STATE OF NEW YORK
________________________________________________________________________
10013
IN ASSEMBLY
May 4, 2016
___________
Introduced by M. of A. DINOWITZ, PAULIN, JAFFEE, ROSENTHAL, MILLER,
COLTON, GALEF, LAVINE, WEPRIN, GUNTHER, HOOPER, BUCHWALD, SEPULVEDA,
SKOUFIS, DILAN, ZEBROWSKI, BARRETT, ARROYO, GOTTFRIED, LINARES, McDO-
NOUGH, MONTESANO -- Multi-Sponsored by -- M. of A. COOK, LENTOL,
MAGEE, MARKEY, PERRY, RA, ROBINSON, STECK, WEINSTEIN -- 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.
22 c. This subdivision shall not apply to discounts or price reductions
23 not available to the general public, including, but not limited to,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01557-01-5
A. 10013 2
1 discounts or price reductions provided pursuant to an awards, rewards,
2 loyalty, or promotional program.
3 3. All letters, words, figures, or numerals which are part of the
4 advertising media required by subdivision two of this section shall have
5 a heavy type face or stroke, shall be clearly visible, and of a color or
6 tint that will contrast the letters, words, figures, or numerals with
7 the background of the advertising media. The height of the letters,
8 figures, and numerals, except the letter "l" and numeral one, shall not
9 be more than twice the width.
10 4. a. Failure to comply with the provisions of this section shall
11 subject a person, firm or corporation offering for sale or selling any
12 motor fuel to the public to a civil penalty of up to five hundred
13 dollars for a first offense, up to one thousand dollars for a second
14 offense, and up to ten thousand dollars for a third or subsequent
15 offense.
16 b. The provisions of this section may be enforced concurrently by the
17 director of a municipal consumer affairs office, or by the town attor-
18 ney, city corporation counsel, or other lawful designee of a munici-
19 pality or local government, and all moneys collected under this section
20 shall be retained by such municipality or local government.
21 5. a. The provisions of this section shall not apply to any person,
22 firm or corporation offering for sale or selling any motor fuel to the
23 public operating within a political subdivision that has already enacted
24 and continues in effect a local law, ordinance, rule or regulation in
25 substantial conformity with this section. The provisions of this section
26 shall not be construed to limit in any way the authority of a political
27 subdivision to enact, implement and continue to enforce local laws and
28 regulations governing the sale of motor fuels that were in effect prior
29 to the effective date of this section, or to enact, implement and
30 enforce any amendments thereto after the effective date of this section
31 so long as the amendments remain in substantial conformity with this
32 section. The provisions of this section shall be enforced in the coun-
33 ties outside the city of New York by the county or city director of
34 weights and measures, as the case may be, and in the city of New York by
35 the department of consumer affairs.
36 b. Any political subdivision may, by ordinance, exempt specified
37 geographic areas for the provisions of this section for scenic or
38 historic preservation purposes upon approval of such exemption by the
39 commissioner of agriculture and markets.
40 c. Any person, firm or corporation offering for sale or selling any
41 motor fuel to the public operating within a political subdivision that
42 has enacted a local zoning ordinance or local law regarding advertising
43 mediums that prevent compliance with the requirements of this section
44 may apply to the commissioner of agriculture and markets for an
45 exemption from the requirements of this section or a modified compliance
46 scheme that addresses the issue preventing compliance with the require-
47 ments of this section. The commissioner of agriculture and markets
48 shall, following an investigation, at his or her sole discretion,
49 approve or deny the request for an exemption or modification.
50 6. Nothing in this section shall apply to signs or placards required
51 to be posted pursuant to subdivision five of section one hundred nine-
52 ty-two of the agriculture and markets law.
53 7. Nothing in this section prohibits any person, firm or corporation
54 who has posted or displayed a sign or advertising medium in compliance
55 with this section from displaying additional pricing signs, provided
56 that such additional pricing signs are of smaller size than the media
A. 10013 3
1 required pursuant to subdivision two of this section and the additional
2 pricing signs do not obstruct or interfere with the required advertising
3 medium.
4 § 2. Subparagraph (iii) of paragraph a of subdivision 5 of section 192
5 of the agriculture and markets law, as amended by chapter 101 of the
6 laws of 1986, is amended and a new subparagraph (iv) is added to read as
7 follows:
8 (iii) where a multiple product dispensing device is capable of
9 dispensing multiple products at multiple prices, then the selling price
10 per gallon [may] shall be posted thereon with numerals at least one-half
11 that height and one-half that width required by subparagraph (i) of this
12 paragraph, although numerals representing tenths of a cent may be
13 displayed at no less than one-half those dimensions which disclose the
14 selling price per gallon of such motor fuel dispensed therefrom[.]; or
15 (iv) where a cash discount is offered, at least one sign or label
16 shall be conspicuously displayed on the dispenser indicating the price
17 per gallon of the fuel after the cash discount. Such sign or label must
18 display such price in letters and numerals not less than one-half inch
19 high.
