NY State Senate Bill 2011-S4824

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to consumer protection
Apr 27, 2011	referred to consumer protection

2011-S4824 (ACTIVE) - Details

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 Other Legislative Sessions:: 2013-2014: S687
2015-2016: S918
2017-2018: S1561

2011-S4824 (ACTIVE) - Summary

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

2011-S4824 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4824

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 3 notice indicating that the dispenser is computing at the
credit price and indicating the amount of the discount per gallon.

PRIOR LEGISLATIVE HISTORY:

Same As A.4315/2011 & A.6958/2010 (Gabryszak)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect 180 days after enactment.

2011-S4824 (ACTIVE) - Bill Text download pdf

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

                                  4824

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

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;
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08625-01-1

S. 4824                             2

  (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.
  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,

S. 4824                             3

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
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-

S. 4824                             4

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
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;

S. 4824                             5

  (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.
  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

S. 4824                             6

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
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

S. 4824                             7

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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Senate Bill S4824

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2011-S4824 (ACTIVE) - Details

2011-S4824 (ACTIVE) - Summary

2011-S4824 (ACTIVE) - Sponsor Memo

2011-S4824 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4824

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2011-S4824 (ACTIVE) - Details

2011-S4824 (ACTIVE) - Summary

2011-S4824 (ACTIVE) - Sponsor Memo

2011-S4824 (ACTIVE) - Bill Text download pdf

Comments