Bill Text: NY A04315 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires an advertising medium at the location offering the sale of motor fuel.
Spectrum: Moderate Partisan Bill (Democrat 15-3)
Status: (Introduced - Dead) 2011-03-29 - enacting clause stricken [A04315 Detail]
Download: New_York-2011-A04315-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4315
2011-2012 Regular Sessions
I N A S S E M B L Y
February 3, 2011
___________
Introduced by M. of A. GABRYSZAK, REILLY, GUNTHER, ORTIZ, SPANO, MILLMAN
-- Multi-Sponsored by -- M. of A. BARRON, CAHILL, FINCH, GALEF, GOTT-
FRIED, HOOPER, MAYERSOHN, McDONOUGH, MENG, SCARBOROUGH, THIELE, WEIS-
ENBERG -- 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 requiring an advertising medium present at any
premises offering the sale of motor fuel
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
2 section 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 INCLUDE, BUT NOT BE LIMITED
5 TO, A BANNER, SIGN, PLACARD, POSTER, STREAMER, AND CARD.
6 2. EVERY PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
7 MOTOR FUEL TO THE PUBLIC FROM ANY PLACE OF BUSINESS SHALL DISPLAY ON THE
8 PREMISES AN ADVERTISING MEDIUM WHICH COMPLIES WITH THE REQUIREMENTS OF
9 THIS SECTION AND WHICH ADVERTISES THE PRICES OF THE THREE MAJOR GRADES
10 OF MOTOR FUEL OFFERED FOR SALE. THE ADVERTISING MEDIUM SHALL BE CLEARLY
11 VISIBLE FROM THE STREET OR HIGHWAY ADJACENT TO THE PREMISES. WHEN THE
12 PLACE OF BUSINESS IS SITUATED AT AN INTERSECTION, THE ADVERTISING MEDIUM
13 SHALL BE CLEARLY VISIBLE FROM EACH STREET OF THE INTERSECTION. FOR THE
14 PURPOSES OF THIS SECTION, MOTOR FUEL DOES NOT INCLUDE PROPANE.
15 3. A. IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
16 ANY ADVERTISING MEDIUM WHICH INDICATES THE PRICE OF MOTOR FUEL UNLESS
17 THE ADVERTISING MEDIUM DISPLAYS ALL OF THE FOLLOWING:
18 (1) THE PRICE PER GALLON, INCLUDING ALL TAXES, IN NUMERALS, AND FRAC-
19 TIONS WHEN APPLICABLE, NOT LESS THAN SIX INCHES IN HEIGHT AND OF UNIFORM
20 SIZE AND COLOR. FOR THE PURPOSE OF ARTICLE SIXTEEN OF THE AGRICULTURE
21 AND MARKETS LAW, FRACTIONS ARE CONSIDERED ONE NUMERAL;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08625-01-1
A. 4315 2
1 (2) THE TRADEMARK OR BRAND OF THE MOTOR FUEL IN LETTERS, FIGURES, OR
2 NUMERALS NOT LESS THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING
3 THE PRICE;
4 (3) THE WORD "GASOLINE" OR THE NAME OF OTHER MOTOR FUEL IN LETTERS NOT
5 LESS THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING THE PRICE, BUT
6 THESE WORDS NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT; AND
7 (4) THE GRADE DESIGNATION OF THE MOTOR FUEL IN LETTERS OR NUMERALS NOT
8 LESS THAN ONE-SIXTH THE SIZE OF THE NUMERALS DESIGNATING THE PRICE, BUT
9 THIS DESIGNATION NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT.
10 B. (1) IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
11 AN ADVERTISING MEDIUM WHICH ADVERTISES A DISCOUNT OR PRICE REDUCTION FOR
12 MOTOR FUEL, UNLESS THE ADVERTISING MEDIUM CONTAINS ALL THE FOLLOWING:
