212039.4
ORTGItq.L TO'CITY CLERK
� k~ j CITY OF ST. PAUL COUNCIL NO. Q�g_
LICENSE COMMTTEE - OFFICE OF THE CITY CLERK
COUNC RESOLUTION - GENERAL FORM
PRESENTED BY April 4 1963
COMMISSIONE DATE ,
REa)LVIDt That Appli cation H -1262, applied for by Nichols Enterprises, Inc.
dba Cook's, for a ten (10) day extension of Closing Out Sale License
at 394 Robert Street for the period of April 1, 1963 to April 11, 1963"
inclusive, and Application H -13601 applied for by Nichols Enterprises; Inc.
dba Cook's, for a sixteen (16). day extension of Closing Out Sale License
at 394 Robert Street for the period of April 12, 1963 to April 30, 1963,
inclusive, be and the same are hereby granted,
I
EXTENSION OF "Closing Out Sale Licensee
Appn. H-1262
Informally zp proved -by Council
Appn. H -1360 U
Informally approved by ouncil
April 2, 1963 ;
Council File No. 212039 —By Severin
Martinson — Robert F. Peterson ,
Milton Rosen—
Re d, That A plication H- +1262,
dbahCook'sb foraaotten (10) day exe
tension of Closing Out Sale License
at 394 Robert Street for the period of
April 1, 1963 to April 11, 1963, inclusive,
and Application H -1360, applied for
by Nichols Enterprises, Inc. dba Cook's,
for a sixteen (16). day extension of l
Closing Out Sale License at 394 Robert I
Street for the period of April 12, 1963;
to April 30, 1963, inclusive, be and,
the same are hereby granted. 1
Adopted by the Council April 5, 1963.'
Approved April 5, 1963.
(April 13, 1963)
(Orig. Appn. 90 Days, Appn. G -13933
& Appn. H1154 for 5 Day Extension) APR 5 196
t
COUNCILMEN - Adopted by the Council 19—
Ye��al Nays
ish APR 5 196
d
Approved 1g
I
In Favor
o . son `
Petersoi Mayor
Against b
oxen
,. r. President, Vavoulis
i
10M 6-62
ROBERT E. FARICY
THEODORE J. COLLINS
DANIEL A. KLAS
THOMAS J STEARNS
JOHN J. MCNEIL
GERALD A. ALFVEBY
PAUL J. KELLY
SIDNEY P. ABRAMSON
AESIETANTS
NEIL P. CONVERY
INVESTIGATOR
CITY OF SAINT PAUL
LEGAL DEPARTMENT
DONALD L. LAIS
CORPORATION COUNSEL
The Honorable George J. Vavoulis
Mayor of the City of Saint Paul
Dear Mayor Vavoulis:
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LOUIS P. SHEAHAN
DIRECTOR OF LAW
ROBERT E. O'CONNELL
SPECIAL ASSISTANT
April 2, 1963
Re: Cook's Going- out -of- Business
Sale
Attached hereto is a copy of a rough draft memorandum
from Mr. Faricy for your information. It is not intended
to be a final statement nor a final recommendation.
Ttruly yours zo
d is
Corporation Counsel
DLL: ja
attach.
t
v�
M E M O R A N D U M
TO: Mr. Lais
FROM: Mr. Faricy
DATE: April 1, 19,63
RE: Cook's Going- out -of- Business Sale
At your direction Mr. Dunning, the License Inspector
for the City, and myself, accompanied by Steve Janicek, went
to Cook's and spoke to Woody Harter. I am attaching to this
memorandum the original report from Mr. Janicek's notes.
As a result of the conference with Mr. Harter and spot
checks made at Cook's, we were unable to discover any evidence
that would show that Cook's stock has been increased by shipments
of additional merchandise; and in the matter of mens' suits, they
have been able to present us with bills of lading from reputable
shipping concerns showing that 490 Ivy League mens' suits have been
shipped from Cook's to other stores of Nichols Enterprises. We
were unable to discover any invoices dated later than September of
1962. On this basis, we were unable to discover any actual evidence
showing or tending to show a violation of the particular ordinance
in question.
In conferring with Mr. Dunning, it is apparent that there
are four courses of action available. The first is to grant the
applicant such additional time as it desires, which, in effect,
makes the present license unlimited. The second is to grant no
further time nor extension of the particular license, which has
the effect of stopping Cook's going- out -of- business sale as of
Saturday, March 30. Thirdly, grant the applied for ten -day
extension presently pending before the Council, to be considered
on April 2. Fourth, grant the extension request in point 3 plus
an additional 8 days (8 sale days) which would extend the sale to
April 20 and thus include the week after Easter.
It is Mr. Dunning's feeling and mine that the fourth
suggestion is one which could be favorably received by Cook's
as it would allow them additional time to dispose of merchandise
presently on their premises as promoted by the advertised going -
out-of- business sale. It would further have the effect of establishing
a precedent of limiting the length of time that such a sale will
exist. This is regarded as a positive statement in view of the
expressed ideas of several councilmen who seem to be of the opinion
that the ordinance in question should be rewritten to automatically
limit such sales to a certain specified nonrenewable period of time,
containingtherein no extension privileges.
In conclusion, I would like to emphasize to you that the
only way we could accurately and actually determine whether any
violation exists would be to examine every invoice on inbound
bills of lading that Cook'shas received since June 1, 1962, plus
examining every shipping order or bill of lading or device of such
nature showing shipments from Cook's to other stores during the
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a
same period of time and then conduct a physical count of all
merchandise openly offered for sale in the store as well as
that merchadlse held in stockroom and other storage places.
This does not seem feasible.
Your attention is directed again to the transcript of
Mr. Janicek and to the names contained in its introduction.
Carl Bodey is Vice - President and Merchandise Manager for the
Emporium. Gerald Nyberg has a similar position with the
Golden Rule. You are acquainted with Mr. Maltby and John Taylor
of the Better Business Bureau. In conversation held with Messrs.
Bodey, Nyberg, Maltby and Taylor after the conference with Harter,
none of the four men felt that we would have been able to discover
U
any evidence of the vblation looked for, and they also felt that
the matter of concealment of any such violations was not too
difficult for any store to effectuate.
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