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BULLET St. Louis City Revised Code Chapter 8.66 Motor Fuel 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 8.66
Motor Fuel Dealers

Sections:

8.66.010 Motor fuel defined.
8.66.020 License--Required.
8.66.030 License--Application--Bond.
8.66.050 License--Fees--Payment.
8.66.060 License--Operating without.
8.66.070 Invoice or sales ticket.
8.66.080 Records--Statements--Required.
8.66.090 Records--Statements--Investigation.
8.66.100 Statements--Form.
8.66.110 Statements--Late.
8.66.120 Statements--False.
8.66.130 Trade name, octane content and price to be displayed.
8.66.140 Signs and placards--Restricted.
8.66.150 Signs and placards--Contents.
8.66.160 Deceiving purchaser.
8.66.170 Tank installation--Permit fee.
8.66.180 Tank installation--Inspection.

8.66.010 Motor fuel defined.

For the purpose of this chapter, "motor fuel" means and includes every volatile, inflammable liquid ordinarily, practically or commercially usable in internal combustion engines for the generation of power. It does not, however, include kerosene oil or kerosene distillate.
(1948 C. Ch. 28 1: 1960 C. 651.010.)

V.A.M.S.:

323.010 et seq. Liquefied petroleum gas

8.66.020 License--Required.

No person shall engage in, carry on or conduct the business of selling gasoline or motor fuel, or transporting the same in barrels, tank wagons or other containers having a capacity of more than five gallons or storing gasoline or other motor fuel in quantities in excess of ten gallons without first having obtained a license therefor from the License Collector.
(1948 C. Ch. 28 2: 1960 C. 651.020.)

Cases:

In lot owner's action against gasoline tank owner under ordinance forbidding installation of gasoline tanks less than 25 feet from another lot, judgment was properly entered for tank owner where no evidence showed that installation was subsequent to effective date of ordinance. Wippler v. Hohn, 110 S.W. 2d 409 (1937).

McQuillin:

26.118 Gasoline and oil transportation, storage and sales

8.66.030 License--Application--Bond.

Every person who shall store gasoline or other motor fuel as prescribed in Section 8.66.020, or shall be engaged in the business defined in Section 8.66.020, shall make application for a license to the License Collector. The application shall set forth the name of the applicant, and if an individual his place of residence, and if a firm the names and places of residence of all its members, and if a corporation the names and places of residence of all its officers, and the application shall also state the place of business of the applicant. The applicant shall execute and file a bond to the City, in the sum of two thousand dollars, with a surety company approved by the Comptroller of the City as surety, or in the sum of one thousand dollars is secured by cash deposited with the License Collector, as the applicant may elect, for the use and benefit of the City, conditioned for the payment to the License Collector, within the time hereinafter specified, of the license fee specified in Section 8.66.040. Upon the approval of the bond by the Comptroller, or the deposit of cash in the sum of one thousand dollars with the License Collector, the License Collector shall issue a license to the person. The form of the license shall be determined by the License Collector, with the approval of the Comptroller of the City.
(1948 C. Ch. 28 3: 1960 C. 651.030.)

8.66.050 License--Fees--Payment.

On the sixteenth day of January, April, July and October of each year, or as soon thereafter as sworn statements or the findings of the Comptroller shall be available, the Comptroller shall send all sworn statements that have been accepted by him, and his findings to the License Collector, who shall notify all persons required to pay the license herein provided for, of the amount to be paid. Any person who fails, neglects or refuses to pay this license within ten days after having received notice shall be deemed guilty of a misdemeanor; provided, that every person who files with the Comptroller a sworn statement, as provided by this chapter shall become liable for payment of the tax immediately upon the filing of the sworn statement, without notice from the License Collector.
(1948 C. Ch. 28 9: 1960 C. 651.100.)

