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BULLETSt. Louis City Revised Code Chapter 11.44 Markets Part I 

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Chapter 11.44
Markets
PART I. CITY MARKETS

Sections:

11.44.010 Designation by Board of Public Service.
11.44.020 South Broadway Market--Established.
11.44.030 South Broadway Market--Permit and license required.
11.44.040 Designations.
11.44.050 Use by farmers only.
11.44.060 Operation of stand without permit or license.
11.44.100 Management.
11.44.105 Management of Soulard Market.
11.44.110 Rules and regulations generally.
11.44.120 Financial matters.
11.44.130 Marketmasters--Duties.
11.44.140 Marketmasters--Powers.
11.44.150 Marketmasters--Police powers.
11.44.160 Scales and other implements for weighing.
11.44.170 Cleaning market buildings and market places.
11.44.180 Produce quality.
11.44.190 Sales reports.
11.44.200 Location of wagon, auto and market stands.
11.44.210 Removal of vehicles after sale of produce.
11.44.220 Dogs or unruly or dangerous animals.
11.44.230 Exhibition of articles means offer for sale.
11.44.240 Depositing refuse, paper or offal in market place.
11.44.250 Transfer of occupation.
11.44.260 Forfeiture of tenancy--Failure to use stall.
11.44.270 Forfeiture of tenancy--Violations.
11.44.290 Union Market employees.
11.44.300 Employees of Soulard, Biddle and South Markets.
11.44.310 Hours.
11.44.320 Renting or leasing--Stands and stalls.
11.44.330 Renting or leasing--Other space.
11.44.340 Union Market garage--Employees.
11.44.350 Union Market garage--Rates.

11.44.010 Designation by Board of Public Service.

The Board of Public Service, on recommendation of the Director of Streets, shall be and is hereby authorized to designate highways in the city and sections of their surfaces; to prescribe that such sections may be occupied during the time from May to November, inclusive, and under permit hereinafter provided for, by any farmer for the purpose of selling from the street, or from the sidewalk adjacent thereto, or from both, produce raised by him; and also for the purpose of parking his vehicle which shall be used by him only as a place in which to store produce to be sold as hereinbefore prescribed, and not as a stand from which to sell the same; to regulate such occupancy; to grant to any farmer, upon payment by him to the City of ten dollars to maintain such sections, a permit to occupy, during the time aforesaid in one year and for such purposes, a portion of any such section, or a portion of each of any number of such sections; and to revoke any such permit at any time for violation by the permittee of any provision of this chapter, or of any regulation of the Board.
(1948 C. Ch. 38 1 (part): 1960 C. 566.010.)

City Counselor Ops.: 8100

Cases:

City cannot erect building to be used as a market place in the center of a dedicated street. Peters v. City of St. Louis, 125 S.W. 1134, 226 Mo. 62 (1910).

11.44.020 South Broadway Market--Established.

There is established a street market on the east side of south Broadway, between Convent Street and Rutger Street, during the time from May to November, inclusive, and the following part of such street is designated and set aside for the purpose of a street market: The area between the east curb and a parallel line fifteen feet west thereof, extending northwardly to forty feet south of the south line of Convent Street, and extending southwardly to forty feet north of the north line of Rutger Street.

The Director of Streets shall cause such street market to be divided into stands, each stand extending ten feet along the east curb line of South Broadway and numbered consecutively. Such stands may be occupied by any farmer for the purpose of selling, from the street or from the sidewalk adjacent thereto, or from both, provisions raised by him; also for the purpose of parking his vehicle, which shall be used by him only as a place in which to store produce to be sold as heretofore prescribed, and not as a stand from which to sell the same. It shall be the duty of the Director of Streets, or his duly authorized representative, to see that such stands are occupied only by farmers and in conformity with all the requirements of this chapter.
(1948 C. Ch. 38 2: 1960 C. 566.020.)

