St. Louis City Revised Code Chapter 8.28A

Chapter 8.28A
BRICK DEALERS

Sections:

8.28A.010 Findings--Theft of bricks.
8.28A.020 Definitions.
8.28A.030 Brick dealer’s permit--Required.
8.28A.040 Brick dealer’s permit--Application--Issuance.
8.28A.050 Brick dealer’s permit--Revocation.
8.28A.060 Photograph of brick seller required.
8.28A.070 Demolition permit requirements.
8.28A.080 Register of transactions required.
8.28A.090 Penalty for violation.

8.28A.010 Findings--Theft of bricks.

The Board of Aldermen of the City finds and determines as follows:

A. The theft of bricks from structures in the City is increasing;

B. Such thefts harm the public health, safety and welfare, in that:

1. Such thefts are often done by total or partial demolition of structures by persons who do not take precautions against the dangers of demolition;

2. The structures from which bricks are stolen are frequently left in a condition which is dangerous;

3. Correction of such condition is an economic hardship on the owners and entails expense to City agencies;

4. Many structures from which bricks are being stolen are the property of the Land Reutilization Authority, which, when it loses a building, loses its investment therein of public funds and a potential source of revenue;

5. The loss of brick structures impairs efforts to rehabilitate and revive neighborhoods;

6. Saint Louis bricks are a valuable construction materials, and the shipment of stolen bricks to points outside the City contributes to increased construction costs within the City.

C. Prevention of brick thefts under existing law and ordinances is difficult, in that:

1. Many brick thefts occur at night and/or in areas with low population density;

2. Many citizens are afraid to report brick thefts in progress;

3. If brick thefts are not detected in progress, proof of the theft is difficult, since bricks are difficult to trace to the structures from which they were removed, and since disproving assertations as to how bricks were acquired is difficult.

D. Brick thefts are a substantial and serious problem for this City, requiring, for the protection of the public health, safety, and welfare that the sale to and purchase by brick dealers of used bricks be regulated in such a way as to deter brick thefts. (Ord. 59429 § 1, 1985.)

8.28A.020 Definitions.

As used herein, the following terms have the following meanings:

A. "Accept" used bricks means to assume possession or control of used bricks, whether or not payment is made therefor.

B. "Brick" means a unit of building or street paving material, commonly made of clay hardened by heat, or of cinders, generally rectangular in shape, building bricks being generally smaller than paving bricks.

C. "Brick dealer" means a person or entity engaged in brick dealing, and his agents or employees.

D. "Brick dealing" means purchasing, or purchasing and selling, used bricks, as a business activity, at one or more fixed locations.

E. "Used brick" means all bricks other than those which have never been used for building or paving purposes. (Ord. 59429 § 2, 1985.)

8.28A.030 Brick dealer’s permit--Required.

On and after the thirtieth day after the effective date of this ordinance, no person shall engage in brick dealing in the City without having a brick dealer’s permit issued pursuant to Section 8.28A.040. (Ord. 59429 §3, 1985.)

Editor’s Note:

Ordinance 59429 was approved March 4, 1985.

8.28A.040 Brick dealer’s permit--Application--issuance.

A. Application for a brick dealer’s permit shall be made to the Director of Public Safety on a form provided by such Director and shall state where the business is to be carried on. A brick dealer shall have a separate brick dealer’s permit for each place at which he purchases or sells bricks. A brick dealer’s permit shall be issued for a period of one year. Before any license shall be issued, the Director of Public Safety shall procure:

1. The applicant’s written statement that the applicant has installed or has at the place of business for which the permit is sought a proper camera and has agreed to use it to photograph each person selling or otherwise transferring bricks to the applicant as required by Section 8.28A.060 hereof, and to make the photographs taken available to police officers or Department of Public Safety employees upon request as required by Section 8.28A.060 hereof;

2. The applicant’s written statement that the applicant will maintain a register as required by Section 8.28A.080 hereof, and will make the same available for inspection by police officers or Department of Public Safety employees upon request;

3. The applicant’s acknowledgement of his obligation to require display of a demolition permit before accepting used bricks as required by Section 8.28A.070 hereof.

