senate Bill S687

Requires an advertising medium at the location offering the sale of motor fuel

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Requires an advertising medium at the location offering the sale of motor fuel.

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Bill Details

Versions:
S687
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-xx, Gen Bus L; amd §192, add §192-h, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4824
2009-2010: A6958

Sponsor Memo

BILL NUMBER:S687

TITLE OF BILL:

An act
to amend the general business law and the
agriculture and markets law, in relation to requiring an
advertising medium present at any premises offering the sale of motor
fuel

PURPOSE OR GENERAL OF BILL:

The purpose of this bill is to ensure that motorists are able to make
informed decisions with respect to motor fuel purchases by requiring
gasoline station operators to fully disclose in a clear and
conspicuous manner any discounts or price reductions.

SUMMARY OF PROVISIONS:

Sections 1-3 of the bill amend the general business law by adding a
new section 396-xx, the agriculture and markets law by amending
subparagraph (iii) of paragraph a of subdivision 5 of section 192 by
adding a new subparagraph (iv) and the addition of a new section
192-h. This bill would update New York law related to the posting of
motor fuel prices by motor fuel dealers. The bill would require
dealers to display a sign, placard or banner containing the prices of
the three major grades of motor fuel offered for sale that is clearly
visible from the street or highway adjacent to the premises. In the
event that the dealer offers a discount or price reduction for motor
fuel, such posting would be required to contain:

o the price per gallon from which the discount or price reduction is
to be taken;
o the amount of the discount or price reduction in cents
per gallon; and
o the conditions of the discount or price reduction.

The bill would require, dealers offering a cash discount to program
the dispensers used to dispense fuel, at the discount price to
compute the total sale at the discounted price per gallon and to
label such dispensers with a notice reading "Includes Cash Discount".
Dealers offering cash discounts whose fuel dispensers are not able
to be programmed to compute at the cash discounted price would be
required to place a conspicuous sign on the dispenser indicating that
the dispenser is computing at the credit price and indicating the
amount of the discount per gallon.

Section 4 sets forth an effective date of 180 days after enactment.

JUSTIFICATION:

In August 2008, the Attorney General revealed the results of an
investigation showing that nearly one-third of gas stations operating
in Nassau and Suffolk counties engaged in deceptive practices. The
Attorney general's investigation identified instances where gas
stations engaged in deceptive advertising by listing the lower cash


prices on their street-view sign age without disclosing that the
price was only for cash transactions. This practice can result in
motorists being lured to the pumps only to find out that if they
choose to use a credit card they will be charged a higher price.

In order to protect consumers from this practice and to provide
regulatory guidance to gasoline station operators, this bill would
require operators to display gasoline prices on a sign, placard or
banner visible from the street. If a cash discount is offered, station
operators would be required to conspicuously post the original price,
the discounted price, and the conditions of the discount.
Stations with dispensers that are unable to compute the final sale at
the discounted cash price would be required to label such dispensers
with a notice indicating that the dispenser is computing at the
credit price and indicating the amount of the discount per gallon.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.4824/A.4315 (Gabryszak)(Enacting Clause Stricken)
2009: A.6958 (Fields)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect 180 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   687

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law and the agriculture and markets
  law, in relation to requiring an advertising  medium  present  at  any
  premises offering the sale of motor fuel

