Bill Text: NY S00500 | 2019-2020 | General Assembly | Introduced
Bill Title: Specifies requirements for motor fuel advertising media; requires clearly visible signs relating to the pricing of motor fuels.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S00500 Detail]
Download: New_York-2019-S00500-Introduced.html
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. LBD01189-01-9S. 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 complianceS. 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 secondS. 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.