11.44.030 South Broadway Market--Permit and license required.

Any farmer desiring to use stands under the provisions of Section 11.44.020 for the purpose aforesaid shall file with the Director of Streets an application therefor, together with the written consent of the owner or occupant of the adjacent premises. If the Director is satisfied that the applicant is a person of good moral character whose permit to occupy a street market stand has not heretofore been revoked, he shall issue a permit to occupy such stand during the period aforesaid (except Sundays), and for the purposes aforesaid, upon payment to the License Collector of a fee of fifteen dollars. Upon presentation of such permit, the License Collector shall issue to the applicant the license applied for. Any such permit shall be revoked by the Director of Streets after a hearing, if the holder thereof shall violate any of the provisions of this chapter, or shall have in his employ, at any such stand, a person not of good moral character, or shall conduct his business thereat in a disorderly and unsanitary manner, or shall cheat or defraud a patron of his stand. A farmer desiring to occupy more than one of such stands shall secure the permit and pay the license fee herein required for each stand he occupies. Any license issued under this section shall expire on the last day of November of the year that it is issued, and shall be revoked by the License Collector upon the revocation by the Director of Streets of the permit pursuant to which it was issued.
(1948 C. Ch. 38 3: 1960 C. 569.020.)

11.44.040 Designations.

The following markets owned and controlled by the City are designated as markets:

A. Union Market. City block one hundred twenty-one, fronting one hundred ninety-five feet six inches on the west side of Broadway, by a depth westwardly of two hundred seventy feet, bounded north by Delmar Boulevard, east by Broadway, south by Lucas Avenue and west by Sixth Street, with the buildings thereon, is hereby declared to be a public market, to be known and called the Union Market.

B. Soulard Market. City block number three hundred seventy-four, north comprising an area of three hundred by one hundred thirty feet, bounded on the north by Carroll Street, on the south by Julia Street, on the east by Seventh Street, and on the west by Eighth Street, and City block number three hundred eighty-one, north, comprising an area of three hundred by one hundred thirty feet, bounded on the north by Carroll Street, on the south by Julia Street, on the east by Eighth Street, and on the west by Ninth Street, with the buildings thereon, shall be known as Soulard Market.

C. Biddle Market. City block five hundred sixty-four, lying between Thirteenth Street on the west and High Street on the east and extending northwardly from Biddle Street to O'Fallon Street, together with a strip of land eighty-four feet wide in City block five hundred seventy-five, lying between Thirteenth Street on the west and High Street on the east and extending northwardly from O'Fallon Street to a line eighty-four feet three inches north of and parallel with the north line of O'Fallon Street, with the buildings and appurtenances thereon, is hereby declared to be a public market, to be known and called Biddle Market.

D. South Market. The northeast quarter of the block bounded on the east by Broadway, on the west by Pennsylvania Avenue, on the north by Schirmer Street, and on the south by Courtois Street, the same being City block thirty-one hundred sixteen, with the buildings thereon shall be known as South Market.
(1948 C. Ch. 38 9: 1960 C. 566.030.)

11.44.050 Use by farmers only.

Such section shall be occupied only by farmers, for the purposes prescribed herein, and, subject to regulation of the Board, under the supervision and to the satisfaction of the Director of Streets or of his duly authorized representative.
(1948 C. Ch. 38 1 (part): 1960 C. 566.040.)

City Counselor Ops.: 8100, 10031

11.44.060 Operation of stand without permit or license.

Any person who shall occupy any stand in any street market for the purpose of selling any commodity without first having gained the permit and the license herein provided for, or who shall so occupy such stand after the revocation of such license or such permit, or who shall in any other manner violate the terms of this chapter shall be guilty of a misdemeanor.

It shall be and is hereby declared to be unlawful for any person to occupy any portion of any such section for such purposes without having been granted such permit, or, having been granted the same, after such revocation thereof, and any person who shall do either shall be guilty of a misdemeanor.
(1948 C. Ch. 38 1 (part), 4: 1960 C. 569.030.)

