ST. LOUIS PUBLIC LIBRARY
PREMIER LIBRARY SOURCES
HOME KIDZONE CATALOG SEARCH BULLET



BULLET St. Louis City Revised Code Chapter 8.86 Solid Fuel

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 8.86
Solid Fuel

Sections:

8.86.010 Definitions.
8.86.020 Emergency supplies.
8.86.030 Name, address and permit number to be displayed on vehicles.
8.86.040 Permit--Required.
8.86.050 Permit--Application--Contents.
8.86.060 Permit--Application--Investigation.
8.86.070 Permit--Approval or disapproval--Appeal.
8.86.080 Permit--Approval or disapproval--Protests.
8.86.100 Permit--Fees--Fuel peddlers.
8.86.110 Permit--Refusal--Revocation.
8.86.120 Permit--Revocation.
8.86.130 Vehicles.
8.86.140 Register.
8.86.150 Surety requirements.
8.86.160 Bond--Required.
8.86.170 Bond--Conditions.
8.86.180 Bond--Beneficiaries.
8.86.190 Bond--Endorsement.
8.86.200 Registration sticker.
8.86.210 Change of supply source.
8.86.220 Inspections.
8.86.230 Furnishing different coal from that contracted.

V.A.M.S.:

413.130--413.150 Sale of coal at actual weight

City Counselor Ops.: 8223

McQuillin:

26.108 Coal, lumber and fuel dealers and yards

8.86.010 Definitions.

Whenever the following terms are used in this chapter, they shall have the meanings respectively ascribed to them in this section, unless otherwise provided:

A. "Commissioner" means the Commissioner of Smoke Regulation.

B. "Fuel hauler" means any person engaged in the practice of hauling solid fuel.

C. "Fuel peddler" means any person who lawfully stores, distributes, advertises, sells, offers for sale or delivery, solid fuel in quantities of less than one thousand pounds in bags, baskets or bushel measures.

D. "Haul" means the hauling, transporting, distributing or delivering of solid fuel for use or consumption in the City by any person, regardless of the person's interest in the solid fuel other than its haulage, transportation, distribution or delivery.

E. "Solid fuel" means any anthracite, semi-anthracite, bituminous or lignite coal, briquette, boulets, coke, gas-house coke, petroleum coke, carbonized coal, petroleum carbon or any other mined, manufactured, processed or patented fuel not sold by liquid or metered measure.

F. "Solid fuel permit" means certificate of authority under which any person may lawfully produce or haul solid fuel for use or consumption in the City.

G. "Storage" or any other word derived from the word "store" means solid fuel stored for immediate or future hauling.

H. "Vehicle" means any wagon, cart, truck, machine, tractor, trailer, semi-trailer, automobile or vehicle of any kind used for the importing or hauling of solid fuel on the streets of the City.
(Ord. 45229 1 (part), 1950: 1948 C. Ch. 62 1: 1960 C. 647.010.)

8.86.020 Emergency supplies.

Nothing in this chapter shall be construed to govern or prohibit any person from hauling an emergency supply of solid fuel in an amount not to exceed two hundred and fifty pounds of solid fuel for his own individual use; provided, that the limited supply of solid fuel has been procured from a permittee under this chapter; and provided further, that the emergency supply of solid fuel is in compliance with all City ordinances regulating smoke control and the production, handling, importing, storing, selling, transporting, hauling, advertising, delivering, distributing, use of or the consumption of solid fuel.
(1948 C. Ch. 62 2: 1960 C. 647.020.)

8.86.030 Name, address and permit number to be displayed on vehicles.

Every person who shall haul any solid fuel must display, and keep displayed at all times, in a prominent place on both outer sides of each vehicle used for hauling, his name, solid fuel permit number and address by street and number in letters not less than three inches in height so that it may be readily distinguishable at all times.
(1948 C. Ch. 62 3: 1960 C. 647.030.)

8.86.040 Permit--Required.

No person shall produce, import or haul solid fuel, nor store any solid fuel for immediate or future hauling for use in the City, without first obtaining a solid fuel permit so to do, and all permits shall be for the period ending on the thirty-first day of March next after their issuance.
(Ord. 45229 1 (part), 1950: 1948 C. Ch. 62 4: 1960 C. 647.040.)