13 (I) THE PRICE PER GALLON FROM WHICH THE DISCOUNT OR PRICE REDUCTION IS
14 TO BE TAKEN;
15 (II) THE AMOUNT OF THE DISCOUNT OR PRICE REDUCTION IN CENTS PER GALLON
16 USING NUMERALS WHICH DO NOT EXCEED THE HEIGHT OF THE NUMERALS IN THE
17 ADVERTISED PRICE; AND
18 (III) THE CONDITIONS OF THE DISCOUNT OR PRICE REDUCTION USING WORDS
19 WHOSE LETTERS ARE NOT LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMER-
20 ALS.
21 (2) ANY LIMITATIONS UNDER WHICH THE DISCOUNT OR PRICE REDUCTION IS
22 OFFERED SHALL BE EXPLAINED IN WORDS WHOSE LETTERS ARE NOT LESS THAN
23 ONE-THIRD THE SIZE OF THE NUMERALS INDICATING THE PRICES.
24 (3) THERE SHALL BE AVAILABLE FOR EACH CUSTOMER'S REFERENCE, A CHART
25 SHOWING THE AMOUNT OF DISCOUNT IN ONE CENT INCREMENTS, OR THE RETAIL
26 DISPENSERS USED TO DISPENSE FUEL AT THE DISCOUNT PRICE SHALL BE SET TO
27 COMPUTE THE TOTAL SALE AT THE DISCOUNTED PRICE PER GALLON AND SHALL BE
28 CLEARLY LABELED "INCLUDES CASH DISCOUNT" IN LETTERS NOT LESS THAN ONE
29 INCH IN HEIGHT.
30 C. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
31 ON OR NEAR THE PREMISES OF ANY PLACE OF BUSINESS IN THIS STATE ANY
32 ADVERTISING MEDIUM WHICH ADVERTISES THE PRICE OF MOTOR OIL OFFERED FOR
33 SALE WITHOUT CONSPICUOUSLY SHOWING ON THE SAME ADVERTISING MEDIUM THE
34 BRAND OF THE MOTOR OIL AND THE NAME OF THE PRODUCT. THE LETTERS, FIGURES
35 AND NUMERALS USED TO DESIGNATE THE BRAND AND THE NAME OF THE PRODUCT
36 SHALL NOT BE LESS THAN ONE-HALF THE SIZE OF THE NUMERALS DESIGNATING THE
37 PRICE.
38 D. IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO PLACE ANY
39 ADDITIONAL ADVERTISING MATTER ON ANY ADVERTISING MEDIUM SUBJECT TO THE
40 REQUIREMENTS OF ARTICLE SIXTEEN OF THE AGRICULTURE AND MARKETS LAW
41 EXCEPT:
42 (1) A DESCRIPTION OF THE PRODUCTS OFFERED FOR SALE IN LETTERS OR
43 NUMERALS NOT LARGER THAN THE PRICE NUMERALS;
44 (2) METHODS OF SALE, SUCH AS SELF-SERVE OR FULL-SERVE, IN LETTERS NOT
45 LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMERALS; OR
46 (3) WORDS DESCRIBING THE TYPE OF SERVICES OFFERED AT THE PLACE OF
47 BUSINESS, SUCH AS FOOD MARKET, CARWASH, TUNE UP, AND THE REGISTERED
48 TRADEMARK OR TRADE NAME OF THE SERVICE, BUT NOT THE PRICE OF THE
49 SERVICE.
50 THIS SUBDIVISION DOES NOT APPLY TO ELECTRONIC CHANGEABLE MESSAGE
51 CENTERS WHEN THE ADVERTISING CONTENT INCLUDES BOTH THE PRODUCT OFFERED
52 FOR SALE AND ITS PRICE IN A SINGLE ADVERTISING MESSAGE, OR WHEN THE
53 PRODUCT AND PRICE COMPONENTS OF THE ADVERTISING MESSAGE CLEARLY RELATE
54 TO ONE ANOTHER AND THE PRICE NEITHER STARTS NOR ENDS THE MESSAGE.
A. 4315 3
1 E. IF ANY MOTOR FUEL OR MOTOR OIL IS ADVERTISED FOR SALE, BUT NOT
2 UNDER ANY BRAND DESIGNATION, THE WORDS "NO BRAND" SHALL BE USED ON THE
3 ADVERTISING MEDIUM AS A BRAND DESIGNATION.
4 4. IN THE EVENT THAT THE SAME GRADE OF MOTOR FUEL IS SOLD AT DIFFERENT
5 PRICES FROM ANY SINGLE PLACE OF BUSINESS, IT IS UNLAWFUL FOR ANY PERSON,
6 FIRM OR CORPORATION TO DISPLAY ANY ADVERTISING MEDIUM WHICH ADVERTISES A
