S T A T E O F N E W Y O R K
________________________________________________________________________
9927
I N A S S E M B L Y
April 24, 2012
___________
Introduced by M. of A. DINOWITZ, P. RIVERA, PAULIN, JAFFEE, MAISEL,
ROBERTS, ROSENTHAL, M. MILLER, WEISENBERG, SCARBOROUGH, COLTON,
MONTESANO, GALEF, MILLMAN, McDONOUGH, LOSQUADRO -- Multi-Sponsored by
-- M. of A. CALHOUN, MARKEY, RA, SWEENEY, THIELE -- read once and
referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law and the agriculture and markets
law, in relation to specifying requirements for motor fuel advertising
media
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 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. ALL
INFORMATION REQUIRED TO BE INCLUDED ON SUCH ADVERTISING MEDIUM PURSUANT
TO THIS SECTION SHALL BE POSTED OR MAINTAINED IN A CLEAR AND CONSPICUOUS
MANNER. 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 AN
ADVERTISING MEDIUM WHICH ADVERTISES A DISCOUNT OR PRICE REDUCTION FOR
MOTOR FUEL, UNLESS THE ADVERTISING MEDIUM INCLUDES ALL THE FOLLOWING:
(I) THE PRICE PER GALLON FROM WHICH THE DISCOUNT OR PRICE REDUCTION IS
TO BE TAKEN;
(II) THE PRICE PER GALLON OF THE MOTOR FUEL SUBJECT TO A DISCOUNT OR
PRICE REDUCTION, WHICH SHALL APPEAR BELOW OR, IF THE CASE MAY BE, TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15327-01-2
A. 9927 2
RIGHT OF THE PRICE PER GALLON FROM WHICH THE DISCOUNT OR PRICE REDUCTION
IS TO BE TAKEN; 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.
B. THIS SUBDIVISION SHALL NOT APPLY TO DISCOUNTS OR PRICE REDUCTIONS
NOT AVAILABLE TO THE GENERAL PUBLIC, INCLUDING, BUT NOT LIMITED TO,
DISCOUNTS OR PRICE REDUCTIONS PROVIDED PURSUANT TO AN AWARDS, REWARDS,
LOYALTY, OR PROMOTIONAL PROGRAM.
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.
A. 9927 3
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
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 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
A. 9927 4
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 AN
ADVERTISING MEDIUM WHICH ADVERTISES A DISCOUNT OR PRICE REDUCTION FOR
MOTOR FUEL, UNLESS THE ADVERTISING MEDIUM INCLUDES ALL THE FOLLOWING:
(I) THE PRICE PER GALLON FROM WHICH THE DISCOUNT OR PRICE REDUCTION IS
TO BE TAKEN;
(II) THE PRICE PER GALLON OF THE MOTOR FUEL SUBJECT TO A DISCOUNT OR
PRICE REDUCTION, WHICH SHALL APPEAR BELOW OR, IF THE CASE MAY BE, TO THE
RIGHT OF THE PRICE PER GALLON FROM WHICH THE DISCOUNT OR PRICE REDUCTION
IS TO BE TAKEN; 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.
B. THIS SUBDIVISION SHALL NOT APPLY TO DISCOUNTS OR PRICE REDUCTIONS
NOT AVAILABLE TO THE GENERAL PUBLIC, INCLUDING, BUT NOT LIMITED TO,
DISCOUNTS OR PRICE REDUCTIONS PROVIDED PURSUANT TO AN AWARDS, REWARDS,
LOYALTY, OR PROMOTIONAL PROGRAM.
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. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
OR APPROPRIATE TO CARRY OUT THE PROVISIONS OF THIS SECTION, AND SHALL
A. 9927 5
MAKE AVAILABLE ON THE DEPARTMENT'S WEBSITE A SUMMARY OF THE PROVISIONS
OF THIS SECTION AND ANY REGULATIONS PROMULGATED THEREUNDER.
8. 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
HISTORIC PRESERVATION PURPOSES UPON APPROVAL OF SUCH EXEMPTION BY THE
COMMISSIONER.
9. 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.
10. 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; provided that the commissioner of agricul-
ture and markets is authorized to promulgate any rules and regulations
necessary to implement this act on or before its effective date.