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   The general business law  is  amended  by  adding  a  new
section 396-xx to read as follows:
  S 396-XX. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM "ADVERTIS-
ING  MEDIUM," AS USED IN THIS SECTION, SHALL INCLUDE, BUT NOT BE LIMITED
TO, A BANNER, SIGN, PLACARD, POSTER, STREAMER, AND CARD.
  2. EVERY PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING  ANY
MOTOR FUEL TO THE PUBLIC FROM ANY PLACE OF BUSINESS SHALL DISPLAY ON THE
PREMISES  AN  ADVERTISING MEDIUM WHICH COMPLIES WITH THE REQUIREMENTS OF
THIS SECTION AND WHICH ADVERTISES THE PRICES OF THE THREE  MAJOR  GRADES
OF  MOTOR FUEL OFFERED FOR SALE. THE ADVERTISING MEDIUM SHALL BE CLEARLY
VISIBLE FROM THE STREET OR HIGHWAY ADJACENT TO THE  PREMISES.  WHEN  THE
PLACE OF BUSINESS IS SITUATED AT AN INTERSECTION, THE ADVERTISING MEDIUM
SHALL  BE  CLEARLY VISIBLE FROM EACH STREET OF THE INTERSECTION. FOR THE
PURPOSES OF THIS SECTION, MOTOR FUEL DOES NOT INCLUDE PROPANE.
  3. A.  IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION  TO  DISPLAY
ANY  ADVERTISING  MEDIUM  WHICH INDICATES THE PRICE OF MOTOR FUEL UNLESS
THE ADVERTISING MEDIUM DISPLAYS ALL OF THE FOLLOWING:
  (1) THE PRICE PER GALLON, INCLUDING ALL TAXES, IN NUMERALS, AND  FRAC-
TIONS WHEN APPLICABLE, NOT LESS THAN SIX INCHES IN HEIGHT AND OF UNIFORM
SIZE  AND  COLOR.  FOR THE PURPOSE OF ARTICLE SIXTEEN OF THE AGRICULTURE
AND MARKETS LAW, FRACTIONS ARE CONSIDERED ONE NUMERAL;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03707-01-3

S. 687                              2

  (2) THE TRADEMARK OR BRAND OF THE MOTOR FUEL IN LETTERS,  FIGURES,  OR
NUMERALS  NOT  LESS  THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING
THE PRICE;
  (3) THE WORD "GASOLINE" OR THE NAME OF OTHER MOTOR FUEL IN LETTERS NOT
LESS  THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING THE PRICE, BUT
THESE WORDS NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT; AND
  (4) THE GRADE DESIGNATION OF THE MOTOR FUEL IN LETTERS OR NUMERALS NOT
LESS THAN ONE-SIXTH THE SIZE OF THE NUMERALS DESIGNATING THE PRICE,  BUT
THIS DESIGNATION NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT.
  B.  (1)  IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
AN ADVERTISING MEDIUM WHICH ADVERTISES A DISCOUNT OR PRICE REDUCTION FOR
MOTOR FUEL, UNLESS THE ADVERTISING MEDIUM CONTAINS ALL THE FOLLOWING:
  (I) THE PRICE PER GALLON FROM WHICH THE DISCOUNT OR PRICE REDUCTION IS