7 PRICE OF A GRADE OF MOTOR FUEL UNLESS THE ADVERTISING MEDIUM ADVERTISES
8 IN NUMERALS OF EQUAL SIZE EACH OF THE HIGHER PRICES, INCLUDING ALL TAXES
9 FOR WHICH THE GRADE IS SOLD OR OFFERED FOR SALE, AND UNLESS THE ADVER-
10 TISING MEDIUM EXPLAINS THE CONDITIONS, AND ANY LIMITATIONS, UNDER WHICH
11 THAT GRADE IS SOLD OR OFFERED FOR SALE AT DIFFERENT PRICES. THE WORDS OF
12 EXPLANATION SHALL BE CLEARLY SHOWN IN LETTERS AT LEAST ONE-THIRD THE
13 SIZE OF THE NUMERALS INDICATING THE PRICES. THE DIFFERENT PRICES AT
14 WHICH THE SAME GRADE OF MOTOR FUEL IS SOLD OR OFFERED FOR SALE SHALL BE
15 ADVERTISED AS PERMITTED OR REQUIRED BY ARTICLE SIXTEEN OF THE AGRICUL-
16 TURE AND MARKETS LAW.
17 5. ALL LETTERS, WORDS, FIGURES, OR NUMERALS WHICH ARE PART OF THE
18 ADVERTISING MEDIA REFERRED TO IN ARTICLE SIXTEEN OF THE AGRICULTURE AND
19 MARKETS LAW SHALL HAVE A HEAVY TYPE FACE OR STROKE, SHALL BE CLEARLY
20 VISIBLE, AND OF A COLOR OR TINT THAT WILL CONTRAST THE LETTERS, WORDS,
21 FIGURES, OR NUMERALS WITH THE BACKGROUND OF THE ADVERTISING MEDIA. THE
22 HEIGHT OF THE LETTERS, FIGURES, AND NUMERALS, EXCEPT THE LETTER "L" AND
23 NUMERAL ONE, SHALL NOT BE MORE THAN TWICE THE WIDTH.
24 6. A. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL
25 SUBJECT A PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
26 MOTOR FUEL TO THE PUBLIC TO A CIVIL PENALTY OF UP TO FIFTY DOLLARS FOR
27 EACH DAY SUCH FAILURE OCCURS.
28 B. THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
29 DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE TOWN ATTOR-
30 NEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE OF A MUNICI-
31 PALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER THIS SECTION
32 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
33 C. NO PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
34 MOTOR FUEL TO THE PUBLIC SHALL BE GUILTY OF THE INFRACTION SPECIFIED IN
35 PARAGRAPH A OF THIS SUBDIVISION IF THAT PERSON, WITHIN SEVEN DAYS AFTER
36 RECEIVING NOTIFICATION FROM THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS
37 OFFICE, OR THE TOWN ATTORNEY, CITY CORPORATION COUNSEL, OTHER LAWFUL
38 DESIGNEE OF A MUNICIPALITY OR LOCAL GOVERNMENT, OR ATTORNEY GENERAL OF
39 ANY VIOLATION OF THIS SECTION, MAKES WHATEVER CHANGES ARE NECESSARY TO
40 COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
41 7. A. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON,
42 FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY MOTOR FUEL TO THE
43 PUBLIC OPERATING WITHIN A POLITICAL SUBDIVISION THAT HAS ALREADY ENACTED
44 AND CONTINUES IN EFFECT A LOCAL LAW, ORDINANCE, RULE OR REGULATION IN
45 SUBSTANTIAL CONFORMITY WITH THIS SECTION. THE PROVISIONS OF THIS SECTION
46 SHALL NOT BE CONSTRUED TO LIMIT IN ANY WAY THE AUTHORITY OF A POLITICAL
47 SUBDIVISION TO ENACT, IMPLEMENT AND CONTINUE TO ENFORCE LOCAL LAWS AND
48 REGULATIONS GOVERNING THE SALE OF MOTOR FUELS THAT WERE IN EFFECT PRIOR
49 TO THE EFFECTIVE DATE OF THIS SECTION, OR TO ENACT, IMPLEMENT AND
