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

                                  9548

                          I N  A S S E M B L Y

                             March 16, 2016
                               ___________

Introduced  by  M.  of  A.  KAMINSKY,  DINOWITZ, PAULIN, JAFFEE, COLTON,
  GALEF, LAVINE, WEPRIN, GUNTHER, HOOPER, BUCHWALD, SEPULVEDA,  MONTESA-
  NO, SKOUFIS, THIELE, ZEBROWSKI, BARRETT, GOTTFRIED, ARROYO, LINARES --
  Multi-Sponsored  by  --  M.  of A. COOK, LENTOL, MAGEE, MARKEY, PERRY,
  ROBINSON, STECK, WEINSTEIN -- 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 MEAN A STREET  SIGN  LOCATED
WITHIN  TEN  FEET  OF  THE  MAIN ENTRANCE OF THE PLACE OF BUSINESS OR AS
CLOSE AS PRACTICABLE.
  2. A. IN THE EVENT THAT THE SAME  GRADE  OF  MOTOR  FUEL  IS  SOLD  AT
DIFFERENT  PRICES  FROM  ANY SINGLE PLACE OF BUSINESS, THEN THE PLACE OF
BUSINESS MUST HAVE AN ADVERTISING MEDIUM THAT: (I)  COMPLIES  WITH  THIS
SECTION;  (II)  DISPLAYS  AT  LEAST THE HIGHER OF THE PRICES OFFERED FOR
THAT GRADE OF MOTOR FUEL; AND (III) IS A STREET SIGN, WHICH IS AT  LEAST
SIX FEET HIGH AND FOUR FEET WIDE AND AT LEAST EIGHT FEET OFF THE GROUND.
  B. THE ADVERTISING MEDIUM SHALL, TO THE EXTENT PRACTICABLE, BE CLEARLY
VISIBLE  FROM  EACH  STREET  OR HIGHWAY WHICH HAS A MOTOR VEHICLE ACCESS
POINT TO THE PLACE OF BUSINESS. WHEN THE PLACE OF BUSINESS  IS  SITUATED
AT  AN  INTERSECTION,  THE  ADVERTISING MEDIUM REQUIRED PURSUANT TO THIS
SECTION SHALL, TO THE EXTENT PRACTICABLE, 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.
  C. THIS SUBDIVISION SHALL NOT APPLY TO DISCOUNTS OR  PRICE  REDUCTIONS
NOT  AVAILABLE  TO  THE  GENERAL  PUBLIC, INCLUDING, BUT NOT LIMITED TO,

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

                                                           LBD01557-01-5

A. 9548                             2

DISCOUNTS OR PRICE REDUCTIONS PROVIDED PURSUANT TO AN  AWARDS,  REWARDS,
LOYALTY, OR PROMOTIONAL PROGRAM.
  3.  ALL  LETTERS,  WORDS,  FIGURES,  OR NUMERALS WHICH ARE PART OF THE
ADVERTISING MEDIA REQUIRED BY SUBDIVISION TWO OF THIS SECTION 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.
  4.  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 FIVE HUNDRED
DOLLARS FOR A FIRST OFFENSE, UP TO ONE THOUSAND  DOLLARS  FOR  A  SECOND
OFFENSE,  AND  UP  TO  TEN  THOUSAND  DOLLARS  FOR A THIRD OR SUBSEQUENT
OFFENSE.
  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.
  5. 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
SO LONG AS THE AMENDMENTS REMAIN IN  SUBSTANTIAL  CONFORMITY  WITH  THIS
SECTION.  THE  PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN THE COUN-
TIES OUTSIDE THE CITY OF NEW YORK BY THE  COUNTY  OR  CITY  DIRECTOR  OF
WEIGHTS AND MEASURES, 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 OF AGRICULTURE AND MARKETS.
  C. ANY PERSON, FIRM OR CORPORATION OFFERING FOR SALE  OR  SELLING  ANY
MOTOR  FUEL  TO THE PUBLIC OPERATING WITHIN A POLITICAL SUBDIVISION THAT
HAS ENACTED A LOCAL ZONING ORDINANCE OR LOCAL LAW REGARDING  ADVERTISING
MEDIUMS  THAT  PREVENT  COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION
MAY APPLY  TO  THE  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS  FOR  AN
EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION OR A MODIFIED COMPLIANCE
SCHEME  THAT ADDRESSES THE ISSUE PREVENTING COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS SECTION.   THE COMMISSIONER  OF  AGRICULTURE  AND  MARKETS
SHALL,  FOLLOWING  AN  INVESTIGATION,  AT  HIS  OR  HER SOLE DISCRETION,
APPROVE OR DENY THE REQUEST FOR AN EXEMPTION OR MODIFICATION.
  6. 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.
  7. NOTHING IN THIS SECTION PROHIBITS ANY PERSON, FIRM  OR  CORPORATION
WHO  HAS  POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM IN COMPLIANCE
WITH THIS SECTION FROM DISPLAYING  ADDITIONAL  PRICING  SIGNS,  PROVIDED
THAT  SUCH  ADDITIONAL  PRICING SIGNS ARE OF SMALLER SIZE THAN THE MEDIA

