Bill Text: NY A01752 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Specifies requirements for motor fuel advertising media; requires clearly visible signs relating to the pricing of motor fuels.

Spectrum: Moderate Partisan Bill (Democrat 22-3)

Status: (Introduced - Dead) 2014-04-01 - reported referred to codes [A01752 Detail]

Download: New_York-2013-A01752-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1752
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. DINOWITZ, PAULIN, JAFFEE, MAISEL, ROBERTS, ROSEN-
         THAL, MILLER, WEISENBERG, SCARBOROUGH, COLTON, GALEF, MILLMAN, LAVINE,
         WEPRIN,  GUNTHER,  HOOPER,  MONTESANO,  McDONOUGH, LOSQUADRO -- Multi-
         Sponsored by -- M. of A.  CLARK, COOK, 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:
    1    Section 1. The general business law is amended by adding a new section
    2  396-xx to read as follows:
    3    S 396-XX. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM "ADVERTIS-
    4  ING  MEDIUM,"  AS USED IN THIS SECTION, SHALL MEAN A STREET SIGN LOCATED
    5  WITHIN TEN FEET OF THE MAIN ENTRANCE OF THE  PLACE  OF  BUSINESS  OR  AS
    6  CLOSE AS PRACTICABLE.
    7    2.  A.  IN  THE  EVENT  THAT  THE  SAME GRADE OF MOTOR FUEL IS SOLD AT
    8  DIFFERENT PRICES FROM ANY SINGLE PLACE OF BUSINESS, THEN  THE  PLACE  OF
    9  BUSINESS  MUST  HAVE  AN ADVERTISING MEDIUM THAT: (I) COMPLIES WITH THIS
   10  SECTION; (II) DISPLAYS AT LEAST THE HIGHER OF  THE  PRICES  OFFERED  FOR
   11  THAT  GRADE OF MOTOR FUEL; AND (III) IS A STREET SIGN, WHICH IS AT LEAST
   12  SIX FEET HIGH AND FOUR FEET WIDE AND AT LEAST EIGHT FEET OFF THE GROUND.
   13    B. THE ADVERTISING MEDIUM SHALL, TO THE EXTENT PRACTICABLE, BE CLEARLY
   14  VISIBLE FROM EACH STREET OR HIGHWAY WHICH HAS  A  MOTOR  VEHICLE  ACCESS
   15  POINT  TO  THE PLACE OF BUSINESS. WHEN THE PLACE OF BUSINESS IS SITUATED
   16  AT AN INTERSECTION, THE ADVERTISING MEDIUM  REQUIRED  PURSUANT  TO  THIS
   17  SECTION  SHALL,  TO THE EXTENT PRACTICABLE, BE CLEARLY VISIBLE FROM EACH
   18  STREET OF THE INTERSECTION. ALL INFORMATION REQUIRED TO BE  INCLUDED  ON
   19  SUCH  ADVERTISING  MEDIUM  PURSUANT  TO  THIS SECTION SHALL BE POSTED OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03110-02-3