8.66.060 License--Operating without.

Any person who shall store gasoline or other motor fuel, or engage in, carry on or conduct the business of selling gasoline or other motor fuel or transporting the same in barrels, tank wagons or other containers having a capacity of more than five gallons, without first having obtained a license from the License Collector, shall be guilty of a misdemeanor.
(1948 C. Ch. 28 10: 1960 C. 651.110.)

8.66.070 Invoice or sales ticket.

Every person selling or delivering gasoline or other motor fuel to a customer for the purpose of storing, or for the purpose of resale or transportation, shall, at the time of delivery, furnish the customer with an invoice or sales ticket, showing the number of gallons and the purchase price, and stating whether or not the purchase price includes the license tax herein provided for. A carbon copy of the invoice or sales ticket shall be retained by every such person for a period of twelve months, and shall be available for examination by the Comptroller or his duly authorized deputy.
(1948 C. Ch. 28 6 (part): 1960 C. 651.070.)

8.66.080 Records--Statements--Required.

Every person who shall store gasoline or other motor fuel, as prescribed in Section 8.66.020, shall keep an accurate record of all receipts of gasoline or other motor fuel, showing the number of gallons received, and on or before the fifteenth day of the month last aforesaid, shall file with the Comptroller of the City a sworn statement of the number of gallons of gasoline or other motor fuel stored. Every person engaged in the business of selling or transporting gasoline or other motor fuel, as prescribed in Section 8.66.020, shall keep an accurate record of all sales of gasoline or other motor fuel, showing the number of gallons purchased or sold, and shall, in January, April, July and October of each year, and on or before the fifteenth day of each of the months last aforesaid, file with the Comptroller of the City a sworn statement of the number of gallons of gasoline or other motor fuel purchased or sold.
(1948 C. Ch. 28 5 (part): 1960 C. 651.050 (part).)

8.66.090 Records--Statements--Investigation.

The Comptroller of the City or his duly authorized deputy, is authorized to investigate the correctness and accuracy of the return and reports required herein, and for that purpose shall have access at all reasonable times to the books, documents and reports bearing on the number of gallons of gasoline or other motor fuel stored, or the number of gallons of gasoline or other motor fuel purchased or sold, and may appoint temporary inspectors to assist in the proper investigation whenever, in his opinion, it is necessary to do so.
(1948 C. Ch. 28 5 (part): 1960 C. 651.050 (part).)

8.66.100 Statements--Form.

The sworn statement herein required shall be in the form prescribed by the Comptroller and shall contain additional information as he may deem necessary for the proper enforcement of this chapter.
(1948 C. Ch. 28 6 (part): 1960 C. 651.060.)

8.66.110 Statements--Late.

The Comptroller may accept the sworn statement if filed after the fifteenth day of each of the months set forth in Section 8.66.100 but the acceptance shall not relieve any person failing to make the report within the time required, from the penalty provided for in Section 8.66.120; provided, that the Comptroller may reject any report, whether filed within the time specified, or otherwise, if he or his duly authorized deputy shall find that the sworn statement is not a true statement of the number of gallons purchased, stored or sold, as aforesaid, and may substitute therefor a statement of the number of gallons found by him or his duly authorized deputy to have been purchased, stored or sold, within the period of three months; provided further, that where no sworn statement shall have been filed as herein required, the Comptroller shall ascertain the number of gallons purchased, stored or sold within each period of three months, as aforesaid, and shall file a statement thereof with the sworn statements referred to.
(1948 C. Ch. 28 7: 1960 C. 651.080.)

8.66.120 Statements--False.

Every person refusing or neglecting to make the report or return provided for in this chapter or making any false or fraudulent report or return, or interfering with the Deputy Comptroller or the inspectors in the performance of their duties, shall be guilty of a misdemeanor.
(1948 C. Ch. 28 8: 1960 C. 651.090.)

