[R.O. 2009 § 205.680; R.O. 2006
§ 610.020; Ord. No. 81 § 3, 3-20-1961]
Every restaurant shall display at
all times in a place designated by the St. Louis County Health Commissioner,
a notice approved by the St. Louis County Health Commissioner stating
the grade of the establishment.
[Ord. No. 4199, 2-24-2022]
A.
Purpose.
The crime of theft of motor fuel can be dramatically reduced by requiring
a person to prepay or have preapproval before having access to fuel.
Allowing persons to obtain fuel without prepayment or preapproval
creates a situation where persons can attempt to drive-off without
payment, which can endanger the public in various ways including the
reckless driving of the person driving off, and requires many resources
to investigate such crime which could be used for other police services.
Therefore, the purpose of enacting prepayment or preapproval requirements
for fuel purchases, in accordance with this Section, is to protect
and enhance the public health, safety, and welfare of the residents
and businesses of the City and of those persons traveling upon the
highways, roads, and streets of the City.
B.
PAYMENT
PREAPPROVAL
PREPAYMENT
Definitions.
As used in this Section, the following terms shall have the following
meanings:
Tender of any legal means, including cash (accepted official
government currency), credit card, debit card, check, money order,
or otherwise acceptable form of payment, including established charge
accounts. Tendering such legal means to be finalized at the conclusion
of the transaction shall be considered payment in full.
Preapproval means that the business has issued an identification
card to the purchaser that verifies and records the purchaser's driver's
license information.
Prepayment means Payment in advance for any quantity of gasoline
or diesel fuel sold at any time.
C.
General
Requirement and Prohibitions. All business establishments with retail,
self-service, fuel pumps located thereon must require Prepayment or
Preapproval in advance for any quantity of fuel sold at any time,
except as provided herein. It shall be unlawful for any person to:
1.
Activate any gasoline and/or diesel fuel-pumping device prior to
receiving Payment in full or providing Preapproval for the gasoline
and/or diesel fuel dispensed.
2.
Allow or permit any person to dispense gasoline and/or diesel fuel
from a fuel-dispensing unit or fuel-pumping device at a retail fuel
business unless the person has first made Prepayment for the amount
of fuel to be dispensed or received Preapproval.
D.
Scope
and Exception. This Section shall apply to all businesses of any kind
within the City that sell gasoline and/or diesel fuel with retail,
self-service fuel pumps. However, this Section shall not apply to
bulk or wholesale delivery of fuel.
E.
Affirmative
Defense. It shall be an affirmative defense if the person allows the
dispensing of gasoline or diesel fuel for the purpose of repair and/or
testing of the dispensing device used by the business.
F.
Penalties. A person commits an offense if he or she knowingly performs an act prohibited by this Section, or knowingly fails to perform an act required by this Section. Any person, employee, owner, manager/supervisor, assistant, agent, or retail fuel business establishment who violates any provision of this Section shall be subject to penalties and/or monetary fines as set forth in Section 100.120. In each instance of violation of this Section, the Prosecuting Attorney may recommend a minimum fine, in addition to any other recommendations, as set forth below:
1.
For first violations or situations not addressed below, the Prosecuting
Attorney shall use his or her discretion, not to exceed two hundred
dollars ($200.00) for the first violation.
2.
For a second violation committed within a twelve-month period beginning
with the first violation: two hundred and seventy-five dollars ($275.00).
3.
For a third violation committed within a twelve-month period beginning
with the first violation: three hundred and fifty dollars ($350.00)
.
4.
For a fourth or subsequent violation committed within a twelve-month
period beginning with the first violation: four hundred dollars ($400.00).
