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BULLET St. Louis City Revised Code Chapter 8.82 Secondhand Dealers and Junk Dealers Part I 

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 8.82
Secondhand Dealers and Junk Dealers
PART I SECONDHAND DEALERS

Sections:

8.82.010 Defined.
8.82.020 License--Required.
8.82.030 License--Tax.
8.82.040 License--Application.
8.82.050 Photograph and transaction forms.
8.82.051 License--Revocation for violation.
8.82.060 Purchase of certain articles.
8.82.090 Reporting certain persons or articles.
8.82.100 Sale of secondhand vehicles--Brakes.
8.82.110 Sale of secondhand vehicles--Certificate--Contents.
8.82.120 Sale of secondhand vehicles--Certificate--False.
8.82.130 Sale of secondhand vehicles--Exception.
8.82.135 Recycling operations exempted.

8.82.010 Defined.

Any person doing business in the City, who purchases and sells goods of any kind or description, having once been used or transferred from the manufacturer to the dealer and then received into the possession of third parties, whether the same consists of cloths, carpets, clothing, rags, iron or other metals, furniture or articles of household utensils, or articles of personal use, or male and female wearing apparel, or of jewelry of any kind or description, or of old gold or silver, shall be a secondhand dealer.
(Ord. 63478 2 (part), 1995: prior Ord. 57916 2 (part), 1979: 1948 C. Ch. 57 2: 1960 C. 680.010.)

8.82.020 License--Required.

No person shall engage in the business of secondhand dealer without first obtaining a license from the License Collector and complying with the provisions of this chapter.
(Ord. 63478 2 (part), 1995: prior: Ord. 55790 2 (part), 1971: 1960 C. 680.011.)

8.82.030 License--Tax.

Every secondhand dealer, as defined in Section 8.82.010 shall pay the graduated business license tax pursuant to Chapter 8.07 of the Revised Code of the City of St. Louis.
(Ord. 63478 2 (part), 1995: prior: Ord. 55790 2 (part), 1971: 1960 C. 680.012.)

8.82.040 License--Application.

Every application for a license shall be made in writing to the License Collector and shall state where the business is to be carried on. Before any license shall be issued, the License Collector shall procure from the Police Commissioners, an endorsement on the back of the application therefor:

A. That in their opinion the applicant has a good moral character and shall not have been convicted within the ten years preceding the date of application for license or for renewal of license or be on parole or a fugitive from justice for any federal, state or municipal offense involving:

1. Drugs or narcotics;

2. Robbery;

3. Burglary;

4. Auto theft;

5. Stealing;

6. Receiving stolen property;

7. Embezzlement;

8. Extortion;

9. Forgery;

10. Gambling;

11. Bribery;

12. Perjury;

13. Any weapons offense; or

14. Any crime of violence.

B. That the applicant has agreed not to purchase any camera, radio, television set, lawn mower, typewriter, addition machine, calculating machine, copying machine, duplicating machine, tape recorder, tape player, cash register, still or moving picture projector or offset projector, dictating machine, record player, electric buffer, electric polisher, electric floor waxer, computer equipment, fax or any item that is manufactured with a serial number or other identifying insignia, unless the item shall have plainly visible thereon the manufacturer's serial number or other identifying insignia.

C. That the applicant has a camera that will take a clear photograph of the seller and has agreed to use such camera to photograph every person, except as herein provided, in connection with all purchases and/or trade-in allowance of all articles by him, and to make such photographs available to any law enforcement officer or License Collector upon request.
(Ord. 63478 2 (part), 1995: prior: Ord. 57916 2 (part), 1979: Ord. 55790 2 (part), 1971: 1960 C. 680.013.)

8.82.050 Photograph and transaction forms.

A. No secondhand dealer shall accept any article or property as full or part payment, or purchase any article or property unless he shall make a photograph of the person from whom such article is being received and attach such photograph to a transaction form which shall be completed at the time of the transaction.

B. The transaction form shall be supplied by the St. Louis Metropolitan Police Department and shall include, but not limited to, the date and time of sale, place of sale, name, address, date of birth, social security number, driver's license number, if different from social security number of seller, description of seller, home and business telephone number of seller, employee handling the transaction and description of property sold to licensee, and right thumb print of person selling property and any other information required by the police department. If right thumb print cannot be obtained, the left thumb print shall be obtained and the reason why the right thumb print was not available shall be listed on the form. The requirement that the seller be photographed and thumb-printed shall not apply to any purchase or trade-in transaction which occurs at an auction or in the private house or office of the person selling said items but all other requirements as aforesaid shall remain in effect.