50 ENFORCE ANY AMENDMENTS THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION.
51 THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN THE COUNTIES OUTSIDE
52 THE CITY OF NEW YORK BY THE COUNTY OR CITY DIRECTOR OF WEIGHTS AND MEAS-
53 URES, AS THE CASE MAY BE, AND IN THE CITY OF NEW YORK BY THE DEPARTMENT
54 OF CONSUMER AFFAIRS.
55 B. ANY POLITICAL SUBDIVISION MAY, BY ORDINANCE, EXEMPT SPECIFIED
56 GEOGRAPHIC AREAS FOR THE PROVISIONS OF THIS SECTION FOR SCENIC OR
A. 4315 4
1 HISTORIC PRESERVATION PURPOSES UPON APPROVAL OF SUCH EXEMPTION BY THE
2 COMMISSIONER.
3 8. NOTHING IN THIS SECTION SHALL APPLY TO SIGNS OR PLACARDS REQUIRED
4 TO BE POSTED PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED NINE-
5 TY-TWO OF THE AGRICULTURE AND MARKETS LAW. HOWEVER, ANY NUMERALS DESIG-
6 NATING THE PRICE PER GALLON FOR A PARTICULAR BRAND AND GRADE OF MOTOR
7 FUEL PERMITTED OR REQUIRED UNDER SUBDIVISION FIVE OF SECTION ONE HUNDRED
8 NINETY-TWO OF THE AGRICULTURE AND MARKETS LAW SHALL, UNLESS OTHERWISE
9 STATED, BE IDENTICAL IN NUMERICAL VALUE WITH THE PRICE PER GALLON FOR
10 THE SAME BRAND AND GRADE OF MOTOR FUEL PERMITTED OR REQUIRED UNDER THIS
11 SECTION.
12 9. NOTHING IN THIS SECTION PROHIBITS ANY PERSON, FIRM OR CORPORATION
13 WHO HAS POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM IN COMPLIANCE
14 WITH THIS CHAPTER FROM DISPLAYING ADDITIONAL SIGNS OR ADVERTISING MEDIA
15 WHICH STATE EITHER (A) THE AMOUNT OF DISCOUNT IN CENTS PER GALLON, OR
16 (B) THE PRICE OF ONE OR MORE BRANDS OR GRADES OF MOTOR FUEL SOLD OR
17 OFFERED FOR SALE, PROVIDED THE CONDITIONS AND ANY LIMITATIONS OF THE
18 DISCOUNT OR PRICE OF THE BRAND OR GRADE OF MOTOR FUEL ARE INCLUDED IN
19 THE ADDITIONAL ADVERTISING MEDIA IN LETTERS NOT LESS THAN ONE-THIRD THE
20 SIZE OF THE NUMERALS INDICATING THE DISCOUNT OR PRICE.
21 S 2. Subparagraph (iii) of paragraph a of subdivision 5 of section 192
22 of the agriculture and markets law, as amended by chapter 101 of the
23 laws of 1986, is amended and a new subparagraph (iv) is added to read as
24 follows:
25 (iii) where a multiple product dispensing device is capable of
26 dispensing multiple products at multiple prices, then the selling price
27 per gallon [may] SHALL be posted thereon with numerals at least one-half
28 that height and one-half that width required by subparagraph (i) of this
29 paragraph, although numerals representing tenths of a cent may be
30 displayed at no less than one-half those dimensions which disclose the
31 selling price per gallon of such motor fuel dispensed therefrom[.]; OR
32 (IV) WHERE A DISCOUNT FOR CASH IS OFFERED FROM A DISPENSING DEVICE
33 COMPUTING ONLY AT THE CREDIT PRICE, AT LEAST ONE SIGN OR LABEL SHALL BE
34 CONSPICUOUSLY DISPLAYED ON THE DISPENSER INDICATING THAT THE DISPENSER
35 IS COMPUTING AT THE CREDIT PRICE AND INDICATING THE AMOUNT OF THE
36 DISCOUNT PER GALLON IN LETTERS AND NUMERALS NOT LESS THAN ONE-HALF INCH
37 HIGH.
38 S 3. The agriculture and markets law is amended by adding a new
39 section 192-h to read as follows:
40 S 192-H. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM "ADVERTIS-
41 ING MEDIUM," AS USED IN THIS SECTION, SHALL INCLUDE, BUT NOT BE LIMITED
42 TO, A BANNER, SIGN, PLACARD, POSTER, STREAMER, AND CARD.
43 2. EVERY PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
44 MOTOR FUEL TO THE PUBLIC FROM ANY PLACE OF BUSINESS SHALL DISPLAY ON THE
45 PREMISES AN ADVERTISING MEDIUM WHICH COMPLIES WITH THE REQUIREMENTS OF
46 THIS SECTION AND WHICH ADVERTISES THE PRICES OF THE THREE MAJOR GRADES
47 OF MOTOR FUEL OFFERED FOR SALE. THE ADVERTISING MEDIUM SHALL BE CLEARLY
48 VISIBLE FROM THE STREET OR HIGHWAY ADJACENT TO THE PREMISES. WHEN THE
49 PLACE OF BUSINESS IS SITUATED AT AN INTERSECTION, THE ADVERTISING MEDIUM
50 SHALL BE CLEARLY VISIBLE FROM EACH STREET OF THE INTERSECTION. FOR THE
51 PURPOSES OF THIS SECTION, MOTOR FUEL DOES NOT INCLUDE PROPANE.
52 3. A. IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
53 ANY ADVERTISING MEDIUM WHICH INDICATES THE PRICE OF MOTOR FUEL UNLESS
54 THE ADVERTISING MEDIUM DISPLAYS ALL OF THE FOLLOWING:
55 (1) THE PRICE PER GALLON, INCLUDING ALL TAXES, IN NUMERALS, AND FRAC-
56 TIONS WHEN APPLICABLE, NOT LESS THAN SIX INCHES IN HEIGHT AND OF UNIFORM
A. 4315 5
1 SIZE AND COLOR. FOR THE PURPOSE OF THIS ARTICLE, FRACTIONS ARE CONSID-
2 ERED ONE NUMERAL;
3 (2) THE TRADEMARK OR BRAND OF THE MOTOR FUEL IN LETTERS, FIGURES, OR
4 NUMERALS NOT LESS THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING
5 THE PRICE;
6 (3) THE WORD "GASOLINE" OR THE NAME OF OTHER MOTOR FUEL IN LETTERS NOT
7 LESS THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING THE PRICE, BUT
8 THESE WORDS NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT; AND
9 (4) THE GRADE DESIGNATION OF THE MOTOR FUEL IN LETTERS OR NUMERALS NOT
10 LESS THAN ONE-SIXTH THE SIZE OF THE NUMERALS DESIGNATING THE PRICE, BUT
11 THIS DESIGNATION NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT.
12 B. (1) IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
13 AN ADVERTISING MEDIUM WHICH ADVERTISES A DISCOUNT OR PRICE REDUCTION FOR
14 MOTOR FUEL, UNLESS THE ADVERTISING MEDIUM CONTAINS ALL THE FOLLOWING:
15 (I) THE PRICE PER GALLON FROM WHICH THE DISCOUNT OR PRICE REDUCTION IS
16 TO BE TAKEN;
17 (II) THE AMOUNT OF THE DISCOUNT OR PRICE REDUCTION IN CENTS PER GALLON
18 USING NUMERALS WHICH DO NOT EXCEED THE HEIGHT OF THE NUMERALS IN THE
19 ADVERTISED PRICE; AND
20 (III) THE CONDITIONS OF THE DISCOUNT OR PRICE REDUCTION USING WORDS