20 § 3. The agriculture and markets law is amended by adding a new
21 section 192-i to read as follows:
22 § 192-i. Advertising medium; motor fuel sales. 1. The term "advertis-
23 ing medium," as used in this section, shall mean a street sign located
24 within ten feet of the main entrance of the place of business or as
25 close as practicable.
26 2. a. In the event that the same grade of motor fuel is sold at
27 different prices from any single place of business, then the place of
28 business must have an advertising medium that: (i) complies with this
29 section; (ii) displays at least the higher of the prices offered for
30 that grade of motor fuel; and (iii) is a street sign, which is at least
31 six feet high and four feet wide and at least eight feet off the ground.
32 b. The advertising medium required pursuant to this section shall, to
33 the extent practicable, be clearly visible from each street or highway
34 which has a motor vehicle access point to the place of business. When
35 the place of business is situated at an intersection, the advertising
36 medium shall, to the extent practicable, be clearly visible from each
37 street of the intersection. For the purposes of this section, motor fuel
38 does not include propane.
39 c. This subdivision shall not apply to discounts or price reductions
40 not available to the general public, including, but not limited to,
41 discounts or price reductions provided pursuant to an awards, rewards,
42 loyalty, or promotional program.
43 3. All letters, words, figures, or numerals which are part of the
44 advertising media required by subdivision two of this section shall have
45 a heavy type face or stroke, shall be clearly visible, and of a color or
46 tint that will contrast the letters, words, figures, or numerals with
47 the background of the advertising media. The height of the letters,
48 figures, and numerals, except the letter "l" and numeral one, shall not
49 be more than twice the width.
50 4. a. Failure to comply with the provisions of this section shall
51 subject a person, firm or corporation offering for sale or selling any
52 motor fuel to the public to a civil penalty of up to five hundred
53 dollars for a first offense, up to one thousand dollars for a second
54 offense, and up to ten thousand dollars for a third or subsequent
55 offense.
A. 10013 4
1 b. The provisions of this section may be enforced concurrently by the
2 director of a municipal consumer affairs office, or by the town attor-
3 ney, city corporation counsel, or other lawful designee of a munici-
4 pality or local government, and all moneys collected under this section
5 shall be retained by such municipality or local government.
6 c. Any person, firm or corporation offering for sale or selling any
7 motor fuel to the public operating within a political subdivision that
8 has enacted a local zoning ordinance or local law regarding advertising
9 mediums that prevent compliance with the requirements of this section
10 may apply to the commissioner for an exemption from the requirements of
11 this section or a modified compliance scheme that addresses the issue
12 preventing compliance with the requirements of this section. The
13 commissioner shall, following an investigation, at his or her sole
14 discretion, approve or deny the request for an exemption or modifica-
15 tion.
16 5. The commissioner shall promulgate rules and regulations necessary
17 or appropriate to carry out the provisions of this section, and shall
18 make available on the department's website a summary of the provisions
19 of this section and any regulations promulgated thereunder.
20 6. a. The provisions of this section shall not apply to any person,
21 firm or corporation offering for sale or selling any motor fuel to the
22 public operating within a political subdivision that has already enacted
23 and continues in effect a local law, ordinance, rule or regulation in
24 substantial conformity with this section. The provisions of this section
25 shall not be construed to limit in any way the authority of a political
26 subdivision to enact, implement and continue to enforce local laws and
27 regulations governing the sale of motor fuels that were in effect prior
28 to the effective date of this section, or to enact, implement and
29 enforce any amendments thereto after the effective date of this section
30 so long as the amendments remain in substantial conformity with this
31 section. The provisions of this section shall be enforced in the coun-
32 ties outside the city of New York by the county or city director of
33 weights and measures, as the case may be, and in the city of New York by
34 the department of consumer affairs.
35 b. Any political subdivision may, by ordinance, exempt specified
36 geographic areas for the provisions of this section for scenic or
37 historic preservation purposes upon approval of such exemption by the
38 commissioner.
39 7. Nothing in this section shall apply to signs or placards required
40 to be posted pursuant to subdivision five of section one hundred nine-
41 ty-two of this article.
42 8. Nothing in this section prohibits any person, firm or corporation
43 who has posted or displayed a sign or advertising medium in compliance
44 with this section from displaying additional pricing signs, provided
45 that such additional pricing signs are of smaller size than the media
46 required pursuant to subdivision two of this section and the additional
47 pricing signs do not obstruct or interfere with the required advertising
48 medium.
49 § 4. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law; provided that the commissioner of agricul-
51 ture and markets is authorized to promulgate any rules and regulations
52 necessary to implement this act on or before its effective date.