C. The photograph and transaction form shall be maintained by the secondhand dealer for a period of one year from the date of the transaction. No secondhand dealer shall refuse to deliver such photograph or transaction form to any law enforcement officer upon request in connection with a specific item of stolen property within one year following the date of the transaction. Every secondhand dealer shall display a notice to his customers in a prominent place to the effect that he is required to photograph and fingerprint every person selling or offering as full or part payment an item to him, by city ordinance.

D. At least sixty days prior to the destruction of a photograph or transaction form, the licensee shall notify, in writing, the police department of his intent to destroy such documents. The police department, at its option, shall request the licensee to turn over all said documents to the police department, and the licensee, upon said request, shall turn over all documents to the police department.
(Ord. 64311 2, 1998: prior: Ord. 63478 2 (part), 1995: Ord. 57916 2 (part), 1979: Ord. 55790 2 (part), 1971: 1960 C. 680.032.)

8.82.051 License--Revocation for violation.

The License Collector of the City of St. Louis shall have power and authority to revoke any license issued under this chapter for any violation of a licensed secondhand dealer of any of the provisions or conditions contained herein; provided such license shall be revoked only after the licensee shall have been notified in writing at his place of business of the violations complained of and shall have been afforded a reasonable opportunity to have a hearing thereon before the License Collector.
(Ord. 63478 2 (part), 1995: prior: Ord. 57916 2 (part), 1979: 1960 C. 680.033.)

8.82.060 Purchase of certain articles.

No secondhand dealer shall purchase any camera, radio, television set, lawn mower, typewriter, adding machine, calculating machine, copying machine, duplicating machine, tape recorder, tape player, cash register, still or moving picture projector or offset projector, record player, dictating machine, electric buffer, electric polisher, or electric floor waxer, computer equipment, fax or any item that is manufactured with a serial number or other identifying insignia unless said item shall have plainly visible thereon the manufacturer's serial number or other identifying insignia.
(Ord. 63478 2 (part), 1995: prior: Ord. 55790 2 (part), 1971: 1948 C. Ch. 57 3: 1960 C. 680.021.)

Cases:

Requirement of city ordinance that junk merchants keep a book of registration held valid. City of St. Louis v. Baskowitz, 201 S.W. 870 (1918).

8.82.090 Reporting certain persons or articles.

In case any suspicious or known dishonest person shall offer for sale to any secondhand dealer, his employee, agent or servant, any article of value or virtue and he has reason to believe from any circumstance that the same has been stolen or acquired by dishonest means, it shall be his duty to at once report the same to the Chief of Police or to the officer on the beat in which his place of business is located. Any failure to so report shall be deemed to be a misdemeanor.
(1948 C. Ch. 57 5: 1960 C. 680.040.)

8.82.100 Sale of secondhand vehicles--Brakes.

No person engaged in the business of selling secondhand motor vehicles shall, within the City, sell, offer or expose for sale any secondhand motor vehicle, except a motorcycle, unless the same shall be equipped with two sets of adequate brakes in good working order, or sell, offer or expose for sale any secondhand motorcycle unless the same is equipped with one set of adequate brakes in good working order.
(1948 C. Ch. 57 6: 1960 C. 680.050.)

8.82.110 Sale of secondhand vehicles--Certificate--Contents.

Every person engaged in the business of selling secondhand motor vehicles shall deliver to the purchaser of every vehicle a certificate describing the vehicle sufficiently for its identification and reciting that the vehicle is equipped with adequate brakes in good working order, signed by the person who signs the certificate transferring the title to the vehicle to the purchaser, if a certificate of title is made out at the time of the sale, otherwise it shall be signed by the person duly authorized to sign the certificate of title. The provisions of this section and Section 8.82.100 shall apply to a conditional sale when the vehicle sold is delivered to the purchaser.
(1948 C. Ch. 57 7: 1960 C. 680.060.)

8.82.120 Sale of secondhand vehicles--Certificate--False.

It shall be unlawful to sign or cause or permit another to sign a certificate as is provided for by Section 8.82.110, if the certificate contains any false statement as to the description of a secondhand motor vehicle, or as to the condition of the brakes thereof.
(1948 C. Ch. 57 8: 1960 C. 680.070.)

8.82.130 Sale of secondhand vehicles--Exception.

The provisions of Sections 8.82.100--8.82.120 shall not apply to motor vehicles operated wholly on tracks.
(1948 C. Ch. 9: 1960 C. 680.080.)

8.82.135 Recycling operations exempted.

There is hereby specifically exempted from the regulations of secondhand dealers as set forth in Sections 8.82.010, 8.82.040, 8.82.050 and 8.82.051, the conducting of recycling operations of aluminum, glass and paper products by persons and organizations.
(Ord. 58160 1, 1980.)

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