B. At the time of issuance of a brick dealer’s permit, the Director of Public Safety shall furnish a copy of this ordinance to the permittee.

C. No fee shall be required for a brick dealer’s permit under this chapter, provided, however, that brick dealers shall be subject to all license and tax requirements imposed by or pursuant to other applicable ordinances. (Ord. 59429 § 4, 1985.)

8.28A.050 Brick dealer’s permit--Revocation.

In addition to the penalties provided by Section 15.82.090 for violations of this ordinance, the Director of Public Safety shall have power and authority to revoke any permit issued under this chapter for any violation by a brick dealer at the location for which the permit was issued of any of the provisions of this chapter. Such a permit may be revoked only after the permittee shall have been notified in a notice addressed to him at his mailing address as indicated on his brick dealer’s permit application of the violation complained of. Such notice shall also state that a hearing will be held before the Director of Public Safety on a date certain but not sooner than ten days after mailing of the notice, on the subject of revocation of the permit in question. Such hearings shall be, and be conducted as, "contested cases" under Chapter 536, Revised Statutes of Missouri as amended. In the event of revocation of a permit by the Director of Public Safety under this section, such Director shall notify all licensing authorities of the City, which shall proceed in the manner provided under this section to initiate proceedings for revocation of any license relating or pertaining to business activities of the brick dealer related to his business as a brick dealer, for example, a demolition contractor’s license. (Ord. 59429 § 5, 1985.)

8.28A.060 Photograph of brick seller required.

No brick dealer shall accept any used bricks from any person unless he shall make a photograph of such person holding the demolition permit for the structure from which such bricks were removed, in such a way that the demolition permit number and the issuing authority’s name are visible in the photograph. All such photographs shall be developed and kept by the brick dealer at the location where the bricks were accepted by the dealer or to which the bricks were transported by the dealer after acceptance, for a period of one year from the date of the acceptance and shall be available to the police officers or Department of Public Safety employees for inspection during the brick dealer’s normal business hours, and shall be furnished to them upon their written request. Failure to take, have developed, keep, or make available a photograph as required in this section is a violation of this chapter. (Ord. 59429 § 6, 1985.)

8.28A.070 Demolition permit requirements.

A. No brick dealer shall accept used bricks unless a demolition permit is displayed for the demolition of the structure from which the bricks were removed.

B. No brick dealer shall accept used bricks from a person displaying a demolition permit issued by the Division of Building and Inspection of the Department of Public Safety of the City of St. Louis, if the expiration date on such permit is sixty or more days prior to the date it is displayed to the brick dealer, or if such dealer knows or in the exercise of ordinary care should know that such permit is forged or has been altered in any respect. The Director of Public Safety shall encourage brick dealers to verify data on demolition permits, and shall endeavor to make such verification as convenient as possible for brick dealers.

C. A failure of compliance by a brick dealer with this section in any respect is a violation of this chapter. (Ord. 59429 § 7, 1985.)

8.28A.080 Register of transactions required.

A. Every brick dealer shall keep a written register at each location where he engages in brick dealing. Such register shall show, for each transaction involving acceptance of used brick by the dealer at that location:

1. The date and time thereof;

2. The seller’s or transferor’s name, address, motor vehicle operator’s or chauffeur’s license number and social security number;

3. The quantity of brick sold or transferred;

4. The consideration paid or payable for such brick, if any;

5. The seller or transferor’s statement of the location from which the brick was obtained;

6. The issuing authority, demolition permit number, and the date of each demolition permit displayed to him pursuant to Section 8.28A.070.

B. The register required by subsection A of this section of this chapter shall be open to inspection and copying by police officers or Department of Public Safety employees during the brick dealer’s normal business hours.

C. The making of a false entry in, or the failure to make a complete entry of a transaction in, the register as required by subsection A of this section is a violation of this chapter. (Ord. 59429 § 8, 1985.)

8.28A.090 Penalty for violation.

Violation of any provision of this chapter shall be punishable by a fine of not less than two hundred fifty dollars ($250.00), or up to 30 days in jail, or a combination of such fine and imprisonment. (Ord. 59429 § 9, 1985.)

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