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<br />..I&RmA <br />. --...- <br />-~- - <br />IT.,. <br /> <br />Minnesota Automobile Dealers Association <br />lOUIS ClAESON, EXECUTIVE VICE PRESIDENT . 277 UNIVERSITY AVE. ' Sl PAUL. MN 55103 . lOCAL (612) 291-2400 . TOll FREE 1.800.652.9029 . FAX (612) 291.2894 <br />homepage http://www,mada.org <br /> <br />April 9, 1999 <br /> <br />Thomas Paschke <br />Roseville City Planning Office <br />2660 Civic Center Drive <br />Roseville, MN 55113 <br /> <br />Re: Planning File #3111 <br />Boaters Outlet <br /> <br />Dear Mr. Paschke: <br /> <br />The purpose of this letter is to comment in opposition to the referenced Interim Use <br />Pennit which would allow the applicant to conduct Sunday sales of automobiles. <br /> <br />Minnesota Statutes 168.275, a copy of which is enclosed, makes it a crime for any person <br />to carry on or engage in the business of buying, selling, exchanging or dealing in new or <br />used vehicles on Sunday. It is also illegal for a person to open any lot to engage in the <br />business of exchanging automobiles. <br /> <br />It is clearly not illegal for a private party to sell their own personal car on Sunday. <br />However, in this case the applicant is initiating a business venture which in MADA's <br />view is conduct proscribed by the statute. In addition, to the extent that licensed dealers <br />end up participating as "owner" sellers of vehicles on Sundays, the use of the property <br />would be unlawful. <br /> <br />The Motor Vehicle Sunday Closing Statute was the subject of extensive litigation two <br />years ago in the case of Daryl Kirk and Bud Hamilton vs. State of Minnesota. The <br />litigation was sponsored by the Minnesota Civil Liberties Union. In an opinion filed on <br />September 9, 1997 (Cl-96-3614) the Minnesota Court of Appeals fully upheld the <br />constitutionality of the statute. <br /> <br />MADA is a trade association of 485 franchised new car and truck dealers in the state of <br />Minnesota. Thank you for the opportunity to present these comments. If you need <br />additional infonnat~n, please feel free to contact the undersigned. <br />f <br />f <br />I <br />I~erely, I I <br />;~/\d <br /> <br />/" ,../, <br />/ \J am s SchJ!!ieI . ) <br />i Mf A Counsel // <br />/ - <br />/ <br />/' Enclosure <br /> <br />,\-'\- ~ ~ <br />