STATE OF NEW YORK
________________________________________________________________________
500
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
Introduced by Sens. KAMINSKY, SEPULVEDA -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Consumer
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.
LBD01189-01-9
S. 500 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
S. 500 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
S. 500 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; 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.