8.66.130 Trade name, octane content and price to be displayed.

It shall be unlawful for any person to sell or offer for sale, at retail, for use in internal combustion engines in motor vehicles, any gasoline, unless the seller shall post and keep continuously posted on the individual pump or other dispensing device from which the gasoline is sold or offered for sale, a sign or placard not less than seven inches in height and eight inches in width, stating clearly and legibly the selling price, including all governmental tax to be paid by the purchaser, per gallon of the gasoline so sold or offered for sale, from the pump or other dispensing device, together with the name, trade name, brand, mark or symbol, if any, of the gasoline. The sign, placard or other display shall also contain the octane rating of the gasoline, determined according to the method known as A.S.T.M. Designation: D357-40, which was adopted by the American Society for Testing Materials in 1939 and revised in 1940.
(1948 C. Ch. 28 12: 1960 C. 651.120.)

8.66.140 Signs and placards--Restricted.

No sign or placard stating or referring directly or indirectly to the sale price of gasoline, other than the prices, brand or symbol and octane rating on the signs or placards provided for in Section 8.66.130, shall be posted or maintained on or about the premises on which gasoline is sold or offered for sale.
(1948 C. Ch. 28 13: 1960 C. 651.130.)

8.66.150 Signs and placards--Contents.

It is unlawful for any person in connection with the sale or offer for sale at retail, of any petroleum products other than gasoline for use in motor vehicles, to post or maintain at such place of sale or offer for sale, any sign, placard or other display that states, relates or refers to the price at which the petroleum products are sold or offered for sale, except as follows:

A. The sign, placard or other device shall be not less than seven inches in height and eight inches in width;

B. The price stated, mentioned or referred to on the sign, placard or other display, shall be the unit of the measure by which the petroleum products are customarily sold at retail;

C. The name, trademark, brand, mark or symbol, and the grade or quality classification, if any, of the petroleum products shall be clearly stated on the sign, placard or other display, and if the petroleum products are sold without identification by name, trademark, brand, mark or symbol, the sign, placard or other display shall refer clearly to the petroleum products as unbranded;

D. If the petroleum products are sold or delivered by or through the means of dispensing equipment, the sign, placard or other display shall be posted or maintained on the dispensing equipment; but nothing herein shall be so construed as to prohibit the posting or maintaining of signs or other display containing information respecting the petroleum products elsewhere on the premises; provided, that nothing on any sign or display shall be contradictory to statements appearing on any other sign posted on the premises with respect to the price or quality of the same petroleum products.
(1948 C. Ch. 28 14: 1960 C. 651.140.)

8.66.160 Deceiving purchaser.

It shall be unlawful for any person to sell or offer for sale, gasoline or other petroleum products for use in motor vehicles, at retail, so as to, in any manner, deceive or tend to deceive, the purchaser as to the price, nature, quality or identify thereof.
(1948 C. Ch. 28 15: 1960 C. 651.150.)

8.66.170 Tank installation--Permit fee.

Every person desiring to install tanks for the keeping or storage of gasoline or other volatile inflammable liquids, shall first file with the Board of Public Service an application for a permit to install same. He shall also file in the Division of Building and Inspection a plat drawn to a scale showing the location of the premises, the location and number of tanks on the premises and the number of tanks to be installed. He shall pay to this division a permit fee of five dollars, an inspection fee of five dollars for each tank, and an annual inspection fee of five dollars for tanks at each location.
(1948 C. Ch. 28 16: 1960 C. 651.160.)

8.66.180 Tank installation--Inspection.

The Board of Public Service shall render to the Division of Building and Inspection a copy of the application and the division, within five days thereafter, shall cause an inspection to be made of the premises and shall submit its findings together with the plat to the Board of Public Service. If, after an examination of these findings and the plat, the Board of Public Service finds that all the provisions of this chapter and all other ordinances of the City pertaining thereto have been complied with, and finds that construction, maintenance and location are consistent with public safety, it shall issue the applicant a permit. If the Board does not so find, it shall refuse the permit.
(1948 C. Ch. 28 17: 1960 C. 651.170.)

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