City Counselor Ops.: 8100

11.44.100 Management.

The Director of Public Utilities shall have supervision, control and management of the markets owned by the City, except the financial control elsewhere conferred upon the Comptroller, and shall provide for changes and improvements. He shall enforce the ordinances relating to such markets and shall see to it that no enclosures, stands, fixtures or improvements are erected or permitted in any market or market place that are shabby, unsightly or inconsistent with the character of such markets.
(1948 C. Ch. 38 5: 1960 C. 565.010.)

11.44.105 Management of Soulard Market.

On and after the effective date of the ordinance codified in this section, the Director of Parks, Recreation and Forestry shall have all the powers, duties and functions with respect to Soulard Market and its personnel which were assigned to the Director of Public Utilities by Ordinance 34284, approved September 30, 1925 and Section 11.44.100 of this Code.
(Ord. No. 67986, 2, 6-16-2008.)

11.44.110 Rules and regulations generally.

In addition to the rules and regulations elsewhere prescribed for markets, authority is hereby given to the Director of Public Utilities and Comptroller to make all needful rules and regulations regarding the designation, location and arrangements of market stands, and for the arrangement, stationing and removal of wagons, carts and other vehicles used or brought within the limits of the respective markets or market places. It shall be the duty of the several marketmasters to carry out and enforce such rules and regulations.
(1948 C. Ch. 38 6: 1960 C. 565.020.)

11.44.120 Financial matters.

All proceedings for the collection and return of market rents, renting of space therein, and control of all financial matters connected therewith shall be under the supervision of the comptroller, who shall install a system of accounts for the collection and return of market rents and rental of space.
(1948 C. Ch. 38 7: 1960 C. 565.030.)

City Counselor Ops.: 8100

11.44.130 Marketmasters--Duties.

It shall be the duty of each marketmaster in the market for which he is appointed:

A. To exercise supervision over the markethouse and market place, and to enforce the regulations established for the government thereof;

B. To assign places to wagons or persons attending the market and enforce order among them;

C. To exercise a general care and custody of the markethouse and all appurtenances thereof;

D. To examine the quality of all articles offered for sale in the market, and to seize all blown, unsound, diseased, impure or unwholesome articles exposed for sale;

E. To examine weights and measures of all articles exposed for sale, and to report to the commissioner of weights and measures those that are less weight or measure than represented by the seller according to the provisions of law;

F. To enforce order in the market place and decide all disputes that may arise between buyer and seller touching the weight or measure of any article;

G. To attend at the market every day during market hours;

H. To receive from the comptroller printed tickets for rent of stands and stalls and wagon stands for short periods, and sign and deliver same to renters of stalls.
(1948 C. Ch. 38 8: 1960 C. 568.010.)

11.44.140 Marketmasters--Powers.

To secure an efficient performance of his duties, each marketmaster is invested with full power and authority to summarily enforce all ordinances, rules and regulations in all matters connected with the market for which he is appointed, and all persons are required to obey his rules, regulations and directions in all such matters.
(1948 C. Ch. 38 16: 1960 C. 568.030.)

11.44.150 Marketmasters--Police powers.

It is the duty of each marketmaster to order or remove from the markethouse or market place, in summary manner, any person who is guilty of any violent, turbulent or disorderly conduct, or who shall in any way interfere with him or disturb the marketers or buyers, or who shall violate or refuse to obey any ordinances, rules or regulations for the government or management of the markets and market places, or who shall expose as if for sale, sell, or attempt to sell anything in the market or market places, that is prohibited by ordinance, or who shall sell or offer for sale, or expose as if intended for sale, anything in the market or market place without first having obtained a license or other proper authority so to do according to the spirit and intent of this chapter. For the purpose of enabling the marketmasters of the several markets more effectually to carry out the provisions of this chapter, it shall be the duty of each respectively to apply for and obtain an appointment from the police commissioners as special policemen.
(1948 C. Ch. 38 18: 1960 C. 568.050.)