TO BE TAKEN;
  (II) THE AMOUNT OF THE DISCOUNT OR PRICE REDUCTION IN CENTS PER GALLON
USING NUMERALS WHICH DO NOT EXCEED THE HEIGHT OF  THE  NUMERALS  IN  THE
ADVERTISED PRICE; AND
  (III)  THE  CONDITIONS  OF THE DISCOUNT OR PRICE REDUCTION USING WORDS
WHOSE LETTERS ARE NOT LESS THAN ONE-THIRD THE SIZE OF THE  PRICE  NUMER-
ALS.
  (2)  ANY  LIMITATIONS  UNDER  WHICH THE DISCOUNT OR PRICE REDUCTION IS
OFFERED SHALL BE EXPLAINED IN WORDS WHOSE  LETTERS  ARE  NOT  LESS  THAN
ONE-THIRD THE SIZE OF THE NUMERALS INDICATING THE PRICES.
  (3)  THERE  SHALL  BE AVAILABLE FOR EACH CUSTOMER'S REFERENCE, A CHART
SHOWING THE AMOUNT OF DISCOUNT IN ONE CENT  INCREMENTS,  OR  THE  RETAIL
DISPENSERS  USED  TO DISPENSE FUEL AT THE DISCOUNT PRICE SHALL BE SET TO
COMPUTE THE TOTAL SALE AT THE DISCOUNTED PRICE PER GALLON AND  SHALL  BE
CLEARLY  LABELED  "INCLUDES  CASH DISCOUNT" IN LETTERS NOT LESS THAN ONE
INCH IN HEIGHT.
  C. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
ON OR NEAR THE PREMISES OF ANY PLACE  OF  BUSINESS  IN  THIS  STATE  ANY
ADVERTISING  MEDIUM  WHICH ADVERTISES THE PRICE OF MOTOR OIL OFFERED FOR
SALE WITHOUT CONSPICUOUSLY SHOWING ON THE SAME  ADVERTISING  MEDIUM  THE
BRAND OF THE MOTOR OIL AND THE NAME OF THE PRODUCT. THE LETTERS, FIGURES
AND  NUMERALS  USED  TO  DESIGNATE THE BRAND AND THE NAME OF THE PRODUCT
SHALL NOT BE LESS THAN ONE-HALF THE SIZE OF THE NUMERALS DESIGNATING THE
PRICE.
  D. IT IS UNLAWFUL FOR ANY PERSON, FIRM OR  CORPORATION  TO  PLACE  ANY
ADDITIONAL  ADVERTISING  MATTER ON ANY ADVERTISING MEDIUM SUBJECT TO THE
REQUIREMENTS OF ARTICLE SIXTEEN  OF  THE  AGRICULTURE  AND  MARKETS  LAW
EXCEPT:
  (1)  A  DESCRIPTION  OF  THE  PRODUCTS  OFFERED FOR SALE IN LETTERS OR
NUMERALS NOT LARGER THAN THE PRICE NUMERALS;
  (2) METHODS OF SALE, SUCH AS SELF-SERVE OR FULL-SERVE, IN LETTERS  NOT
LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMERALS; OR
  (3)  WORDS  DESCRIBING  THE  TYPE  OF SERVICES OFFERED AT THE PLACE OF
BUSINESS, SUCH AS FOOD MARKET, CARWASH,  TUNE  UP,  AND  THE  REGISTERED
TRADEMARK  OR  TRADE  NAME  OF  THE  SERVICE,  BUT  NOT THE PRICE OF THE
SERVICE.
  THIS SUBDIVISION DOES  NOT  APPLY  TO  ELECTRONIC  CHANGEABLE  MESSAGE
CENTERS  WHEN  THE ADVERTISING CONTENT INCLUDES BOTH THE PRODUCT OFFERED
FOR SALE AND ITS PRICE IN A SINGLE  ADVERTISING  MESSAGE,  OR  WHEN  THE
PRODUCT  AND  PRICE COMPONENTS OF THE ADVERTISING MESSAGE CLEARLY RELATE
TO ONE ANOTHER AND THE PRICE NEITHER STARTS NOR ENDS THE MESSAGE.