       A. 1752                             2
    1  MAINTAINED IN A CLEAR AND CONSPICUOUS MANNER.  FOR THE PURPOSES OF  THIS
    2  SECTION, MOTOR FUEL DOES NOT INCLUDE PROPANE.
    3    C.  THIS  SUBDIVISION SHALL NOT APPLY TO DISCOUNTS OR PRICE REDUCTIONS
    4  NOT AVAILABLE TO THE GENERAL PUBLIC,  INCLUDING,  BUT  NOT  LIMITED  TO,
    5  DISCOUNTS  OR  PRICE REDUCTIONS PROVIDED PURSUANT TO AN AWARDS, REWARDS,
    6  LOYALTY, OR PROMOTIONAL PROGRAM.
    7    3. ALL LETTERS, WORDS, FIGURES, OR NUMERALS  WHICH  ARE  PART  OF  THE
    8  ADVERTISING MEDIA REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL HAVE
    9  A HEAVY TYPE FACE OR STROKE, SHALL BE CLEARLY VISIBLE, AND OF A COLOR OR
   10  TINT  THAT  WILL  CONTRAST THE LETTERS, WORDS, FIGURES, OR NUMERALS WITH
   11  THE BACKGROUND OF THE ADVERTISING MEDIA.  THE  HEIGHT  OF  THE  LETTERS,
   12  FIGURES,  AND NUMERALS, EXCEPT THE LETTER "L" AND NUMERAL ONE, SHALL NOT
   13  BE MORE THAN TWICE THE WIDTH.
   14    4. A. FAILURE TO COMPLY WITH THE  PROVISIONS  OF  THIS  SECTION  SHALL
   15  SUBJECT  A  PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
   16  MOTOR FUEL TO THE PUBLIC TO A  CIVIL  PENALTY  OF  UP  TO  FIVE  HUNDRED
   17  DOLLARS  FOR  A  FIRST  OFFENSE, UP TO ONE THOUSAND DOLLARS FOR A SECOND
   18  OFFENSE, AND UP TO TEN  THOUSAND  DOLLARS  FOR  A  THIRD  OR  SUBSEQUENT
   19  OFFENSE.
   20    B.  THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
   21  DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE  TOWN  ATTOR-
   22  NEY,  CITY  CORPORATION  COUNSEL,  OR OTHER LAWFUL DESIGNEE OF A MUNICI-
   23  PALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER THIS  SECTION
   24  SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   25    5.  A.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON,
