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A04315 Summary:

BILL NOA04315
 
SAME ASNo same as
 
SPONSORGabryszak (MS)
 
COSPNSRReilly, Gunther, Ortiz, Spano, Millman
 
MLTSPNSRBarron, Cahill, Finch, Galef, Gottfried, Hooper, Mayersohn, McDonough, Meng, Scarborough, Thiele, Weisenberg
 
Add S396-xx, Gen Bus L; amd S192, add S192-h, Ag & Mkts L
 
Requires an advertising medium at the location offering the sale of motor fuel.
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A04315 Actions:

BILL NOA04315
 
02/03/2011referred to consumer affairs and protection
03/29/2011enacting clause stricken
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A04315 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4315
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    § 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    § 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    §  3.  The  agriculture  and  markets  law  is amended by adding a new
    39  section 192-h to read as follows:
    40    § 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    § 4. This act shall take effect on the one hundred eightieth day after

    21  it shall have become a law.
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