S. 687                              3

  E. IF ANY MOTOR FUEL OR MOTOR OIL IS  ADVERTISED  FOR  SALE,  BUT  NOT
UNDER  ANY  BRAND DESIGNATION, THE WORDS "NO BRAND" SHALL BE USED ON THE
ADVERTISING MEDIUM AS A BRAND DESIGNATION.
  4. IN THE EVENT THAT THE SAME GRADE OF MOTOR FUEL IS SOLD AT DIFFERENT
PRICES FROM ANY SINGLE PLACE OF BUSINESS, IT IS UNLAWFUL FOR ANY PERSON,
FIRM OR CORPORATION TO DISPLAY ANY ADVERTISING MEDIUM WHICH ADVERTISES A
PRICE  OF A GRADE OF MOTOR FUEL UNLESS THE ADVERTISING MEDIUM ADVERTISES
IN NUMERALS OF EQUAL SIZE EACH OF THE HIGHER PRICES, INCLUDING ALL TAXES
FOR WHICH THE GRADE IS SOLD OR OFFERED FOR SALE, AND UNLESS  THE  ADVER-
TISING  MEDIUM EXPLAINS THE CONDITIONS, AND ANY LIMITATIONS, UNDER WHICH
THAT GRADE IS SOLD OR OFFERED FOR SALE AT DIFFERENT PRICES. THE WORDS OF
EXPLANATION SHALL BE CLEARLY SHOWN IN LETTERS  AT  LEAST  ONE-THIRD  THE
SIZE  OF  THE  NUMERALS  INDICATING  THE PRICES. THE DIFFERENT PRICES AT
WHICH THE SAME GRADE OF MOTOR FUEL IS SOLD OR OFFERED FOR SALE SHALL  BE
ADVERTISED  AS  PERMITTED OR REQUIRED BY ARTICLE SIXTEEN OF THE AGRICUL-
TURE AND MARKETS LAW.
  5. ALL LETTERS, WORDS, FIGURES, OR NUMERALS  WHICH  ARE  PART  OF  THE
ADVERTISING  MEDIA REFERRED TO IN ARTICLE SIXTEEN OF THE AGRICULTURE AND
MARKETS LAW SHALL HAVE A HEAVY TYPE FACE OR  STROKE,  SHALL  BE  CLEARLY
VISIBLE,  AND  OF A COLOR OR TINT THAT WILL CONTRAST THE LETTERS, WORDS,
FIGURES, OR NUMERALS WITH THE BACKGROUND OF THE ADVERTISING  MEDIA.  THE
HEIGHT  OF THE LETTERS, FIGURES, AND NUMERALS, EXCEPT THE LETTER "L" AND
NUMERAL ONE, SHALL NOT BE MORE THAN TWICE THE WIDTH.
  6. A. FAILURE TO COMPLY WITH THE  PROVISIONS  OF  THIS  SECTION  SHALL
SUBJECT  A  PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC TO A CIVIL PENALTY OF UP TO FIFTY  DOLLARS  FOR
EACH DAY SUCH FAILURE OCCURS.
  B.  THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE  TOWN  ATTOR-
NEY,  CITY  CORPORATION  COUNSEL,  OR OTHER LAWFUL DESIGNEE OF A MUNICI-
PALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER THIS  SECTION
SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
  C.  NO  PERSON,  FIRM  OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC SHALL BE GUILTY OF THE INFRACTION SPECIFIED  IN
PARAGRAPH  A OF THIS SUBDIVISION IF THAT PERSON, WITHIN SEVEN DAYS AFTER
RECEIVING NOTIFICATION FROM THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS
OFFICE, OR THE TOWN ATTORNEY, CITY  CORPORATION  COUNSEL,  OTHER  LAWFUL
DESIGNEE  OF  A MUNICIPALITY OR LOCAL GOVERNMENT, OR ATTORNEY GENERAL OF
ANY VIOLATION OF THIS SECTION, MAKES WHATEVER CHANGES ARE  NECESSARY  TO
COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
  7.  A.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON,
FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY MOTOR FUEL  TO  THE
PUBLIC OPERATING WITHIN A POLITICAL SUBDIVISION THAT HAS ALREADY ENACTED
AND  CONTINUES  IN  EFFECT A LOCAL LAW, ORDINANCE, RULE OR REGULATION IN
SUBSTANTIAL CONFORMITY WITH THIS SECTION. THE PROVISIONS OF THIS SECTION
SHALL NOT BE CONSTRUED TO LIMIT IN ANY WAY THE AUTHORITY OF A  POLITICAL
SUBDIVISION  TO  ENACT, IMPLEMENT AND CONTINUE TO ENFORCE LOCAL LAWS AND
REGULATIONS GOVERNING THE SALE OF MOTOR FUELS THAT WERE IN EFFECT  PRIOR
TO  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  OR TO ENACT, IMPLEMENT AND
ENFORCE ANY AMENDMENTS THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION.
THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN THE COUNTIES OUTSIDE
THE CITY OF NEW YORK BY THE COUNTY OR CITY DIRECTOR OF WEIGHTS AND MEAS-
URES, AS THE CASE MAY BE, AND IN THE CITY OF NEW YORK BY THE  DEPARTMENT
OF CONSUMER AFFAIRS.
  B.    ANY  POLITICAL  SUBDIVISION  MAY, BY ORDINANCE, EXEMPT SPECIFIED
GEOGRAPHIC AREAS FOR THE  PROVISIONS  OF  THIS  SECTION  FOR  SCENIC  OR

