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6756
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6756
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Last modified
8/19/2009 10:11:26 AM
Creation date
11/5/2014 12:25:45 PM
Metadata
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City Ordinances
Passed
10/6/2008
Ordinance Number
6756
Bill Number
9006
Introdate
9/22/2008
Description
Regulation and permitting of news boxes
Introduced By
Mr. Glickert
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<br />1. The director is authorized to seize any non-permitted <br />or abandoned news box or any news box in substantial non- <br />compliance with its permit or this Section. Any news box that is the <br />subject of more than three (3) violation notices within its license <br />year shall be presumed in substantial non-compliance. <br /> <br />2. If the distributor is known, the director shall provide <br />the distributor (i) with ten (10) days written notice and opportunity to <br />cure before the seizure, and (ii) written notice after the seizure. If <br />the distributor is unknown, the director shall have posted, within ten <br />feet of where the news box is seized, a notice that the machine or <br />device has been seized, signed by the person seizing the machine <br />or device, along with the address and telephone number of the <br />office of the director of finance. <br /> <br />3. The director shall hold any seized news box for thirty <br />(30) days, after which the director shall remove any funds from the <br />news box. If not claimed by the distributor within that time, the news <br />box may be sold at public auction and the proceeds, including any <br />retrieved coinage, used as provided in Section 5.04.230. If the <br />news box is not purchased at auction, the director may dispose of <br />the news box at the distributor's cost. News box seizures shall not <br />relieve the distributor from any penalty for violation of this section. <br /> <br />G. Appeals <br /> <br />1 . Any person aggrieved by a final determination of the <br />director may appeal in writing to the city manager within five <br />business (5) days thereof. The appeal shall assert specific <br />grounds for review, and the city manager shall render a decision <br />on the appeal within fifteen (15) business days of its receipt <br />affirming, reversing or modifying the determination of the director. <br />The city manager may extend this time period for the purpose of <br />any investigation or hearing deemed necessary. A decision <br />affirming the director's determination shall be in writing and <br />supported by findings establishing the basis of the decision. <br /> <br />2. Any person aggrieved by a final determination of the <br />city manager may file a petition for review pursuant to Chapter 536 <br />of the Revised Statutes of Missouri, as amended, in the Circuit <br />Court of the County of St. Louis. Such petition shall be filed within <br />thirty (30) days after the city manager's final determination. <br /> <br />Section 2. Any person found guilty of violating any provision of this <br />Ordinance or the section created thereby shall be punished by a fine not to <br />exceed $1,000.00, or by imprisonment not to exceed 90 days, or by both such <br />fine and imprisonment, and each day the violation continues shall constitute a <br />separate offense. <br /> <br />Page 6 of7 <br />
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