21 WHOSE LETTERS ARE NOT LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMER-
22 ALS.
23 (2) ANY LIMITATIONS UNDER WHICH THE DISCOUNT OR PRICE REDUCTION IS
24 OFFERED SHALL BE EXPLAINED IN WORDS WHOSE LETTERS ARE NOT LESS THAN
25 ONE-THIRD THE SIZE OF THE NUMERALS INDICATING THE PRICES.
26 (3) THERE SHALL BE AVAILABLE FOR EACH CUSTOMER'S REFERENCE, A CHART
27 SHOWING THE AMOUNT OF DISCOUNT IN ONE CENT INCREMENTS, OR THE RETAIL
28 DISPENSERS USED TO DISPENSE FUEL AT THE DISCOUNT PRICE SHALL BE SET TO
29 COMPUTE THE TOTAL SALE AT THE DISCOUNTED PRICE PER GALLON AND SHALL BE
30 CLEARLY LABELED "INCLUDES CASH DISCOUNT" IN LETTERS NOT LESS THAN ONE
31 INCH IN HEIGHT.
32 C. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
33 ON OR NEAR THE PREMISES OF ANY PLACE OF BUSINESS IN THIS STATE ANY
34 ADVERTISING MEDIUM WHICH ADVERTISES THE PRICE OF MOTOR OIL OFFERED FOR
35 SALE WITHOUT CONSPICUOUSLY SHOWING ON THE SAME ADVERTISING MEDIUM THE
36 BRAND OF THE MOTOR OIL AND THE NAME OF THE PRODUCT. THE LETTERS, FIGURES
37 AND NUMERALS USED TO DESIGNATE THE BRAND AND THE NAME OF THE PRODUCT
38 SHALL NOT BE LESS THAN ONE-HALF THE SIZE OF THE NUMERALS DESIGNATING THE
39 PRICE.
40 D. IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO PLACE ANY
41 ADDITIONAL ADVERTISING MATTER ON ANY ADVERTISING MEDIUM SUBJECT TO THE
42 REQUIREMENTS OF THIS ARTICLE EXCEPT:
43 (1) A DESCRIPTION OF THE PRODUCTS OFFERED FOR SALE IN LETTERS OR
44 NUMERALS NOT LARGER THAN THE PRICE NUMERALS;
45 (2) METHODS OF SALE, SUCH AS SELF-SERVE OR FULL-SERVE, IN LETTERS NOT
46 LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMERALS; OR
47 (3) WORDS DESCRIBING THE TYPE OF SERVICES OFFERED AT THE PLACE OF
48 BUSINESS, SUCH AS FOOD MARKET, CARWASH, TUNE UP, AND THE REGISTERED
49 TRADEMARK OR TRADE NAME OF THE SERVICE, BUT NOT THE PRICE OF THE
50 SERVICE.
51 THIS SUBDIVISION DOES NOT APPLY TO ELECTRONIC CHANGEABLE MESSAGE
52 CENTERS WHEN THE ADVERTISING CONTENT INCLUDES BOTH THE PRODUCT OFFERED
53 FOR SALE AND ITS PRICE IN A SINGLE ADVERTISING MESSAGE, OR WHEN THE
54 PRODUCT AND PRICE COMPONENTS OF THE ADVERTISING MESSAGE CLEARLY RELATE
55 TO ONE ANOTHER AND THE PRICE NEITHER STARTS NOR ENDS THE MESSAGE.
A. 4315 6
1 E. IF ANY MOTOR FUEL OR MOTOR OIL IS ADVERTISED FOR SALE, BUT NOT
2 UNDER ANY BRAND DESIGNATION, THE WORDS "NO BRAND" SHALL BE USED ON THE
3 ADVERTISING MEDIUM AS A BRAND DESIGNATION.
4 4. IN THE EVENT THAT THE SAME GRADE OF MOTOR FUEL IS SOLD AT DIFFERENT