11.44.160 Scales and other implements for weighing.

Each marketmaster shall keep as many scales and other implements for weighing, duly stamped and certified by the commissioner of weights and measures, as may be necessary to conveniently do weighing in his market, and shall, whenever requested, weigh all articles belonging to marketers and others intended for sale.
(1948 C. Ch. 38 15: 1960 C. 568.020.)

11.44.170 Cleaning market buildings and market places.

The marketmasters shall cause the market buildings and market places to be thoroughly cleaned and kept clean and sanitary and all refuse, filth and debris to be removed from the premises.
(1948 C. Ch. 38 17: 1960 C. 568.040.)

11.44.180 Produce quality.

All produce sold as hereinabove described shall be fresh and wholesome, and shall be uniform in size and quality from the top to the bottom of any box, basket or crate containing the same. Prices of such produce shall be no higher than those of similar produce sold by merchants in the immediate vicinity of such sections.
(1948 C. Ch. 38 1 (part): 1960 C. 571.060, 571.070.)

City Counselor Ops.: 8100

11.44.190 Sales reports.

At the end of each week each such permittee, before departing from the portion of any such section occupied by him, shall report to the representative of the director of streets the value of produce sold and the number of customers served by him during that week.
(1948 C. Ch. 38 1 (part): 1960 C. 571.080.)

City Counselor Ops.: 8100

11.44.200 Location of wagon, auto and market stands.

The director of public utilities and the comptroller are hereby authorized to locate wagon, auto or market stands in such manner that those in the same business shall occupy contiguous spaces.
(1948 C. Ch. 38 19: 1960 C. 571.010.)

11.44.210 Removal of vehicles after sale of produce.

Whenever any person shall have sold or disposed of the commodities brought by him to market for sale, he may be required to remove his vehicle from the market place forthwith.
(1948 C. Ch. 38 20: 1960 C. 571.020.)

11.44.220 Dogs or unruly or dangerous animals.

No person shall bring, or suffer to come with him, into or upon any market place during market hours any dog or unruly or dangerous animal.
(1948 C. Ch. 38 21: 1960 C. 571.030.)

11.44.230 Exhibition of articles means offer for sale.

Whenever any article shall be exhibited in a market, as if the same were intended for sale, whether sold or not, or directly offered for sale or not, such exhibition shall be held to be an exposure of the same for sale, and an offer to sell within the meaning of this chapter.
(1948 C. Ch. 38 22: 1960 C. 571.040.)

11.44.240 Depositing refuse, paper or offal in market place.

No person shall throw or deposit any refuse, paper or offal in any markethouse or market place, or street, sidewalk or driveway adjoining such market place.
(1948 C. Ch. 38 28: 1960 C. 571.050.)

11.44.250 Transfer of occupation.

No person shall make or accept any transfer of any stand or stall or wagon stand, or occupy the same by virtue of such transfer, without the written consent of the comptroller, and any person who shall violate any of the provisions of this section, shall be deemed guilty of a misdemeanor.
(1948 C. Ch. 38 4 (part): 1960 C. 569.040.)

11.44.260 Forfeiture of tenancy--Failure to use stall.

If the tenant of any stand or stall in any city market fails for six consecutive days to expose for sale, at his stand or stall, articles usually sold thereat, unless such failure be proven to the satisfaction of the comptroller to have been caused by sickness, or other unavoidable circumstances, his tenancy shall be forfeited.
(1948 C. Ch. 38 25: 1960 C. 570.030.)

11.44.270 Forfeiture of tenancy--Violations.

If any lessee or renter of any stall or stand or wagon stand, in any city market, be twice convicted of violating any ordinance or rules and regulations in relation to markets, his lease shall be adjudged to be forfeited.
(1948 C. Ch. 38 26: 1960 C. 570.040.)