S. 687                              4

HISTORIC  PRESERVATION  PURPOSES  UPON APPROVAL OF SUCH EXEMPTION BY THE
COMMISSIONER.
  8.  NOTHING  IN THIS SECTION SHALL APPLY TO SIGNS OR PLACARDS REQUIRED
TO BE POSTED PURSUANT TO SUBDIVISION FIVE OF SECTION ONE  HUNDRED  NINE-
TY-TWO OF THE AGRICULTURE AND MARKETS LAW.  HOWEVER, ANY NUMERALS DESIG-
NATING  THE  PRICE  PER GALLON FOR A PARTICULAR BRAND AND GRADE OF MOTOR
FUEL PERMITTED OR REQUIRED UNDER SUBDIVISION FIVE OF SECTION ONE HUNDRED
NINETY-TWO OF THE AGRICULTURE AND MARKETS LAW  SHALL,  UNLESS  OTHERWISE
STATED,  BE  IDENTICAL  IN NUMERICAL VALUE WITH THE PRICE PER GALLON FOR
THE SAME BRAND AND GRADE OF MOTOR FUEL PERMITTED OR REQUIRED UNDER  THIS
SECTION.
  9.  NOTHING  IN THIS SECTION PROHIBITS ANY PERSON, FIRM OR CORPORATION
WHO HAS POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM  IN  COMPLIANCE
WITH  THIS CHAPTER FROM DISPLAYING ADDITIONAL SIGNS OR ADVERTISING MEDIA
WHICH STATE EITHER (A) THE AMOUNT OF DISCOUNT IN CENTS  PER  GALLON,  OR
(B)  THE  PRICE  OF  ONE  OR MORE BRANDS OR GRADES OF MOTOR FUEL SOLD OR
OFFERED FOR SALE, PROVIDED THE CONDITIONS AND  ANY  LIMITATIONS  OF  THE
DISCOUNT  OR  PRICE  OF THE BRAND OR GRADE OF MOTOR FUEL ARE INCLUDED IN
THE ADDITIONAL ADVERTISING MEDIA IN LETTERS NOT LESS THAN ONE-THIRD  THE
SIZE OF THE NUMERALS INDICATING THE DISCOUNT OR PRICE.
  S 2. Subparagraph (iii) of paragraph a of subdivision 5 of section 192
of  the  agriculture  and  markets law, as amended by chapter 101 of the
laws of 1986, is amended and a new subparagraph (iv) is added to read as
follows:
  (iii) where  a  multiple  product  dispensing  device  is  capable  of
dispensing  multiple products at multiple prices, then the selling price
per gallon [may] SHALL be posted thereon with numerals at least one-half
that height and one-half that width required by subparagraph (i) of this
paragraph, although numerals  representing  tenths  of  a  cent  may  be
displayed  at  no less than one-half those dimensions which disclose the
selling price per gallon of such motor fuel dispensed therefrom[.]; OR
  (IV) WHERE A DISCOUNT FOR CASH IS OFFERED  FROM  A  DISPENSING  DEVICE
COMPUTING  ONLY AT THE CREDIT PRICE, AT LEAST ONE SIGN OR LABEL SHALL BE
CONSPICUOUSLY DISPLAYED ON THE DISPENSER INDICATING THAT  THE  DISPENSER
IS  COMPUTING  AT  THE  CREDIT  PRICE  AND  INDICATING THE AMOUNT OF THE
DISCOUNT PER GALLON IN LETTERS AND NUMERALS NOT LESS THAN ONE-HALF  INCH
HIGH.
  S  3.  The  agriculture  and  markets  law  is amended by adding a new
section 192-h to read as follows:
  S 192-H. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM  "ADVERTIS-
ING  MEDIUM," AS USED IN THIS SECTION, SHALL INCLUDE, BUT NOT BE LIMITED
TO, A BANNER, SIGN, PLACARD, POSTER, STREAMER, AND CARD.
  2. EVERY PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING  ANY
MOTOR FUEL TO THE PUBLIC FROM ANY PLACE OF BUSINESS SHALL DISPLAY ON THE
PREMISES  AN  ADVERTISING MEDIUM WHICH COMPLIES WITH THE REQUIREMENTS OF
THIS SECTION AND WHICH ADVERTISES THE PRICES OF THE THREE  MAJOR  GRADES
OF  MOTOR FUEL OFFERED FOR SALE. THE ADVERTISING MEDIUM SHALL BE CLEARLY
VISIBLE FROM THE STREET OR HIGHWAY ADJACENT TO THE  PREMISES.  WHEN  THE
PLACE OF BUSINESS IS SITUATED AT AN INTERSECTION, THE ADVERTISING MEDIUM
SHALL  BE  CLEARLY VISIBLE FROM EACH STREET OF THE INTERSECTION. FOR THE
PURPOSES OF THIS SECTION, MOTOR FUEL DOES NOT INCLUDE PROPANE.
  3. A.  IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION  TO  DISPLAY
ANY  ADVERTISING  MEDIUM  WHICH INDICATES THE PRICE OF MOTOR FUEL UNLESS
THE ADVERTISING MEDIUM DISPLAYS ALL OF THE FOLLOWING:
  (1) THE PRICE PER GALLON, INCLUDING ALL TAXES, IN NUMERALS, AND  FRAC-
TIONS WHEN APPLICABLE, NOT LESS THAN SIX INCHES IN HEIGHT AND OF UNIFORM

