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BULLET St. Louis City Revised Code Chapter 20.36 Use by Merchants

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 20.36
Use by Merchants

Sections:

20.36.010 Merchandise display--Permit required.
20.36.020 Width of sidewalk areas.
20.36.030 Public hearing.
20.36.040 Permits for a period of three (3) days or less.
20.36.050 Permit cost, insurance, inspection and display of permit.
20.36.060 Temporary use for shipping and receiving.
20.36.070 Prohibitions and penalties.
20.36.080 Annual renewal.

20.36.010 Merchandise display--Permit required.

Any person, firm, corporation or other entity wishing to expose, offer any merchandise, new or used, food, horticultural product, or services by auction or otherwise upon any public street, sidewalk, or other public place or on private property abutting and in view of any public street, sidewalk or public place shall first obtain the written consent of the owner or tenant of the abutting property and a permit from the Board of Public Service. The issuance of any permits pursuant to this section shall be subject to the conditions set forth in this chapter.
(Ord. No. 68604, 14, 3-16-2010.)

20.36.020 Width of sidewalk areas.

No permit shall be issued hereunder for occupying sidewalks of ten (10) feet or less in width measured from the curb; sidewalks of more than ten (10) feet and less than twelve (12) feet in width shall be limited to three (3) feet for such occupancy; those of twelve (12) feet and less than fifteen (15) feet in width shall be limited to four (4) feet for such occupancy; those of more than fifteen (15) feet shall be limited to five (5) feet for such occupancy.
(Ord. No. 68604, 14, 3-16-2010.)

20.36.030 Public hearing.

Prior to the issuance of any permit for a period of more than three (3) days, the Board of Public Service shall conduct a public hearing. The applicant shall provide the Office of the Secretary, Board of Public Service, on forms approved by that office, the location, the type of merchandise to be displayed and the extent of the sidewalk planned to be occupied and proof of current payment of all state and local taxes. The Office of the Secretary, Board of Public Service, shall cause placards to be placed at the subject premises, and at each end of the block where the subject premise is located for a period not less than fourteen (14) days before the scheduled public hearing and notice shall be given to the Alderman of the ward in which the property is located.
(Ord. No. 68604, 14, 3-16-2010.)

20.36.040 Permits for a period of three (3) days or less.

The Board of Public Service may issue permits for the use of any public street, sidewalk or other public place, or private property abutting and in view of any public street, sidewalk or other public place to any person, firm, corporation or other entity for a period of time not to exceed three (3) days without holding a public hearing as provided in Section 20.36.030. No such permit shall be issued for the same location or any portion thereof within six (6) months following the prior issuance of a permit as provided in this section, unless a public hearing is held.
(Ord. No. 68604, 14, 3-16-2010.)

20.36.050 Permit cost, insurance, inspection and display of permit.

A. Upon approval of the application by the Board of Public Service, the applicant shall pay to the Department of Streets a fee of one hundred dollars ($100.00) for the permit to display merchandise plus one dollar ($1.00) per square foot of sidewalk being utilized for the display of merchandise. Such fee shall be for the investigation of conditions and inspection of the public street and sidewalk and shall be paid annually.

B. The applicant shall keep harmless and defend the City from all damages which may be sustained by it and all claims which may be made against it by reason of any injury to person or damage to property resulting from anything done in connection with the permit, and for this purpose an insurance policy providing coverage up to $100,000 for injury to any one person, $300,000 for injury to any two or more persons, and $25,000 for property damage, conditioned as above, approved by the City Counselor as to form and by the Comptroller as to surety, shall be filed with the Comptroller before the permit is issued.

C. All permittees shall maintain a copy of the merchandise display permit so positioned at the premises as to be conspicuous and visible to the public.

D. The Director of Streets shall cause to be made frequent inspections of all locations having merchandise display permits.
(Ord. No. 68604, 14, 3-16-2010.)

20.36.060 Temporary use for shipping and receiving.

Merchants and manufacturers may occupy with their merchandise not more than one-half ( 1/2) of the width of the sidewalk upon which the respective merchants' or manufacturers' place of business abuts without obtaining a permit; provided, that the merchant, manufacturer, their agents or suppliers are actively engaged in the shipping or receiving of merchandise, that such use does not exceed two (2) hours in duration and that such merchandise shall not remain on the sidewalk when the place of business abutting upon such sidewalk is not open for business.
(Ord. No. 68604, 14, 3-16-2010.)

20.36.070 Prohibitions and penalties.

A. No person, firm, corporation or other entity who shall occupy any portion of the public street, sidewalk or other public right-of-way area or private property abutting and in view of such public area for the purpose of displaying or offering for sale, by auction or otherwise, any new or used merchandise, food horticultural products or services without a merchandise display permit. Any person, firm, corporation or other entity displaying merchandise without permit shall upon conviction, be fined not less than fifty dollars ($50), nor more than five hundred dollars ($500), for each such offense. Each day's violation shall constitute a separate offense.

B. No person, firm, corporation or other entity, having properly obtained a merchandise display permit, shall encroach into the public right-of-way beyond the area allowed by the permit. Any object or objects found illegally encroaching into the public right-of-way shall be subject to removal as authorized by Ordinance 60850, codified as Sections 20.28.010 through 20.28.050 of the Revised Code.

C. The Board of Public Service may revoke for cause any merchandise display permit it has issued if in the opinion of said Board, the public interest demands such revocation. Such cause shall include, but not be limited to, failure to maintain insurance as required in this chapter, failure to properly display the permit, failure to properly maintain the sidewalk area, failure to keep the area neat and orderly, for more than one instant of encroachment into the right-of-way beyond the range of the permit or for displaying items prohibited by law.
(Ord. No. 68604, 14, 3-16-2010.)

20.36.080 Annual renewal.

A. Because permits for the private use of public rights-of-way are temporary in nature and under the provisions of Article XIII, Section 5(b) of the City Charter may be revoked at will by the Board of Public Service; the permittee shall make an application for renewal of existing permits at least annually.

B. The Secretary of the Board of Public Service shall send a notice to the holder of the permit that unless an application for renewal is received by the Board thirty (30) days prior to the day and month of approval of the permit, the permit will be revoked effective on the anniversary date thereof.

C. The application for renewal shall be made as provided in Section 20.36.030 of the Revised Code.
(Ord. No. 68604, 14, 3-16-2010.)

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