5 PRICES FROM ANY SINGLE PLACE OF BUSINESS, IT IS UNLAWFUL FOR ANY PERSON,
6 FIRM OR CORPORATION TO DISPLAY ANY ADVERTISING MEDIUM WHICH ADVERTISES A
7 PRICE OF A GRADE OF MOTOR FUEL UNLESS THE ADVERTISING MEDIUM ADVERTISES
8 IN NUMERALS OF EQUAL SIZE EACH OF THE HIGHER PRICES, INCLUDING ALL TAXES
9 FOR WHICH THE GRADE IS SOLD OR OFFERED FOR SALE, AND UNLESS THE ADVER-
10 TISING MEDIUM EXPLAINS THE CONDITIONS, AND ANY LIMITATIONS, UNDER WHICH
11 THAT GRADE IS SOLD OR OFFERED FOR SALE AT DIFFERENT PRICES. THE WORDS OF
12 EXPLANATION SHALL BE CLEARLY SHOWN IN LETTERS AT LEAST ONE-THIRD THE
13 SIZE OF THE NUMERALS INDICATING THE PRICES. THE DIFFERENT PRICES AT
14 WHICH THE SAME GRADE OF MOTOR FUEL IS SOLD OR OFFERED FOR SALE SHALL BE
15 ADVERTISED AS PERMITTED OR REQUIRED BY THIS ARTICLE.
16 5. ALL LETTERS, WORDS, FIGURES, OR NUMERALS WHICH ARE PART OF THE
17 ADVERTISING MEDIA REFERRED TO IN THIS ARTICLE SHALL HAVE A HEAVY TYPE
18 FACE OR STROKE, SHALL BE CLEARLY VISIBLE, AND OF A COLOR OR TINT THAT
19 WILL CONTRAST THE LETTERS, WORDS, FIGURES, OR NUMERALS WITH THE BACK-
20 GROUND OF THE ADVERTISING MEDIA. THE HEIGHT OF THE LETTERS, FIGURES, AND
21 NUMERALS, EXCEPT THE LETTER "L" AND NUMERAL ONE, SHALL NOT BE MORE THAN
22 TWICE THE WIDTH.
23 6. A. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL
24 SUBJECT A PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
25 MOTOR FUEL TO THE PUBLIC TO A CIVIL PENALTY OF UP TO FIFTY DOLLARS FOR
26 EACH DAY SUCH FAILURE OCCURS.
27 B. THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
28 DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE TOWN ATTOR-
29 NEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE OF A MUNICI-
30 PALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER THIS SECTION
31 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
32 C. NO PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
33 MOTOR FUEL TO THE PUBLIC SHALL BE GUILTY OF THE INFRACTION SPECIFIED IN
34 PARAGRAPH A OF THIS SUBDIVISION IF THAT PERSON, WITHIN SEVEN DAYS AFTER
35 RECEIVING NOTIFICATION FROM THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS
36 OFFICE, OR THE TOWN ATTORNEY, CITY CORPORATION COUNSEL, OTHER LAWFUL
37 DESIGNEE OF A MUNICIPALITY OR LOCAL GOVERNMENT, OR ATTORNEY GENERAL OF
38 ANY VIOLATION OF THIS SECTION, MAKES WHATEVER CHANGES ARE NECESSARY TO
39 COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
40 7. A. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON,