   26  FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY MOTOR FUEL  TO  THE
   27  PUBLIC OPERATING WITHIN A POLITICAL SUBDIVISION THAT HAS ALREADY ENACTED
   28  AND  CONTINUES  IN  EFFECT A LOCAL LAW, ORDINANCE, RULE OR REGULATION IN
   29  SUBSTANTIAL CONFORMITY WITH THIS SECTION. THE PROVISIONS OF THIS SECTION
   30  SHALL NOT BE CONSTRUED TO LIMIT IN ANY WAY THE AUTHORITY OF A  POLITICAL
   31  SUBDIVISION  TO  ENACT, IMPLEMENT AND CONTINUE TO ENFORCE LOCAL LAWS AND
   32  REGULATIONS GOVERNING THE SALE OF MOTOR FUELS THAT WERE IN EFFECT  PRIOR
   33  TO  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  OR TO ENACT, IMPLEMENT AND
   34  ENFORCE ANY AMENDMENTS THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION.
   35  THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN THE COUNTIES OUTSIDE
   36  THE CITY OF NEW YORK BY THE COUNTY OR CITY DIRECTOR OF WEIGHTS AND MEAS-
   37  URES, AS THE CASE MAY BE, AND IN THE CITY OF NEW YORK BY THE  DEPARTMENT
   38  OF CONSUMER AFFAIRS.
   39    B.  ANY  POLITICAL  SUBDIVISION  MAY,  BY  ORDINANCE, EXEMPT SPECIFIED
   40  GEOGRAPHIC AREAS FOR THE  PROVISIONS  OF  THIS  SECTION  FOR  SCENIC  OR
   41  HISTORIC  PRESERVATION  PURPOSES  UPON APPROVAL OF SUCH EXEMPTION BY THE
   42  COMMISSIONER OF AGRICULTURE AND MARKETS.
   43    C. ANY PERSON, FIRM OR CORPORATION OFFERING FOR SALE  OR  SELLING  ANY
   44  MOTOR  FUEL  TO THE PUBLIC OPERATING WITHIN A POLITICAL SUBDIVISION THAT
   45  HAS ENACTED A LOCAL ZONING ORDINANCE OR LOCAL LAW REGARDING  ADVERTISING
   46  MEDIUMS  THAT  PREVENT  COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION
   47  MAY APPLY  TO  THE  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS  FOR  AN
   48  EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION OR A MODIFIED COMPLIANCE
   49  SCHEME  THAT ADDRESSES THE ISSUE PREVENTING COMPLIANCE WITH THE REQUIRE-
   50  MENTS OF THIS SECTION.   THE COMMISSIONER  OF  AGRICULTURE  AND  MARKETS
   51  SHALL,  FOLLOWING  AN  INVESTIGATION,  AT  HIS  OR  HER SOLE DISCRETION,
   52  APPROVE OR DENY THE REQUEST FOR AN EXEMPTION OR MODIFICATION.
   53    6. NOTHING IN THIS SECTION SHALL APPLY TO SIGNS OR  PLACARDS  REQUIRED
   54  TO  BE  POSTED PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED NINE-
   55  TY-TWO OF THE AGRICULTURE AND MARKETS LAW.
       A. 1752                             3
    1    7. NOTHING IN THIS SECTION PROHIBITS ANY PERSON, FIRM  OR  CORPORATION
    2  WHO  HAS  POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM IN COMPLIANCE
    3  WITH THIS SECTION FROM DISPLAYING  ADDITIONAL  PRICING  SIGNS,  PROVIDED
    4  THAT  SUCH  ADDITIONAL  PRICING SIGNS ARE OF SMALLER SIZE THAN THE MEDIA
    5  REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND THE ADDITIONAL
    6  PRICING SIGNS DO NOT OBSTRUCT OR INTERFERE WITH THE REQUIRED ADVERTISING
    7  MEDIUM.
    8    S 2. Subparagraph (iii) of paragraph a of subdivision 5 of section 192
    9  of the agriculture and markets law, as amended by  chapter  101  of  the
   10  laws of 1986, is amended and a new subparagraph (iv) is added to read as
   11  follows:
   12    (iii)  where  a  multiple  product  dispensing  device  is  capable of
   13  dispensing multiple products at multiple prices, then the selling  price
   14  per gallon [may] SHALL be posted thereon with numerals at least one-half
   15  that height and one-half that width required by subparagraph (i) of this
   16  paragraph,  although  numerals  representing  tenths  of  a  cent may be
   17  displayed at no less than one-half those dimensions which  disclose  the
   18  selling price per gallon of such motor fuel dispensed therefrom[.]; OR
   19    (IV)  WHERE  A  CASH  DISCOUNT  IS OFFERED, AT LEAST ONE SIGN OR LABEL
   20  SHALL BE CONSPICUOUSLY DISPLAYED ON THE DISPENSER INDICATING  THE  PRICE
   21  PER  GALLON OF THE FUEL AFTER THE CASH DISCOUNT. SUCH SIGN OR LABEL MUST
   22  DISPLAY SUCH PRICE IN LETTERS AND NUMERALS NOT LESS THAN  ONE-HALF  INCH
   23  HIGH.
   24    S  3.  The  agriculture  and  markets  law  is amended by adding a new
   25  section 192-h to read as follows:
   26    S 192-H. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM  "ADVERTIS-
   27  ING  MEDIUM,"  AS USED IN THIS SECTION, SHALL MEAN A STREET SIGN LOCATED
   28  WITHIN TEN FEET OF THE MAIN ENTRANCE OF THE  PLACE  OF  BUSINESS  OR  AS
   29  CLOSE AS PRACTICABLE.
   30    2.  A.  IN  THE  EVENT  THAT  THE  SAME GRADE OF MOTOR FUEL IS SOLD AT
   31  DIFFERENT PRICES FROM ANY SINGLE PLACE OF BUSINESS, THEN  THE  PLACE  OF
   32  BUSINESS  MUST  HAVE  AN ADVERTISING MEDIUM THAT: (I) COMPLIES WITH THIS
   33  SECTION; (II) DISPLAYS AT LEAST THE HIGHER OF  THE  PRICES  OFFERED  FOR
   34  THAT  GRADE OF MOTOR FUEL; AND (III) IS A STREET SIGN, WHICH IS AT LEAST
   35  SIX FEET HIGH AND FOUR FEET WIDE AND AT LEAST EIGHT FEET OFF THE GROUND.
   36    B. THE ADVERTISING MEDIUM REQUIRED PURSUANT TO THIS SECTION SHALL,  TO
   37  THE  EXTENT  PRACTICABLE, BE CLEARLY VISIBLE FROM EACH STREET OR HIGHWAY
   38  WHICH HAS A MOTOR VEHICLE ACCESS POINT TO THE PLACE  OF  BUSINESS.  WHEN
   39  THE  PLACE  OF  BUSINESS IS SITUATED AT AN INTERSECTION, THE ADVERTISING
   40  MEDIUM SHALL, TO THE EXTENT PRACTICABLE, BE CLEARLY  VISIBLE  FROM  EACH
   41  STREET OF THE INTERSECTION. FOR THE PURPOSES OF THIS SECTION, MOTOR FUEL
   42  DOES NOT INCLUDE PROPANE.
   43    C.  THIS  SUBDIVISION SHALL NOT APPLY TO DISCOUNTS OR PRICE REDUCTIONS
   44  NOT AVAILABLE TO THE GENERAL PUBLIC,  INCLUDING,  BUT  NOT  LIMITED  TO,
   45  DISCOUNTS  OR  PRICE REDUCTIONS PROVIDED PURSUANT TO AN AWARDS, REWARDS,
   46  LOYALTY, OR PROMOTIONAL PROGRAM.
   47    3. ALL LETTERS, WORDS, FIGURES, OR NUMERALS  WHICH  ARE  PART  OF  THE
   48  ADVERTISING MEDIA REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL HAVE
   49  A HEAVY TYPE FACE OR STROKE, SHALL BE CLEARLY VISIBLE, AND OF A COLOR OR
   50  TINT  THAT  WILL  CONTRAST THE LETTERS, WORDS, FIGURES, OR NUMERALS WITH
   51  THE BACKGROUND OF THE ADVERTISING MEDIA.  THE  HEIGHT  OF  THE  LETTERS,
   52  FIGURES,  AND NUMERALS, EXCEPT THE LETTER "L" AND NUMERAL ONE, SHALL NOT
   53  BE MORE THAN TWICE THE WIDTH.
   54    4. A. FAILURE TO COMPLY WITH THE  PROVISIONS  OF  THIS  SECTION  SHALL
   55  SUBJECT  A  PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
   56  MOTOR FUEL TO THE PUBLIC TO A  CIVIL  PENALTY  OF  UP  TO  FIVE  HUNDRED
       A. 1752                             4
    1  DOLLARS  FOR  A  FIRST  OFFENSE, UP TO ONE THOUSAND DOLLARS FOR A SECOND
    2  OFFENSE, AND UP TO TEN  THOUSAND  DOLLARS  FOR  A  THIRD  OR  SUBSEQUENT
    3  OFFENSE.
    4    B.  THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
    5  DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE  TOWN  ATTOR-
    6  NEY,  CITY  CORPORATION  COUNSEL,  OR OTHER LAWFUL DESIGNEE OF A MUNICI-
    7  PALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER THIS  SECTION
    8  SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
    9    C.  ANY  PERSON,  FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
   10  MOTOR FUEL TO THE PUBLIC OPERATING WITHIN A POLITICAL  SUBDIVISION  THAT
   11  HAS  ENACTED A LOCAL ZONING ORDINANCE OR LOCAL LAW REGARDING ADVERTISING