S. 687                              5

SIZE  AND  COLOR. FOR THE PURPOSE OF THIS ARTICLE, FRACTIONS ARE CONSID-
ERED ONE NUMERAL;
  (2)  THE  TRADEMARK OR BRAND OF THE MOTOR FUEL IN LETTERS, FIGURES, OR
NUMERALS NOT LESS THAN ONE-THIRD THE SIZE OF  THE  NUMERALS  DESIGNATING
THE PRICE;
  (3) THE WORD "GASOLINE" OR THE NAME OF OTHER MOTOR FUEL IN LETTERS NOT
LESS  THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING THE PRICE, BUT
THESE WORDS NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT; AND
  (4) THE GRADE DESIGNATION OF THE MOTOR FUEL IN LETTERS OR NUMERALS NOT
LESS THAN ONE-SIXTH THE SIZE OF THE NUMERALS DESIGNATING THE PRICE,  BUT
THIS DESIGNATION NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT.
  B.  (1)  IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
AN ADVERTISING MEDIUM WHICH ADVERTISES A DISCOUNT OR PRICE REDUCTION FOR
MOTOR FUEL, UNLESS THE ADVERTISING MEDIUM CONTAINS ALL THE FOLLOWING:
  (I) THE PRICE PER GALLON FROM WHICH THE DISCOUNT OR PRICE REDUCTION IS
TO BE TAKEN;
  (II) THE AMOUNT OF THE DISCOUNT OR PRICE REDUCTION IN CENTS PER GALLON
USING NUMERALS WHICH DO NOT EXCEED THE HEIGHT OF  THE  NUMERALS  IN  THE
ADVERTISED PRICE; AND
  (III)  THE  CONDITIONS  OF THE DISCOUNT OR PRICE REDUCTION USING WORDS
WHOSE LETTERS ARE NOT LESS THAN ONE-THIRD THE SIZE OF THE  PRICE  NUMER-
ALS.
  (2)  ANY  LIMITATIONS  UNDER  WHICH THE DISCOUNT OR PRICE REDUCTION IS
OFFERED SHALL BE EXPLAINED IN WORDS WHOSE  LETTERS  ARE  NOT  LESS  THAN
ONE-THIRD THE SIZE OF THE NUMERALS INDICATING THE PRICES.
  (3)  THERE  SHALL  BE AVAILABLE FOR EACH CUSTOMER'S REFERENCE, A CHART
SHOWING THE AMOUNT OF DISCOUNT IN ONE CENT  INCREMENTS,  OR  THE  RETAIL
DISPENSERS  USED  TO DISPENSE FUEL AT THE DISCOUNT PRICE SHALL BE SET TO
COMPUTE THE TOTAL SALE AT THE DISCOUNTED PRICE PER GALLON AND  SHALL  BE
CLEARLY  LABELED  "INCLUDES  CASH DISCOUNT" IN LETTERS NOT LESS THAN ONE
INCH IN HEIGHT.
  C. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
ON OR NEAR THE PREMISES OF ANY PLACE  OF  BUSINESS  IN  THIS  STATE  ANY
ADVERTISING  MEDIUM  WHICH ADVERTISES THE PRICE OF MOTOR OIL OFFERED FOR
SALE WITHOUT CONSPICUOUSLY SHOWING ON THE SAME  ADVERTISING  MEDIUM  THE
BRAND OF THE MOTOR OIL AND THE NAME OF THE PRODUCT. THE LETTERS, FIGURES
AND  NUMERALS  USED  TO  DESIGNATE THE BRAND AND THE NAME OF THE PRODUCT
SHALL NOT BE LESS THAN ONE-HALF THE SIZE OF THE NUMERALS DESIGNATING THE
PRICE.
  D. IT IS UNLAWFUL FOR ANY PERSON, FIRM OR  CORPORATION  TO  PLACE  ANY
ADDITIONAL  ADVERTISING  MATTER ON ANY ADVERTISING MEDIUM SUBJECT TO THE
REQUIREMENTS OF THIS ARTICLE EXCEPT:
  (1) A DESCRIPTION OF THE PRODUCTS  OFFERED  FOR  SALE  IN  LETTERS  OR
NUMERALS NOT LARGER THAN THE PRICE NUMERALS;
  (2)  METHODS OF SALE, SUCH AS SELF-SERVE OR FULL-SERVE, IN LETTERS NOT
LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMERALS; OR
  (3) WORDS DESCRIBING THE TYPE OF SERVICES  OFFERED  AT  THE  PLACE  OF
BUSINESS,  SUCH  AS  FOOD  MARKET,  CARWASH, TUNE UP, AND THE REGISTERED
TRADEMARK OR TRADE NAME OF  THE  SERVICE,  BUT  NOT  THE  PRICE  OF  THE
SERVICE.
  THIS  SUBDIVISION  DOES  NOT  APPLY  TO  ELECTRONIC CHANGEABLE MESSAGE
CENTERS WHEN THE ADVERTISING CONTENT INCLUDES BOTH THE  PRODUCT  OFFERED
FOR  SALE  AND  ITS  PRICE  IN A SINGLE ADVERTISING MESSAGE, OR WHEN THE
PRODUCT AND PRICE COMPONENTS OF THE ADVERTISING MESSAGE  CLEARLY  RELATE
TO ONE ANOTHER AND THE PRICE NEITHER STARTS NOR ENDS THE MESSAGE.