8.86.050 Permit--Application--Contents.

Any person making application for a solid fuel permit shall file a statement on a printed form provided by the Division of Smoke Regulation of the Department of Public Safety for that purpose, stating:

A. The names, residence and location of the place of business of the applicant;

B. If the applicant is a firm, the name of each member of the firm and the location of the chief place of business;

C. If the applicant is a corporation, the names and addresses of the president, secretary and the business manager or superintendent thereof;

D. The precise nature of the business to be carried on by the applicant;

E. The name of the person in charge of each business place of the applicant in the City where solid fuel is to be hauled, transported, stored, delivered, distributed, advertised or offered for sale, delivery or distribution, use or consumption;

F. The location of the branches and yards, owned or controlled by the applicant, and the average annual quantity of solid fuel hauled and distributed for use or consumption in the City;

G. Where solid fuel is imported or hauled from localities outside of the City, or purchased from other parties within the City, a detailed statement of the localities or places from which the solid fuels are brought and the names and post office addresses supplying the fuel, the location of the shipping stations, if any, and a statement of the average quantity received from each person annually;

H. He shall register each vehicle and report the state vehicle license number and the description of each vehicle, including the weight and capacity, to be used in hauling solid fuel;

I. If any change is made in the firm, officers, managers, superintendents, location, residence, nature of business, vehicles, or in the names or addresses of shippers or other persons supplying solid fuel or any other matter of information required by this section, written notice of the change must be given to the Commissioner of Smoke Regulation for insertion in, and correction of, the records of the Division of Smoke Regulation.
(1948 C. Ch. 62 18: 1960 C. 647.180.)

8.86.060 Permit--Application--Investigation.

The Commissioner shall examine, consider and keep a record of all applications for solid fuel permits and the bonds submitted therewith. He shall make investigations as he deems necessary and proper for his determination as to the fitness of the applicant and the sufficiency of the application.
(Ord. 45229 1 (part), 1950: 1948 C. Ch. 62 15: 1960 C. 647.150.)

8.86.070 Permit--Approval or disapproval--Appeal.

After a reasonable time for his investigation the Commissioner shall either approve or disapprove the application, and post a notice of his decision in his office. If he shall refuse to issue the permit he shall notify the applicant, stating the reason therefor. The applicant, within ten days after being notified of the refusal, may appeal to the Board of Public Service from the decision of the Commissioner, and the Board, after a hearing, may direct the Commissioner to issue the permit or approve his action in refusing to do so.
(Ord. 45229 1 (part), 1948 C. Ch. 62 16: 1960 C. 647.160.)

8.86.080 Permit--Approval or disapproval--Protests.

If after ten days from the date of posting his decision approving the application no protest has been filed with him stating the facts on which the same is based, the Commissioner shall issue a solid fuel permit to the applicant; and if a protest is filed and the Commissioner is satisfied that the grounds stated therein are sufficient to warrant him in so doing, he shall reconsider his decision, furnish the applicant with a copy of the protest, and notify the person filing the same and the applicant of the date of a hearing thereon in his office not less than five days after the receipt of the notice. After the hearing at which both the applicant and the protestant may appear by counsel and submit testimony, the Commissioner shall decide whether to issue the permit or to refuse to do so.
(Ord. 45229 1 (part), 1950: 1948 C. Ch. 62 17: 1960 C. 647.170.)

8.86.100 Permit--Fees--Fuel peddlers.

Every person who shall make application for a solid fuel permit as a fuel peddler shall pay the sum of five dollars as and for the annual registration fee and the registration cost of one truck. The sum of two dollars shall be charged as registration cost for each additional truck registered under a solid fuel permit, as provided in Section 8.86.130.
(Ord. 55101 1 (part), 1968: 1948 C. Ch. 62 13: 1960 C. 647.130.)

