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264034 WHI7E - CITY CLERK COl1I1C11 �64034 PINK =FINANCE C4NARY.� DEPARTMENT GITY OF SAINT PAITL l�L.UE - MAY�OR . Flle NO. � ♦ • � ' rdin�nce Ordinance N 0. ��� Presented By • Referred To Committee: Date Out of Committee By Date An ordinance requiring the offering of a "Rain Check" when advertised retail items are unavailable during the advertised sale period. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. Definitions. The following terms, when used in this chapter, shall have the following meaning, unless the language or context clearly indicates a different meaning is intended. (1) Rain Check: "Rain check" shall mean a guarantee of a consumer's entitlement to buy an advertised article at an � advertised price during a specified period of time. (2) Consumer: "Consumer" shall mean a purchaser, lessee, recip nt or prospective purchaser, lessee, or recipient of consumer goods which are primarily for personal, household, or family purposes. (3) Merchant: "Merchant" shall mean any natural person, proprietorship, partnership, firm, corporation, or association offering goods for sale to consumers. (4) Advertised Period: "Advertised period° shall mean the specified time period during which an advertised article is offered for sale at the advertised price by means of advertising disseminated, broadcast, or otherwise distributed within the City of Saint Paul. COU[VCILMEN Yeas Nays Requested by Department of: �#�{ Roedler I��I�� Hozza In Favor Levine �� Sylvester ainst By B�� is��hsen Tedesco • Mme.President�j�� HUIIt ' Adopted by Council: Date Form Approved�by City ttorney Certified Passed by Council Secretary BY • By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY . ' � ' � � v�k+�.!�6 8`I � ��4a�4 (5) Advertised Article: "Advertised article" shall mean a consumer good primarily for personal, household, or family purposes which is offered for sale during a specified period of time by means of advertising disseminated, broadcast, or otherwise distributed within the City of Saint Paul. Section 2. Rain Check RequireAlents. (1) Rain Check Re uired. Any merchant offering for sale to consumers an a vertised article, when such advertised article is not available for sale during the advertised period, shall provide to that consumer entitlement to purchase the advertised article at the advertised price within twenty (20) days of the last day of the original advertised period. A written record of said entitlement shall be retained by the merchant. (2) Extension of Rain eheck: The original twenty-day period of entitlement to a rain check may be renewed or extended for a reasonable period of time, in th� event the item is unavailable to the merchant due to circumstances demonstrably beyond his control (3) Offer of Substitute Article. Where the advertised article is unavailable during the advertised period, the merchant may, at his option, of�er the consumer a substitute article of equal or greater value at the advertised price. (a) Such offering of a substitute article shall not negate the requirement to offer a rain check if the consumer wishes to purchase the article actually advertised. (b) Where a substitute is offered, the consumer �� i'�` � is entitled to said substitute or to a rain check, but not �-.: to both. Acceptance of a substitute by the consumer shall void the requirement that a rain check be offered. (c) If, due to circumstances demonstrably beyond the control of the merchant, the advertised article is not available and will not in the future be available, it shall be deemed sufficient for the merchant to offer the consumer a substitute article of equal or greater value at the advertised price. (4) Notification to Consumer. Any merchant unable to provide an advertised article during the advertised period shall be required to notify consumers of their right to a rain check for said article. The following notification shall be deemed sufficient to comply with this requirement: . . ' . � �� � Is��� � Notif ication ��`303 posted clearly and conspicuously 4 on the sales premises which states the following: CITY ORDINANCE REQUIRES ALL RETAIL MERCHANTS TO PROVIDE "RAIN CHECKS" FOR ADVER- TISED MERCHANDISE UNAVAILABLE DURING THE SALE PERIOD. (This does not apply to FOR FURTHER INFO: clearance merchandise or where the quantity is S'�. Paul Office specifically limited in of Consumer Affairs . the advertisement. ) 298-4567 (5) Lim�t on Number of a Particular Article per Customer at Advertised Price. The