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This entry was published on 2020-10-16
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SECTION 396-X
Gasoline stations; air pumps required
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 396-x. Gasoline stations; air pumps required. 1. Definition. As
used in this section: "dealer" shall mean any person owning or operating
a premise or facility with four or more gas dispensing nozzles for the
retail sale of motor fuels for use in motor vehicles.

2. Any dealer must provide on the premises where motor fuel is sold at
retail for use in motor vehicles a functioning motor driven air
compressor capable of inflating automobile tires for use by customers
during hours in which such station is open for business. Jurisdiction in
all matters pertaining to this subdivision shall be vested exclusively
in the state. Any provision of any local law or ordinance or any rule or
regulation promulgated thereto governing tire inflation operation or
equipment shall upon the effective date of the chapter of the laws of
two thousand twenty that amended this subdivision be preempted. Nothing
in this section shall be construed to restrict a municipality from
enforcing the provisions of this subdivision as it relates to providing
functioning tire inflation equipment as required by the commissioner of
agriculture and markets.

3. Wilful failure to comply with the provisions of this section shall
subject a dealer to a civil penalty of up to twenty-five dollars for
each day such failure occurs. If the failure to comply results from the
breakdown of the air compressor, the failure to repair within a
reasonable time shall constitute wilful conduct.

* NB There are 2 § 396-x's