11.44.290 Union Market employees.

The director of public utilities is hereby authorized to appoint for Union Market, contained in the Union Market building, the following employees: One Marketmaster, who shall have supervision of Union Market, and who shall exercise superintending control over the Soulard, Biddle and South Markets. He shall enforce all rules and regulations adopted by the director of public utilities and comptroller for the operation and conduct of such markets. The marketmaster shall give bond in the sum of two thousand dollars. The director of public utilities shall appoint four market helpers, who shall be under the direction of the marketmaster of Union Market, and who shall perform such duties as may be assigned to them by the marketmaster and one assistant marketmaster. The director of public utilities shall appoint one matron, who shall be under the direction of the marketmaster at Union Market. The director of public utilities shall also appoint one watchman who shall be under the direction of the marketmaster. With the approval of the board of estimate and apportionment, additional employees may be employed for the proper conduct of the Union Market.
(1948 C. Ch. 38 10: 1960 C. 567.030.)

11.44.300 Employees of Soulard, Biddle and South Markets.

The director of public utilities shall appoint the following employees at Soulard, Biddle and South Markets:

Soulard Market: One marketmaster; three market helpers;

Biddle Market: One marketmaster; one market helper;

South Market: One marketmaster.
(1948 C. Ch. 38 11: 1960 C. 567.010.)

11.44.310 Hours.

Union Market shall be open for the sale of provisions and all other articles allowed to be sold therein, from seven a.m. to seven p.m. on week days and from seven a.m. to nine p.m. on Saturdays. Hours for all other markets owned and controlled by the city shall be regulated by the marketmasters of the respective markets with the approval of the director of public utilities and the comptroller.
(1948 C. Ch. 38 14: 1960 C. 567.020.)

11.44.320 Renting or leasing--Stands and stalls.

It shall be the duty of the comptroller to rent or lease all of the stands of the Union Market and stands or stalls and wagon stands in all markets owned by the city for such period of time not exceeding five years and for such rental and upon such terms and conditions as shall be approved, fixed and prescribed by the board of estimate and apportionment.
(Ord. 47040 1, 1954: 1960 C. 570.010.)

City Counselor Ops.: 8100

11.44.330 Renting or leasing--Other space.

It shall be the duty of the comptroller to rent or lease any space in the Union Market, not used or required for use as stands or stalls, for any mercantile business not forbidden by law, or for passenger or express terminals and waiting rooms for buses or other conveyances, with such offices and conveniences as are usually incident thereto, for such period not to exceed five years, and at such rental and upon such terms and conditions as shall be approved, fixed and prescribed by the board of estimate and apportionment; provided, further, that no part of the premises so leased shall be used for any business competing or interfering with the regular tenants of the market.
(Ord. 47040 2, 1954: 1960 C. 570.020.)

City Counselor Ops.: 8100

11.44.340 Union Market garage--Employees.

The director of public utilities is hereby authorized to appoint for the Union Market garage the following employees:

A. One superintendent of the Union Market garage, who shall have supervision, except the financial control elsewhere conferred upon the comptroller, over the Union Market garage. He shall perform the duties which now are, or hereafter may be, imposed upon him by the director of public utilities, and in addition thereto he shall enforce all rules and regulations adopted for the operation and maintenance of Union Market garage;

B. One head floorman, who shall perform such duties as may be assigned to him by the superintendent;

C. Four floormen who shall perform such duties as may be assigned to him by the superintendent;

D. One elevator operator and one janitor;

E. Additional employees may be employed as may be necessary for the proper conduct of the Union Market garage.
(1948 C. Ch. 38 31: 1960 C. 572.010.)

11.44.350 Union Market garage--Rates.

The comptroller is hereby authorized, with the approval of the board of estimate and apportionment, to establish rates of hourly, daily and monthly parking of automobiles and trucks in the Union Market garage. He shall install a system of accounts for the collection of all fees and charges for the storage of automobiles and trucks in such garage and shall appoint the following employees:

A. One collector, who shall perform the duties assigned to him by the comptroller, and who shall be responsible for the fees and charges collected by him for the storage of automobiles and trucks in such garage. The collector shall give bond in the sum of three thousand dollars;

B. One assistant collector, who shall perform the duties assigned to him by the collector. The assistant collector shall give bond in the sum of two thousand dollars.
(1948 C. Ch. 38 32: 1960 C. 572.020.)

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