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BULLET St. Louis City Revised Code Chapter 8.28A Brick Dealers

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.28A
Brick Dealers

Sections:

8.28A.010 Definitions.
8.28A.020 Brick dealer's permit--Required.
8.28A.030 Brick dealer's permit--Application--Issuance.
8.28A.040 Brick dealer's permit--Revocation.
8.28A.050 Photograph of brick seller required.
8.28A.060 Demolition permit requirements.
8.28A.070 Register of transactions required.
8.28A.080 Purchases from minors--Hours of operation.
8.28A.090 Removal and transportation of bricks.
8.28A.100 Penalty for violation.

Prior ordinance history:

Ord. 59429.

8.28A.010 Definitions.

As used herein, the following terms have the following meanings:

A. "Accept" used bricks means to assume possession or control of used bricks, whether or not payment is made therefor.

B. "Brick" means a unit of building or street paving material, commonly made of clay hardened by heat, or of cinders, generally rectangular in shape, building bricks being generally smaller than paving bricks.

C. "Brick dealer" means a person or entity engaged in brick dealing, and his agents or employees.

D. "Brick dealing" means purchasing, or purchasing and selling, used bricks.

E. "Brick Rustler" means any person removing bricks from a building or street without a valid business license and a valid brick dealer's permit as provided for in this chapter.

F. "Used brick" means all bricks other than those which have never been used for building or paving purposes.
(Ord. 67392 2, 2007.)

8.28A.020 Brick dealer's permit--Required.

No person shall engage in brick dealing in the City without having a brick dealer's permit issued pursuant to this chapter and a valid City business license.
(Ord. 67392 3, 2007.)

8.28A.030 Brick dealer's permit--Application--Issuance.

A. Application for a brick dealer's permit shall be made to the Director of Public Safety on a form provided by such Director and shall state where the business is to be carried on. A brick dealer shall have a separate brick dealer's permit for each place at which he purchases or sells bricks. A brick dealer's permit shall be issued for a period of one year. Before any permit shall be issued, the Director of Public Safety shall procure:

1. The applicant's written statement that the applicant has installed or has at the place of business for which the permit is sought a proper camera and has agreed to use it to photograph each person selling or otherwise transferring bricks to the applicant, and to make the photographs taken available to police officers or Department of Public Safety employees upon request;

2. The applicant's written statement that the applicant will maintain a register of all purchases and sales and will make the same available for inspection by police officers or Department of Public Safety employees upon request;

3. The applicant's acknowledgement of his obligation to require display of a demolition permit and a valid City business license before accepting used bricks.

B. At the time of issuance of a brick dealer's permit, the Director of Public Safety shall furnish a copy of this chapter to the permittee.

C. No fee shall be required for a brick dealer's permit under this chapter, provided, however, that brick dealers shall be subject to all license and tax requirements imposed by or pursuant to other applicable ordinances.
(Ord. 67392 4, 2007.)

8.28A.040 Brick dealer's permit--Revocation.

In addition to the penalties provided by this chapter, the Director of Public Safety shall have power and authority to revoke any permit issued under this chapter for any violation by a brick dealer at the location for which the permit was issued of any of the provisions of this chapter. Such a permit may be revoked only after the permittee shall have been notified in a notice addressed to him at his mailing address as indicated on his brick dealer's permit application of the violation complained of. Such notice shall also state that a hearing will be held before the Director of Public Safety on a date certain but not sooner than ten days after mailing of the notice, on the subject of revocation of the permit in question. Such hearings shall be, and be conducted as, "contested cases" under Chapter 536, Revised Statutes of Missouri as amended. In the event of revocation of a permit by the Director of Public Safety under this section, such Director shall notify all licensing authorities of the City, which shall proceed in the manner provided under this section to initiate proceedings for revocation of any license relating or pertaining to business activities of the brick dealer related to his business as a brick dealer, for example, a demolition contractor's license.
(Ord. 67392 5, 2007.)

8.28A.050 Photograph of brick seller required.

No brick dealer shall accept any used bricks from any person unless he shall make a photograph of such person holding the demolition permit for the structure from which such bricks were removed, in such a way that the demolition permit number and the issuing authority's name are visible in the photograph. All such photographs shall be developed and kept by the brick dealer at the location where the bricks were accepted by the dealer or to which the bricks were transported by the dealer after acceptance, for a period of one year from the date of the acceptance and shall be available to the police officers or Department of Public Safety employees for inspection during the brick dealer's normal business hours, and shall be furnished to them upon their written request. Failure to take, have developed, keep, or make available a photograph shall be deemed a violation of this chapter.
(Ord. 67392 6, 2007.)

8.28A.060 Demolition permit requirements.

A. No brick dealer shall accept used bricks unless the seller has a current business license and a demolition permit is displayed for the demolition of the structure from which the bricks were removed.

B. No brick dealer shall accept used bricks from a person displaying a demolition permit issued by the Division of Building and Inspection of the Department of Public Safety of the City of St. Louis, if the expiration date on such permit is sixty or more days prior to the date it is displayed to the brick dealer, or if such dealer knows or in the exercise of ordinary care should know that such permit is forged or has been altered in any respect. The Director of Public Safety shall encourage brick dealers to verify data on demolition permits, and shall endeavor to make such verification as convenient as possible for brick dealers.

C. A failure of compliance by a brick dealer with this section in any respect shall be deemed a violation of this chapter.
(Ord. 67392 7, 2007.)

8.28A.070 Register of transactions required.

A. Every brick dealer shall keep a written register at each location where he engages in brick dealing. Such register shall show, for each transaction involving acceptance of used brick by the dealer at that location:

1. The date and time thereof;

2. The seller's or transferor's name, address, motor vehicle operator's or chauffeur's license number, motor vehicle license plate number and social security number;

3. The quantity of brick sold or transferred;

4. The consideration paid or payable for such brick, if any;

5. The seller or transferor's statement of the location from which the brick was obtained;

6. The issuing authority, demolition permit number, and the date of each demolition permit displayed to him.

B. The register shall be open to inspection and copying by police officers or Department of Public Safety employees during the brick dealer's normal business hours.

C. The making of a false entry in, or the failure to make a complete entry of a transaction in, the register shall be deemed a violation of this chapter.
(Ord. 67392 8, 2007.)

8.28A.080 Purchases from minors--Hours of operation.

No brick dealer shall purchase any used bricks from any minor, at any time, or from any person whomsoever, between the hours of seven p.m. and seven a.m.
(Ord. 67392 9, 2007.)

8.28A.090 Removal and transportation of bricks.

No person shall remove bricks from a building or street without a valid business license and a valid brick dealer permit as provided for in the ordinance. It shall be a violation of this chapter for any brick rustler to transport bricks upon any public right-of-way within the City of St. Louis.
(Ord. 67392 10, 2007.)

8.28A.100 Penalty for violation.

A. Any brick dealer who shall conduct business in violation of any of the provisions of this chapter shall be subject to a fine of not more than five hundred dollars ($500) or a term of imprisonment of not more than ninety (90) days or by both a fine and imprisonment.

B. Any person who shall buy or sell bricks in violation of the provisions of this chapter shall be subject to a fine of not more than five hundred dollars ($500) or a term of imprisonment of not more than ninety (90) days or both a fine and imprisonment. For purposes of this section every brick purchased or sold in violation of this chapter shall constitute a separate transaction and shall be deemed a separate violation for the purpose of assessing a penalty. The penalty for such violation shall be not less than fifty cents ($.50) per brick.
(Ord. 67392 11, 2007.)


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