merchant shall have the right to limit the number of a particular advertised article avai3able to each consumer at the advertised price during the advertised period. Such limits shall be stated in the advertisement. Sectian 3. Exceptions. The provisions of Section 2 shall not be applicable in the following situations: � (1) Absence of Advertised Period of Offerin . A rain check shal no�- be requ r� w ere the advertisement does not include an advertised period of a limited number of days during which the advertised items shall be available at the advertised price. (2) Advertised Period of More Than Forty-Five Da�s. A $ain check shall not be required if the advertised period exceeds forty-five (45) days. (3) Future Non-�,vailabilit or Limited Quantit of Advertised Artic es. (a) A rain check shall not be required if the advertised article is clos�-out merchandise, clearance merchandise, discontinued merchandise, one-of-a-kind mer- chandise, or other merchandise of a similar nature, provided that the article is clearly so ident�tfied in the advertisement. If the unavailable advertised article is not clearly identified in the advertisement as close-out merchandise, clearance mer- chandise, discontinued merchandise, one-of-a-kind merchandise, or other merchandise of a similar nature, this section does not remove the requirement of section 2 (3) (c) that a substitution be offered. (b) A rain check shall not be required if the advertisement clearly states that only a specific number of a specific advertised article are available at the advertised price during the advertised period. It shall not be deemed sufficient to use the phrase "while quantities last" or other language of similar import. WH17E - CITY CLERK �NPRYPINK -'FINANCE GITY OF SAINT PAIIL Council ���O�A � DEPARTMENT a B iE -MAYOFY File N O. �I y � . 1 c�/ � , Ordin�nce Ordinance N�. �./b07 _ Pres�ented By �� Referred To Committee: Date Out of Committee By Date Section 4. Violations. Violations of this ordinance shall be deemed a violation of the Consumer Prote�tion Laws of the City of Saint Paul and shall be enforced through the powers granted by' Ordinance Number 15268. Violations shall be subject to the penalties provided for in Ordinance Number 15269. Section 5. Severability. In case any section of this ordinance is held invalid by a court of competent jurisdiction, the invalidity shall extend only to the section affected, and other sections of this ordinance shall continue in full force and effect. Section 6. E��ective Date. This ordinance shall take effect and be in force sixty (60) days from and after its passage, approval and publication. COUNCILMEN Requested by Department of: Yeas � Roedler � �I���� Hozza In Favor Levine �E��7� Sylvester � Against BY g�� Christensen Tedesco Mme.President��� Hunt Adopted by Council: Date gU� 2 9 1974 Form Approved by City At rney Certified Passed Council Secretary BY . � B'4�'� Approv y Mayor: Date Approved by Mayor for Submission to Council By By PUBtISHED EP 1974 • .< ` nitt� ,1 11 �.� Ni`! #`i • ' ^ CI7Y �L�R�'S {;FFlCE - ' ST �'AEJl.� F�(?��i. e..�. �'s�0�4 a erm�e�vue � a�eee _ CITY OF SAINT 1�AUL OFFICE OF TAE CITY COIINCIL DITY HAI.I. AND �URT HOUSE VICTOR J. TEDESCO SAINT PAIIL. MINNESOTA 55102 MARILYN L,ANTRY Councilman p H p N E e i� � 2 9 s-6 s o s Legislative Aide August 1, 1974 Mrs. Rose Mix City Clerk 386 City Hall St. Paul, Minnesota Dear Rose: At this morning's Community Services Committee meeting, Council File No. 263643, the rain check ordinance, was considered. Testimony was heard from Robert Ma.ttson, Consumer Affairs Department, and also from a representative of the Minnesota Food Retailers Association and a representative from the Minnesota Retail Federation as well as the Chamber of Commerce. Because there was some disagreement between Mr. Ma.ttson and the Chamber of Commerce, Ma.ttson revised the ordinance. The Committee, by motion, agreed with the revised ordinance and recommended it be brought before the full Council for passage. Would you please have the City Attorney sign the amended ordinance and then put it on the Council's agenda at an early date. Since the amended ordinance will receive a new Council File No. , I am hereby withdrawing for consideration Council File No. 263643. Sincerely yours, `� �I 11 Victor J Tedesco Councilma.n and Chairma.n of the Community Services Committee cc-Council Members �st' ��1?5 2na ZO 3rd �I Z� Adopted �+�..� y _ Yeas Nays CHIZI5TENSII�T HOZZA � ��E 264034 ROEDLER J snvES�x �nESCo �s�vT (�r)