S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2578
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced   by   M.  of  A.  DINOWITZ,  PAULIN,  JAFFEE,  L. ROSENTHAL,
   M. G. MILLER, COLTON, GALEF, LAVINE, WEPRIN, GUNTHER, BUCHWALD, DILAN,
   ZEBROWSKI, BARRETT, ARROYO, GOTTFRIED, McDONOUGH, MONTESANO --  Multi-
   Sponsored  by  --  M.  of A. LENTOL, PERRY, RA, STECK -- 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:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01189-01-9

 A. 2578                             2
 
   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.
   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

 A. 2578                             3

 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.
   § 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.
   § 3. The agriculture and markets  law  is  amended  by  adding  a  new
 section 192-i to read as follows:
   §  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

 A. 2578                             4
 
 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.
   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.
   § 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.