S. 687                              6

  E.  IF  ANY  MOTOR  FUEL  OR MOTOR OIL IS ADVERTISED FOR SALE, BUT NOT
UNDER ANY BRAND DESIGNATION, THE WORDS "NO BRAND" SHALL BE USED  ON  THE
ADVERTISING MEDIUM AS A BRAND DESIGNATION.
  4. IN THE EVENT THAT THE SAME GRADE OF MOTOR FUEL IS SOLD AT DIFFERENT
PRICES FROM ANY SINGLE PLACE OF BUSINESS, IT IS UNLAWFUL FOR ANY PERSON,
FIRM OR CORPORATION TO DISPLAY ANY ADVERTISING MEDIUM WHICH ADVERTISES A
PRICE  OF A GRADE OF MOTOR FUEL UNLESS THE ADVERTISING MEDIUM ADVERTISES
IN NUMERALS OF EQUAL SIZE EACH OF THE HIGHER PRICES, INCLUDING ALL TAXES
FOR WHICH THE GRADE IS SOLD OR OFFERED FOR SALE, AND UNLESS  THE  ADVER-
TISING  MEDIUM EXPLAINS THE CONDITIONS, AND ANY LIMITATIONS, UNDER WHICH
THAT GRADE IS SOLD OR OFFERED FOR SALE AT DIFFERENT PRICES. THE WORDS OF
EXPLANATION SHALL BE CLEARLY SHOWN IN LETTERS  AT  LEAST  ONE-THIRD  THE
SIZE  OF  THE  NUMERALS  INDICATING  THE PRICES. THE DIFFERENT PRICES AT
WHICH THE SAME GRADE OF MOTOR FUEL IS SOLD OR OFFERED FOR SALE SHALL  BE
ADVERTISED AS PERMITTED OR REQUIRED BY THIS ARTICLE.
  5.  ALL  LETTERS,  WORDS,  FIGURES,  OR NUMERALS WHICH ARE PART OF THE
ADVERTISING MEDIA REFERRED TO IN THIS ARTICLE SHALL HAVE  A  HEAVY  TYPE
FACE  OR  STROKE,  SHALL BE CLEARLY VISIBLE, AND OF A COLOR OR TINT THAT
WILL CONTRAST THE LETTERS, WORDS, FIGURES, OR NUMERALS  WITH  THE  BACK-
GROUND OF THE ADVERTISING MEDIA. THE HEIGHT OF THE LETTERS, FIGURES, AND
NUMERALS,  EXCEPT THE LETTER "L" AND NUMERAL ONE, SHALL NOT BE MORE THAN
TWICE THE WIDTH.
  6. A. FAILURE TO COMPLY WITH THE  PROVISIONS  OF  THIS  SECTION  SHALL
SUBJECT  A  PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC TO A CIVIL PENALTY OF UP TO FIFTY  DOLLARS  FOR
EACH DAY SUCH FAILURE OCCURS.
  B.  THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE  TOWN  ATTOR-
NEY,  CITY  CORPORATION  COUNSEL,  OR OTHER LAWFUL DESIGNEE OF A MUNICI-
PALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER THIS  SECTION
SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
  C.  NO  PERSON,  FIRM  OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC SHALL BE GUILTY OF THE INFRACTION SPECIFIED  IN
PARAGRAPH  A OF THIS SUBDIVISION IF THAT PERSON, WITHIN SEVEN DAYS AFTER
RECEIVING NOTIFICATION FROM THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS
OFFICE, OR THE TOWN ATTORNEY, CITY  CORPORATION  COUNSEL,  OTHER  LAWFUL
DESIGNEE  OF  A MUNICIPALITY OR LOCAL GOVERNMENT, OR ATTORNEY GENERAL OF
ANY VIOLATION OF THIS SECTION, MAKES WHATEVER CHANGES ARE  NECESSARY  TO
COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
  7.  A.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON,
FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY MOTOR FUEL  TO  THE
PUBLIC OPERATING WITHIN A POLITICAL SUBDIVISION THAT HAS ALREADY ENACTED
AND  CONTINUES  IN  EFFECT A LOCAL LAW, ORDINANCE, RULE OR REGULATION IN
SUBSTANTIAL CONFORMITY WITH THIS SECTION. THE PROVISIONS OF THIS SECTION
SHALL NOT BE CONSTRUED TO LIMIT IN ANY WAY THE AUTHORITY OF A  POLITICAL
SUBDIVISION  TO  ENACT, IMPLEMENT AND CONTINUE TO ENFORCE LOCAL LAWS AND
REGULATIONS GOVERNING THE SALE OF MOTOR FUELS THAT WERE IN EFFECT  PRIOR
TO  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  OR TO ENACT, IMPLEMENT AND
ENFORCE ANY AMENDMENTS THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION.
THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN THE COUNTIES OUTSIDE
THE CITY OF NEW YORK BY THE COUNTY OR CITY DIRECTOR OF WEIGHTS AND MEAS-
URES, AS THE CASE MAY BE, AND IN THE CITY OF NEW YORK BY THE  DEPARTMENT
OF CONSUMER AFFAIRS.
  B.    ANY  POLITICAL  SUBDIVISION  MAY, BY ORDINANCE, EXEMPT SPECIFIED
GEOGRAPHIC AREAS FOR THE  PROVISIONS  OF  THIS  SECTION  FOR  SCENIC  OR

