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.