Bill Text: NY A00931 | 2023-2024 | General Assembly | Introduced


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 10-2)

Status: (Introduced) 2024-01-03 - referred to consumer affairs and protection [A00931 Detail]

Download: New_York-2023-A00931-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           931

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by  M. of A. DINOWITZ, PAULIN, L. ROSENTHAL, COLTON, WEPRIN,
          GUNTHER, DILAN, ZEBROWSKI, BARRETT, McDONOUGH -- Multi-Sponsored by --
          M. of A. 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:

     1    Section 1. The general business law is amended by adding a new section
     2  396-xx to read as follows:
     3    § 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
    20  maintained  in a clear and conspicuous manner.  For the purposes of this
    21  section, motor fuel does not include propane.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00785-01-3

        A. 931                              2

     1    c. This subdivision shall not apply to discounts or  price  reductions
     2  not  available  to  the  general  public, including, but not limited to,
     3  discounts or price reductions provided pursuant to an  awards,  rewards,
     4  loyalty, or promotional program.
     5    3.  All  letters,  words,  figures,  or numerals which are part of the
     6  advertising media required by subdivision two of this section shall have
     7  a heavy type face or stroke, shall be clearly visible, and of a color or
     8  tint that will contrast the letters, words, figures,  or  numerals  with
     9  the  background  of  the  advertising  media. The height of the letters,
    10  figures, and numerals, except the letter "l" and numeral one, shall  not
    11  be more than twice the width.
    12    4.  a.  Failure  to  comply  with the provisions of this section shall
    13  subject a person, firm or corporation offering for sale or  selling  any
    14  motor  fuel  to  the  public  to  a  civil penalty of up to five hundred
    15  dollars for a first offense, up to one thousand  dollars  for  a  second
    16  offense,  and  up  to  ten  thousand  dollars  for a third or subsequent
    17  offense.
    18    b. The provisions of this section may be enforced concurrently by  the
    19  director  of  a municipal consumer affairs office, or by the town attor-
    20  ney, city corporation counsel, or other lawful  designee  of  a  munici-
    21  pality  or local government, and all moneys collected under this section
    22  shall be retained by such municipality or local government.
    23    5. 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  so long as the amendments remain in  substantial  conformity  with  this
    34  section.  The  provisions of this section shall be enforced in the coun-
    35  ties outside the city of New York by the  county  or  city  director  of
    36  weights and measures, as the case may be, and in the city of New York by
    37  the department of consumer affairs.
    38    b.  Any  political  subdivision  may,  by  ordinance, exempt specified
    39  geographic areas for the  provisions  of  this  section  for  scenic  or
    40  historic  preservation  purposes  upon approval of such exemption by the
    41  commissioner of agriculture and markets.
    42    c. Any person, firm or corporation offering for sale  or  selling  any
    43  motor  fuel  to the public operating within a political subdivision that
    44  has enacted a local zoning ordinance or local law regarding  advertising
    45  mediums  that  prevent  compliance with the requirements of this section
    46  may apply  to  the  commissioner  of  agriculture  and  markets  for  an
    47  exemption from the requirements of this section or a modified compliance
    48  scheme  that addresses the issue preventing compliance with the require-
    49  ments of this section.   The commissioner  of  agriculture  and  markets
    50  shall,  following  an  investigation,  at  his  or  her sole discretion,
    51  approve or deny the request for an exemption or modification.
    52    6. Nothing in this section shall apply to signs or  placards  required
    53  to  be  posted pursuant to subdivision five of section one hundred nine-
    54  ty-two of the agriculture and markets law.
    55    7. Nothing in this section prohibits any person, firm  or  corporation
    56  who  has  posted or displayed a sign or advertising medium in compliance

