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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: ? 3 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 2 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. 3