   12  MEDIUMS THAT PREVENT COMPLIANCE WITH THE REQUIREMENTS  OF  THIS  SECTION
   13  MAY  APPLY TO THE COMMISSIONER FOR AN EXEMPTION FROM THE REQUIREMENTS OF
   14  THIS SECTION OR A MODIFIED COMPLIANCE SCHEME THAT  ADDRESSES  THE  ISSUE
   15  PREVENTING  COMPLIANCE  WITH  THE  REQUIREMENTS  OF  THIS SECTION.   THE
   16  COMMISSIONER SHALL, FOLLOWING AN  INVESTIGATION,  AT  HIS  OR  HER  SOLE
   17  DISCRETION,  APPROVE  OR  DENY THE REQUEST FOR AN EXEMPTION OR MODIFICA-
   18  TION.
   19    5. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY
   20  OR  APPROPRIATE  TO  CARRY OUT THE PROVISIONS OF THIS SECTION, AND SHALL
   21  MAKE AVAILABLE ON THE DEPARTMENT'S WEBSITE A SUMMARY OF  THE  PROVISIONS
   22  OF THIS SECTION AND ANY REGULATIONS PROMULGATED THEREUNDER.
   23    6.  A.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON,
   24  FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY MOTOR FUEL  TO  THE
   25  PUBLIC OPERATING WITHIN A POLITICAL SUBDIVISION THAT HAS ALREADY ENACTED
   26  AND  CONTINUES  IN  EFFECT A LOCAL LAW, ORDINANCE, RULE OR REGULATION IN
   27  SUBSTANTIAL CONFORMITY WITH THIS SECTION. THE PROVISIONS OF THIS SECTION
   28  SHALL NOT BE CONSTRUED TO LIMIT IN ANY WAY THE AUTHORITY OF A  POLITICAL
   29  SUBDIVISION  TO  ENACT, IMPLEMENT AND CONTINUE TO ENFORCE LOCAL LAWS AND
   30  REGULATIONS GOVERNING THE SALE OF MOTOR FUELS THAT WERE IN EFFECT  PRIOR
   31  TO  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  OR TO ENACT, IMPLEMENT AND
   32  ENFORCE ANY AMENDMENTS THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION.
   33  THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN THE COUNTIES OUTSIDE
   34  THE CITY OF NEW YORK BY THE COUNTY OR CITY DIRECTOR OF WEIGHTS AND MEAS-
   35  URES, AS THE CASE MAY BE, AND IN THE CITY OF NEW YORK BY THE  DEPARTMENT
   36  OF CONSUMER AFFAIRS.
   37    B.  ANY  POLITICAL  SUBDIVISION  MAY,  BY  ORDINANCE, EXEMPT SPECIFIED
   38  GEOGRAPHIC AREAS FOR THE  PROVISIONS  OF  THIS  SECTION  FOR  SCENIC  OR
   39  HISTORIC  PRESERVATION  PURPOSES  UPON APPROVAL OF SUCH EXEMPTION BY THE
   40  COMMISSIONER.
   41    7. NOTHING IN THIS SECTION SHALL APPLY TO SIGNS OR  PLACARDS  REQUIRED
   42  TO  BE  POSTED PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED NINE-
   43  TY-TWO OF THIS ARTICLE.
   44    8. NOTHING IN THIS SECTION PROHIBITS ANY PERSON, FIRM  OR  CORPORATION
   45  WHO  HAS  POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM IN COMPLIANCE
   46  WITH THIS SECTION FROM DISPLAYING  ADDITIONAL  PRICING  SIGNS,  PROVIDED
   47  THAT  SUCH  ADDITIONAL  PRICING SIGNS ARE OF SMALLER SIZE THAN THE MEDIA
   48  REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND THE  ADDITIONAL
   49  PRICING SIGNS DO NOT OBSTRUCT OR INTERFERE WITH THE REQUIRED ADVERTISING
   50  MEDIUM.
   51    S 4. This act shall take effect on the one hundred eightieth day after
   52  it  shall  have become a law; provided that the commissioner of agricul-
   53  ture and markets is authorized to promulgate any rules  and  regulations
   54  necessary to implement this act on or before its effective date.