8.86.110 Permit--Refusal--Revocation.

The Commissioner may refuse to issue a solid fuel permit if he shall find that the applicant therefor has, within five years next before filing his application, violated any ordinance of the City regulating the sale, transportation, use or consumption of solid fuel, or any ordinance of the City prohibiting misrepresenting the size, quality, weight, or method of preparation of solid fuel; and the Board of Public Service may approve the action of the Commissioner in refusing to issue a solid fuel permit or may revoke a solid fuel permit theretofore issued if it shall find, after a hearing, that the applicant, or the permittee as the case may be, has violated any of the ordinances aforesaid within five years last past.
(Ord. 45229 1 (part), 1950: 1948 C. Ch. 62 20: 1960 C. 647.200.)

Cases:

A St. Louis ordinance (Ord. 41586) authorizing the smoke commissioner to revoke a permit for carrying on the business of coal dealer held unconstitutional for failure to set up any standards of guidance or limitation. Triangle Fuel Co. v. Caufield, 196 S.W. 2d 296 (1946).

8.86.120 Permit--Revocation.

The Commissioner of Smoke Regulation, with approval of the Board of Public Service, may revoke any permit for any of the same reasons for which he shall refuse to issue a permit.
(1948 C. Ch. 62 21: 1960 C. 647.210.)

8.86.130 Vehicles.

No person shall haul, or cause to be hauled, any solid fuel in any vehicle which is not in compliance with the requirements of this chapter. Vehicles used for hauling solid fuel must be registered and described in the Division of Smoke Regulation by a solid fuel permittee, as a vehicle owned or exclusively controlled by such permittee. No vehicle may be registered by more than one permittee.
(1948 C. Ch. 62 5: 1960 C. 647.050.)

8.86.140 Register.

The Commissioner of Smoke Regulation shall have and keep a public register of each solid fuel permit issued by the number thereof, the name of the person to whom it is issued, the date when issued, the date of expiration, the amount paid therefor, the amount of the bond furnished by the permittee upon making application for such permit, together with the name and address of the surety, the number of vehicles and the description of each vehicle registered, and other information as he may reasonably require and information as may be required by this chapter or any ordinances with respect to the storing, handling, importing, selling, hauling, trading or exchanging, transporting, delivering, distributing, advertising or offering for sale, delivery or distribution, use or consumption of any solid fuel in the City.
(1948 C. Ch. 62 6: 1960 C. 647.060.)

8.86.150 Surety requirements.

With the exception of fuel peddlers, no permit shall be issued or remain in force, unless the applicant for the permit or the permittee has complied with the surety requirements as set forth in this chapter.
(1948 C. Ch. 62 7: 1960 C. 647.070.)

8.86.160 Bond--Required.

Before an application for a permit shall be approved, the applicant shall file a bond with the Commissioner of Smoke Regulation executed by some surety company, insurance company, association or other insurer authorized and licensed to transact business in the state. This bond is to be in the name of the City in the sum of one thousand dollars.
(1948 C. Ch. 62 8: 1960 C. 647.080.)

8.86.170 Bond--Conditions.

The bond shall be conditioned as follows:

A. To save harmless any person or purchaser involved in any transaction with the permittee so bonded pertaining to the importing, producing or hauling of solid fuel for consumption in the city;

B. A person obtaining the permit shall not violate any of the provisions of this chapter or any ordinance or law regulating the hauling, handling, storing, importing, selling, trading, exchanging, transporting, delivering, distributing, using, consuming, advertising or offering for sale, delivery, distribution, use or consumption of solid fuel in the city;

C. The permittee will pay all fees required in this chapter or in any other ordinance, together with all fines, penalties or forfeitures which may be adjudged against him under the provisions of this chapter or any other law or ordinance regulating the handling, storing, using, consuming, importing, selling, hauling, trading, exchanging, transporting, delivering, distributing or advertising or offering for sale, delivery or distribution of solid fuel for use or consumption in the city.
(1948 C. Ch. 62 9: 1960 C. 647.090.)