A. 9548                             3

REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND THE  ADDITIONAL
PRICING SIGNS DO NOT OBSTRUCT OR INTERFERE WITH THE REQUIRED ADVERTISING
MEDIUM.
  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 CASH DISCOUNT IS OFFERED, AT  LEAST  ONE  SIGN  OR  LABEL
SHALL  BE  CONSPICUOUSLY DISPLAYED ON THE DISPENSER INDICATING THE PRICE
PER GALLON OF THE FUEL AFTER THE CASH DISCOUNT. SUCH SIGN OR LABEL  MUST
DISPLAY  SUCH  PRICE 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-i to read as follows:
  S  192-I. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM "ADVERTIS-
ING MEDIUM," AS USED IN THIS SECTION, SHALL MEAN A STREET  SIGN  LOCATED
WITHIN  TEN  FEET  OF  THE  MAIN ENTRANCE OF THE PLACE OF BUSINESS OR AS
CLOSE AS PRACTICABLE.
  2. A. IN THE EVENT THAT THE SAME  GRADE  OF  MOTOR  FUEL  IS  SOLD  AT
DIFFERENT  PRICES  FROM  ANY SINGLE PLACE OF BUSINESS, THEN THE PLACE OF
BUSINESS MUST HAVE AN ADVERTISING MEDIUM THAT: (I)  COMPLIES  WITH  THIS
SECTION;  (II)  DISPLAYS  AT  LEAST THE HIGHER OF THE PRICES OFFERED FOR
THAT GRADE OF MOTOR FUEL; AND (III) IS A STREET SIGN, WHICH IS AT  LEAST
SIX FEET HIGH AND FOUR FEET WIDE AND AT LEAST EIGHT FEET OFF THE GROUND.
  B.  THE ADVERTISING MEDIUM REQUIRED PURSUANT TO THIS SECTION SHALL, TO
THE EXTENT PRACTICABLE, BE CLEARLY VISIBLE FROM EACH STREET  OR  HIGHWAY
WHICH  HAS  A  MOTOR VEHICLE ACCESS POINT TO THE PLACE OF BUSINESS. WHEN
THE PLACE OF BUSINESS IS SITUATED AT AN  INTERSECTION,  THE  ADVERTISING
MEDIUM  SHALL,  TO  THE EXTENT PRACTICABLE, BE CLEARLY VISIBLE FROM EACH
STREET OF THE INTERSECTION. FOR THE PURPOSES OF THIS SECTION, MOTOR FUEL
DOES NOT INCLUDE PROPANE.
  C. 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.
  3.  ALL  LETTERS,  WORDS,  FIGURES,  OR NUMERALS WHICH ARE PART OF THE
ADVERTISING MEDIA REQUIRED BY SUBDIVISION TWO OF THIS SECTION 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.
  4.  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 FIVE HUNDRED
DOLLARS FOR A FIRST OFFENSE, UP TO ONE THOUSAND  DOLLARS  FOR  A  SECOND
OFFENSE,  AND  UP  TO  TEN  THOUSAND  DOLLARS  FOR A THIRD OR SUBSEQUENT
OFFENSE.

A. 9548                             4

  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.  ANY  PERSON,  FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC OPERATING WITHIN A POLITICAL  SUBDIVISION  THAT
HAS  ENACTED A LOCAL ZONING ORDINANCE OR LOCAL LAW REGARDING ADVERTISING
MEDIUMS THAT PREVENT COMPLIANCE WITH THE REQUIREMENTS  OF  THIS  SECTION
MAY  APPLY TO THE COMMISSIONER FOR AN EXEMPTION FROM THE REQUIREMENTS OF
THIS SECTION OR A MODIFIED COMPLIANCE SCHEME THAT  ADDRESSES  THE  ISSUE
PREVENTING  COMPLIANCE  WITH  THE  REQUIREMENTS  OF  THIS SECTION.   THE
COMMISSIONER SHALL, FOLLOWING AN  INVESTIGATION,  AT  HIS  OR  HER  SOLE
DISCRETION,  APPROVE  OR  DENY THE REQUEST FOR AN EXEMPTION OR MODIFICA-
TION.
  5. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY
OR  APPROPRIATE  TO  CARRY OUT THE PROVISIONS OF THIS SECTION, AND SHALL
MAKE AVAILABLE ON THE DEPARTMENT'S WEBSITE A SUMMARY OF  THE  PROVISIONS
OF THIS SECTION AND ANY REGULATIONS PROMULGATED THEREUNDER.
  6.  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
SO  LONG  AS  THE  AMENDMENTS REMAIN IN SUBSTANTIAL CONFORMITY WITH THIS
SECTION. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN  THE  COUN-
TIES  OUTSIDE  THE  CITY  OF  NEW YORK BY THE COUNTY OR CITY DIRECTOR OF
WEIGHTS AND MEASURES, 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.
  7.  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.
  8.  NOTHING  IN THIS SECTION PROHIBITS ANY PERSON, FIRM OR CORPORATION
WHO HAS POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM  IN  COMPLIANCE
WITH  THIS  SECTION  FROM  DISPLAYING ADDITIONAL PRICING SIGNS, PROVIDED
THAT SUCH ADDITIONAL PRICING SIGNS ARE OF SMALLER SIZE  THAN  THE  MEDIA
REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND THE ADDITIONAL
PRICING SIGNS DO NOT OBSTRUCT OR INTERFERE WITH THE REQUIRED ADVERTISING
MEDIUM.
  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.