        A. 931                              3

     1  with this section from displaying  additional  pricing  signs,  provided
     2  that  such  additional  pricing signs are of smaller size than the media
     3  required pursuant to subdivision two of this section and the  additional
     4  pricing signs do not obstruct or interfere with the required advertising
     5  medium.
     6    § 2. Subparagraph (iii) of paragraph a of subdivision 5 of section 192
     7  of  the  agriculture  and  markets law, as amended by chapter 101 of the
     8  laws of 1986, is amended and a new subparagraph (iv) is added to read as
     9  follows:
    10    (iii) where  a  multiple  product  dispensing  device  is  capable  of
    11  dispensing  multiple products at multiple prices, then the selling price
    12  per gallon [may] shall be posted thereon with numerals at least one-half
    13  that height and one-half that width required by subparagraph (i) of this
    14  paragraph, although numerals  representing  tenths  of  a  cent  may  be
    15  displayed  at  no less than one-half those dimensions which disclose the
    16  selling price per gallon of such motor fuel dispensed therefrom[.]; or
    17    (iv) where a cash discount is offered, at  least  one  sign  or  label
    18  shall  be  conspicuously displayed on the dispenser indicating the price
    19  per gallon of the fuel after the cash discount. Such sign or label  must
    20  display  such  price in letters and numerals not less than one-half inch
    21  high.
    22    § 3. The agriculture and markets  law  is  amended  by  adding  a  new
    23  section 192-i to read as follows:
    24    §  192-i. Advertising medium; motor fuel sales. 1. The term "advertis-
    25  ing medium," as used in this section, shall mean a street  sign  located
    26  within  ten  feet  of  the  main entrance of the place of business or as
    27  close as practicable.
    28    2. a. In the event that the same  grade  of  motor  fuel  is  sold  at
    29  different  prices  from  any single place of business, then the place of
    30  business must have an advertising medium that: (i)  complies  with  this
    31  section;  (ii)  displays  at  least the higher of the prices offered for
    32  that grade of motor fuel; and (iii) is a street sign, which is at  least
    33  six feet high and four feet wide and at least eight feet off the ground.
    34    b.  The advertising medium required pursuant to this section shall, to
    35  the extent practicable, be clearly visible from each street  or  highway
    36  which  has  a  motor vehicle access point to the place of business. When
    37  the place of business is situated at an  intersection,  the  advertising
    38  medium  shall,  to  the extent practicable, be clearly visible from each
    39  street of the intersection. For the purposes of this section, motor fuel
    40  does not include propane.
    41    c. This subdivision shall not apply to discounts or  price  reductions
    42  not  available  to  the  general  public, including, but not limited to,
    43  discounts or price reductions provided pursuant to an  awards,  rewards,
    44  loyalty, or promotional program.
    45    3.  All  letters,  words,  figures,  or numerals which are part of the
    46  advertising media required by subdivision two of this section shall have
    47  a heavy type face or stroke, shall be clearly visible, and of a color or
    48  tint that will contrast the letters, words, figures,  or  numerals  with
    49  the  background  of  the  advertising  media. The height of the letters,
    50  figures, and numerals, except the letter "l" and numeral one, shall  not
    51  be more than twice the width.
    52    4.  a.  Failure  to  comply  with the provisions of this section shall
    53  subject a person, firm or corporation offering for sale or  selling  any
    54  motor  fuel  to  the  public  to  a  civil penalty of up to five hundred
    55  dollars for a first offense, up to one thousand  dollars  for  a  second

        A. 931                              4

     1  offense,  and  up  to  ten  thousand  dollars  for a third or subsequent
     2  offense.
     3    b.  The provisions of this section may be enforced concurrently by the
     4  director of a municipal consumer affairs office, or by the  town  attor-
     5  ney,  city  corporation  counsel,  or other lawful designee of a munici-
     6  pality or local government, and all moneys collected under this  section
     7  shall be retained by such municipality or local government.
     8    c.  Any  person,  firm or corporation offering for sale or selling any
     9  motor fuel to the public operating within a political  subdivision  that
    10  has  enacted a local zoning ordinance or local law regarding advertising
    11  mediums that prevent compliance with the requirements  of  this  section
    12  may  apply to the commissioner for an exemption from the requirements of
    13  this section or a modified compliance scheme that  addresses  the  issue
    14  preventing  compliance  with  the  requirements  of  this section.   The
    15  commissioner shall, following an  investigation,  at  his  or  her  sole
    16  discretion,  approve  or  deny the request for an exemption or modifica-
    17  tion.
    18    5. The commissioner shall promulgate rules and  regulations  necessary
    19  or  appropriate  to  carry out the provisions of this section, and shall
    20  make available on the department's website a summary of  the  provisions
    21  of this section and any regulations promulgated thereunder.
    22    6.  a.  The  provisions of this section shall not apply to any person,
    23  firm or corporation offering for sale or selling any motor fuel  to  the
    24  public operating within a political subdivision that has already enacted
    25  and  continues  in  effect a local law, ordinance, rule or regulation in
    26  substantial conformity with this section. The provisions of this section
    27  shall not be construed to limit in any way the authority of a  political
    28  subdivision  to  enact, implement and continue to enforce local laws and
    29  regulations governing the sale of motor fuels that were in effect  prior
    30  to  the  effective  date  of  this  section,  or to enact, implement and
    31  enforce any amendments thereto after the effective date of this  section
    32  so  long  as  the  amendments remain in substantial conformity with this
    33  section. The provisions of this section shall be enforced in  the  coun-
    34  ties  outside  the  city  of  New York by the county or city director of
    35  weights and measures, as the case may be, and in the city of New York by
    36  the department 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    § 4. This act shall take effect on the one hundred eightieth day after
    52  it shall have become a law. Effective immediately, the  commissioner  of
    53  agriculture  and markets is authorized to promulgate any rules and regu-
    54  lations necessary to implement this act  on  or  before  such  effective
    55  date.
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