8.86.180 Bond--Beneficiaries.

The bond required by this chapter shall be for the use and benefit of the city and all persons who shall purchase, use, consume or be financially interested in any solid fuel hauled, imported or produced in the city. The bond shall give assurance and guarantee to the city and all persons against loss, damage, fines or penalties by reason of any violation, on the part of the permittee under the provisions of this chapter or any other ordinances of the city regulating the handling, storing, importing, selling, hauling, trading, exchanging, transporting or delivering, distributing or advertising or offering for sale, delivery or distribution, use or consumption of solid fuel.
(1948 C. Ch. 62 10: 1960 C. 647.100.)

8.86.190 Bond--Endorsement.

The bond required by this chapter shall be in the usual form of a surety bond.

It shall contain the following endorsement: "The surety bond to which this endorsement is attached is designed and issued to comply with the provisions of an ordinance of the City of St. Louis, Missouri, entitled 'An ordinance regulating the producing, importing, storing, transporting, hauling, delivering and distributing of solid fuel and solid fuel products, providing for the issuance and revocation of solid fuel permits, requiring the furnishing of a bond and the payment of a fee for the issuance of such permit; prescribing the powers and duties of the commissioner of smoke regulation, the department of public safety, and the board of public service in the enforcement thereof; and providing penalties for the violation of this ordinance; and repealing all ordinances or parts of ordinances in conflict therewith, and containing an emergency clause.' It is understood and agreed that the said bond shall provide surety and guarantee for the name assured required by the said ordinance for his compliance with said ordinance and with Ordinance 41804 of the City of St. Louis, creating a division of smoke regulation in the department of public safety. Should anything contained in this bond conflict with the provisions of the said ordinance, then the provisions of the said ordinance shall prevail to the extent of the coverage of the limits of liability described in said ordinance. It is understood and agreed that the right of any purchaser, consumer or any other person thereunder shall not be affected by any violation of any provisions of the bond, but all the terms and conditions of the bond shall remain in full force and be binding between the company and the assured, the City of St. Louis and any person suffering loss or damage or prosecution by reason of any violation of said ordinances by, or on the part of the assured. It is also understood and agreed that no cancellation of this bond at the request of the name assured or the company shall become effective until after the expiration of ten days' written notice of such proposed cancellation has been filed with the commissioner of smoke regulation of the City of St. Louis, Missouri."
(1948 C. Ch. 62 11: 1960 C. 647.110.)

8.86.200 Registration sticker.

For each truck registered under the terms of this chapter, the division of smoke regulation shall provide a suitable sticker, certifying that the truck is properly registered for the current year. This sticker shall be permanently attached to the windshield of such truck in the lower left hand corner thereof.
(1948 C. Ch. 62 14: 1960 C. 647.140.)

8.86.210 Change of supply source.

If a permittee wishes to purchase solid fuel from a source of supply not given on the list submitted at the time the application for permit is made, the commissioner of smoke regulation shall be notified.
(1948 C. Ch. 62 19: 1960 C. 647.190.)

8.86.220 Inspections.

In the general performance of their duties or for the purpose of obtaining facts with respect to the compliance with this chapter, the commissioner of smoke regulation and the smoke regulation inspectors are authorized to enter, at reasonable hours, the buildings, establishments, premises and enclosures in or from which they have reason to believe that the provisions of this chapter are being violated. They may inspect or examine such buildings, establishments, premises or enclosures, and shall be permitted to examine all books, papers and records pertaining to solid fuel.
(1948 C. Ch. 62 22: 1960 C. 647.220.)

8.86.230 Furnishing different coal from that contracted.

Any person having contracted to furnish a certain kind of coal, and who shall, without notice to the purchaser, furnish a kind of coal different from that called for by the contract, shall be deemed guilty of a misdemeanor.
(1948 C. Ch. 62 23: 1960 C. 647.230.)

Cases:

In prosecution under ordinance making it a misdemeanor to deliver a kind of coal different than that contracted for, whether size of coal specified fell within purview of ordinance was for jury. City of St. Louis v. Braudis Coal Co., 137 S.W. 2d 668 (1940).

Return to Top of Charter, Code, and Ordinances.
Return to Title 8
Return to Code Table of Contents

HOME | KIDZONE | CATALOG | CONTACT US | SEARCH | HINTS