41 FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY MOTOR FUEL TO THE
42 PUBLIC OPERATING WITHIN A POLITICAL SUBDIVISION THAT HAS ALREADY ENACTED
43 AND CONTINUES IN EFFECT A LOCAL LAW, ORDINANCE, RULE OR REGULATION IN
44 SUBSTANTIAL CONFORMITY WITH THIS SECTION. THE PROVISIONS OF THIS SECTION
45 SHALL NOT BE CONSTRUED TO LIMIT IN ANY WAY THE AUTHORITY OF A POLITICAL
46 SUBDIVISION TO ENACT, IMPLEMENT AND CONTINUE TO ENFORCE LOCAL LAWS AND
47 REGULATIONS GOVERNING THE SALE OF MOTOR FUELS THAT WERE IN EFFECT PRIOR
48 TO THE EFFECTIVE DATE OF THIS SECTION, OR TO ENACT, IMPLEMENT AND
49 ENFORCE ANY AMENDMENTS THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION.
50 THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN THE COUNTIES OUTSIDE
51 THE CITY OF NEW YORK BY THE COUNTY OR CITY DIRECTOR OF WEIGHTS AND MEAS-
52 URES, AS THE CASE MAY BE, AND IN THE CITY OF NEW YORK BY THE DEPARTMENT
53 OF CONSUMER AFFAIRS.
54 B. ANY POLITICAL SUBDIVISION MAY, BY ORDINANCE, EXEMPT SPECIFIED
55 GEOGRAPHIC AREAS FOR THE PROVISIONS OF THIS SECTION FOR SCENIC OR
A. 4315 7
1 HISTORIC PRESERVATION PURPOSES UPON APPROVAL OF SUCH EXEMPTION BY THE
2 COMMISSIONER.
3 8. NOTHING IN THIS SECTION SHALL APPLY TO SIGNS OR PLACARDS REQUIRED
4 TO BE POSTED PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED NINE-
5 TY-TWO OF THIS ARTICLE. HOWEVER, ANY NUMERALS DESIGNATING THE PRICE PER
6 GALLON FOR A PARTICULAR BRAND AND GRADE OF MOTOR FUEL PERMITTED OR
7 REQUIRED UNDER SUBDIVISION FIVE OF SECTION ONE HUNDRED NINETY-TWO OF
8 THIS ARTICLE SHALL, UNLESS OTHERWISE STATED, BE IDENTICAL IN NUMERICAL
9 VALUE WITH THE PRICE PER GALLON FOR THE SAME BRAND AND GRADE OF MOTOR
10 FUEL PERMITTED OR REQUIRED UNDER THIS SECTION.
11 9. NOTHING IN THIS SECTION PROHIBITS ANY PERSON, FIRM OR CORPORATION
12 WHO HAS POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM IN COMPLIANCE
13 WITH THIS CHAPTER FROM DISPLAYING ADDITIONAL SIGNS OR ADVERTISING MEDIA
14 WHICH STATE EITHER (A) THE AMOUNT OF DISCOUNT IN CENTS PER GALLON, OR
15 (B) THE PRICE OF ONE OR MORE BRANDS OR GRADES OF MOTOR FUEL SOLD OR
16 OFFERED FOR SALE, PROVIDED THE CONDITIONS AND ANY LIMITATIONS OF THE
17 DISCOUNT OR PRICE OF THE BRAND OR GRADE OF MOTOR FUEL ARE INCLUDED IN
18 THE ADDITIONAL ADVERTISING MEDIA IN LETTERS NOT LESS THAN ONE-THIRD THE
19 SIZE OF THE NUMERALS INDICATING THE DISCOUNT OR PRICE.
20 S 4. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law.