S. 687                              7

HISTORIC  PRESERVATION  PURPOSES  UPON APPROVAL OF SUCH EXEMPTION BY THE
COMMISSIONER.
  8.  NOTHING  IN THIS SECTION SHALL APPLY TO SIGNS OR PLACARDS REQUIRED
TO BE POSTED PURSUANT TO SUBDIVISION FIVE OF SECTION ONE  HUNDRED  NINE-
TY-TWO  OF THIS ARTICLE. HOWEVER, ANY NUMERALS DESIGNATING THE PRICE PER
GALLON FOR A PARTICULAR BRAND AND  GRADE  OF  MOTOR  FUEL  PERMITTED  OR
REQUIRED  UNDER  SUBDIVISION  FIVE  OF SECTION ONE HUNDRED NINETY-TWO OF
THIS ARTICLE SHALL, UNLESS OTHERWISE STATED, BE IDENTICAL  IN  NUMERICAL
VALUE  WITH  THE  PRICE PER GALLON FOR THE SAME BRAND AND GRADE OF MOTOR
FUEL PERMITTED OR REQUIRED UNDER THIS SECTION.
  9. NOTHING IN THIS SECTION PROHIBITS ANY PERSON, FIRM  OR  CORPORATION
WHO  HAS  POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM IN COMPLIANCE
WITH THIS CHAPTER FROM DISPLAYING ADDITIONAL SIGNS OR ADVERTISING  MEDIA
WHICH  STATE  EITHER  (A) THE AMOUNT OF DISCOUNT IN CENTS PER GALLON, OR
(B) THE PRICE OF ONE OR MORE BRANDS OR GRADES  OF  MOTOR  FUEL  SOLD  OR
OFFERED  FOR  SALE,  PROVIDED  THE CONDITIONS AND ANY LIMITATIONS OF THE
DISCOUNT OR PRICE OF THE BRAND OR GRADE OF MOTOR FUEL  ARE  INCLUDED  IN
THE  ADDITIONAL ADVERTISING MEDIA IN LETTERS NOT LESS THAN ONE-THIRD THE
SIZE OF THE NUMERALS INDICATING THE DISCOUNT OR PRICE.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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