAYED. Licensees hereunder_
CENSE: The application for any license vehicle sold; or the violation of any of the' DATE OF P UBLICATION to comply with the terms OT the contract Shall prominently display In their show
hereunder shall be made in writing and nrovisfons of this ordinance. Any person, or agreement for the sale of the motor room, or in the event of no show room,
signed by the applicant on forms provided hrm or corporation who sustains any in- vehicle, in the room or area where negotiations
by the City Clerk, which application shall ; ry covered by this bond may in addition section 23 -1214 SALES AWAY FROM and sales are consumated with the P
show, among other informatiun, the names, any other remedy that he may have brin ublic,
, PLACE OF BUSINESS, L dealer or sales- eac_•h ttcensr• certificate Issued hereunder•_
and ce ag a of all individual applicants- place of business action in his own name upon the bon -•�d against the surety for the recovery of e man or employee of such dealer shall ad- 'w.tion :3 -1222. PENALTY. Any rsnn
and age or a ; —' ve se - - any motor venlete as being sold�"'� f�- . tM� nrdl�•a�••F
a a P ar t ner s hip, all part the names, addresses and any damage sustained bond regardless of the him, Each licensee by the owner thereof at the owner's home upon inn w:c�on thereof, be fined a ruin n,rt
,gas of all parmers; if a corporation, the need file only one bon ATTORNEY or residence if such motor vehicle is ac- zo ez_3�('hnc AuntTred�bollars
names and addresses of all the officers . tually owned by or cosigned to the licensee
ereof proof of the 'm ns_unmt rtt In the Count Jail, _tor a rind
and stock holders th and sold as part of his business. No licensee no - to
tranc exceed ninety (90 County An fora-
htse authorizing the licensee to sag } Yy
new cars in Brooklyn Center. or uroof shall use any public street, premises or alley tion of this ordinance shall, in additon to
in the City for the storage of motorvehlcles, other penalties, be grounds for revocation
Of he true and f City Assessor's value
of show room or other structure in Brookly n , Section 23 -1215, MORTGAGES OR LIENS of license.
Center as compared to the true and full If any licensee shall knowingly sell a motor Section 2: This ordinance shall become
value of car di lay land all true i vehicle which is subject to a mortgage lien effective thirty days following its legal pub -
Section 23- 1204 set forth in ) herein; the business or or payments, the licensee shall furnish a_ lication,
occupation and residence addresses of the statement in writing to the purchaser deft- Adopted this day of 1967.
r
applicant for a Deriod of 3 vears immedi- FILED nitely stating the amount of such mortgage,
a ly prior to the date lien or payments, and the name and address
e of such abplic of the holder or owner of such mortgage,
tton, including all partners, officers, o or
stock noader lien or other indebtedness. If the licensee Mayor or bankruptcy f any previous insolvency any applicant; and such other' shall knowingly fail to furnish such informa- ATTEST:
pertinent reell tion any or material information Y such mortgage,_ lien or payments
as the Clay may from time to time require. Snail be paid by the licensee, Clerk '
All applications for such licenses shall be' Section 23 -1216. SPEEDOMETER TAM - Published in the Official Newspaper
accompa nled by the information described PERING. No licensee or agent of such
in Sectlpns 4 and 5 df this platoon E TH BROOKLYN CENTER P< licensee shall fraudulently change, set back, (Brackets indicate matter to be deleted,
Section 2 3 -1206. LICENSE FEES. T¢e or disconnect, or fail to connect, or cause underline indicates new matter.)
fee for a Class A license shall be $150.00 to be changed, set back, disconnected, or (Published in The Brooklyn Center Post
per year for each licensee, - 11 cause the failure to connect any speedometer March 30, 1967.)
'flip fee fora Cl assi 1 license shall be of any used motor vehicle for the purpose
of effecting the sale of such used motor
eel year for each licensee. vehicle. Provided, however, it shall. not be
Brit n 2a X207 FXPTRATl a DAT E . All unlawful for a licensee or his agent to offer
uses issued under this ordinance shall a used motor vehicle for sale with the
n nn Anrit a0 h of a h Near.
.Belton 23_1208 TRANSFER OF speedometer reading thereon turned back to
I '
CENSES, Licenses hereunder may not be zero.
Section 23 -1217, BLANK CONTRACTS.
transferred from person to person nl from
place to place. No licensee shall obtain the signature of a
purchaser on any blank sales or purchase