A9927A-2011 Actions

• Jun 15, 2012: amend and recommit to rules 9927d
• Jun 14, 2012: reported referred to rules
• Jun 13, 2012: print number 9927c
• Jun 13, 2012: amend and recommit to codes
• May 31, 2012: reported referred to codes
• May 25, 2012: print number 9927b
• May 25, 2012: amend and recommit to consumer affairs and protection
• May 10, 2012: print number 9927a
• May 10, 2012: amend and recommit to consumer affairs and protection
• Apr 24, 2012: referred to consumer affairs and protection

A9927A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 9927--A
 I N  ASSEMBLY
 April 24, 2012
 
 Introduced  by  M.  of  A.  DINOWITZ, P. RIVERA, PAULIN, JAFFEE, MAISEL,
 ROBERTS,  ROSENTHAL,  M. MILLER,  WEISENBERG,   SCARBOROUGH,   COLTON,
 MONTESANO,  GALEF,  MILLMAN,  McDONOUGH,  LOSQUADRO,  LAVINE,  WEPRIN,
 GUNTHER, HOOPER -- Multi-Sponsored by --  M.  of  A.  CALHOUN,  CLARK,
 COOK,  MARKEY,  RA,  SWEENEY,  THIELE -- read once and referred to the
 Committee on Consumer Affairs and Protection -- committee  discharged,
 bill  amended,  ordered  reprinted  as amended and recommitted to said
 committee
 

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:

 

Section 1. The general business law is amended by adding a new section
 396-xx to read as follows:

 

S 396-XX. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM "ADVERTIS
 ING MEDIUM," AS USED IN THIS SECTION, SHALL MEAN A STREET SIGN, WHICH IS
 AT  LEAST  SIX  FEET HIGH AND FOUR FEET WIDE AND AT LEAST EIGHT FEET OFF
 THE GROUND.
 2. A. EVERY PERSON, FIRM OR CORPORATION OFFERING FOR SALE  OR  SELLING
 ANY  MOTOR  FUEL TO THE PUBLIC AT DIFFERENT PRICES FROM ANY SINGLE PLACE
 OF BUSINESS SHALL DISPLAY ON THE PREMISES  AN  ADVERTISING  MEDIUM  THAT
 COMPLIES  WITH  THE  REQUIREMENTS OF THIS SECTION AND WHICH DISPLAYS THE
 HIGHER OF THE PRICES OFFERED FOR THAT GRADE OF MOTOR FUEL.  SUCH  ADVER
 TISING MEDIUM SHALL, IN A CLEAR AND CONSPICUOUS MANNER, INCLUDE A NOTICE
 EXPLAINING  THE  CONDITIONS, AND ANY LIMITATIONS, UNDER WHICH THAT GRADE
 IS SOLD OR OFFERED FOR SALE AT DIFFERENT PRICES.
 B. THE ADVERTISING MEDIUM SHALL BE CLEARLY VISIBLE FROM EACH STREET OR
 HIGHWAY WHICH HAS A MOTOR VEHICLE ACCESS POINT TO THE PLACE OF BUSINESS.
 WHEN THE PLACE OF BUSINESS IS SITUATED AT AN INTERSECTION, THE ADVERTIS
 ING MEDIUM REQUIRED PURSUANT TO THIS SECTION SHALL, TO THE EXTENT  PRAC
 TICABLE,  BE  CLEARLY  VISIBLE FROM EACH STREET OF THE INTERSECTION. ALL
 INFORMATION REQUIRED TO BE INCLUDED ON SUCH ADVERTISING MEDIUM  PURSUANT
 TO THIS SECTION SHALL BE POSTED OR MAINTAINED IN A CLEAR AND CONSPICUOUS
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15327-02-2
 
       A. 9927--A                          2
 MANNER.    FOR THE PURPOSES OF THIS SECTION, MOTOR FUEL DOES NOT INCLUDE
 PROPANE.
 C.  THIS  SUBDIVISION SHALL NOT APPLY TO DISCOUNTS OR PRICE REDUCTIONS
 NOT AVAILABLE TO THE GENERAL PUBLIC,  INCLUDING,  BUT  NOT  LIMITED  TO,
 DISCOUNTS  OR  PRICE REDUCTIONS PROVIDED PURSUANT TO AN AWARDS, REWARDS,
 LOYALTY, OR PROMOTIONAL PROGRAM.
 3. ALL LETTERS, WORDS, FIGURES, OR NUMERALS  WHICH  ARE  PART  OF  THE
 ADVERTISING MEDIA REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL HAVE
 A HEAVY TYPE FACE OR STROKE, SHALL BE CLEARLY VISIBLE, AND OF A COLOR OR
 TINT  THAT  WILL  CONTRAST THE LETTERS, WORDS, FIGURES, OR NUMERALS WITH
 THE BACKGROUND OF THE ADVERTISING MEDIA.  THE  HEIGHT  OF  THE  LETTERS,
 FIGURES,  AND NUMERALS, EXCEPT THE LETTER "L" AND NUMERAL ONE, SHALL NOT
 BE MORE THAN TWICE THE WIDTH.
 4. A. FAILURE TO COMPLY WITH THE  PROVISIONS  OF  THIS  SECTION  SHALL
 SUBJECT  A  PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
 MOTOR FUEL TO THE PUBLIC TO A  CIVIL  PENALTY  OF  UP  TO  FIVE  HUNDRED
 DOLLARS  FOR  A  FIRST  OFFENSE, UP TO ONE THOUSAND DOLLARS FOR A SECOND
 OFFENSE, AND UP TO TEN  THOUSAND  DOLLARS  FOR  A  THIRD  OR  SUBSEQUENT
 OFFENSE.
 B.  THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
 DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE  TOWN  ATTOR
 NEY,  CITY  CORPORATION  COUNSEL,  OR OTHER LAWFUL DESIGNEE OF A MUNICI
 PALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER THIS  SECTION
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
 5.  A.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON,
 FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY MOTOR FUEL  TO  THE
 PUBLIC OPERATING WITHIN A POLITICAL SUBDIVISION THAT HAS ALREADY ENACTED
 AND  CONTINUES  IN  EFFECT A LOCAL LAW, ORDINANCE, RULE OR REGULATION IN
 SUBSTANTIAL CONFORMITY WITH THIS SECTION. THE PROVISIONS OF THIS SECTION
 SHALL NOT BE CONSTRUED TO LIMIT IN ANY WAY THE AUTHORITY OF A  POLITICAL
 SUBDIVISION  TO  ENACT, IMPLEMENT AND CONTINUE TO ENFORCE LOCAL LAWS AND
 REGULATIONS GOVERNING THE SALE OF MOTOR FUELS THAT WERE IN EFFECT  PRIOR
 TO  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  OR TO ENACT, IMPLEMENT AND
 ENFORCE ANY AMENDMENTS THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION.
 THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN THE COUNTIES OUTSIDE
 THE CITY OF NEW YORK BY THE COUNTY OR CITY DIRECTOR OF WEIGHTS AND MEAS
 URES, AS THE CASE MAY BE, AND IN THE CITY OF NEW YORK BY THE  DEPARTMENT
 OF CONSUMER AFFAIRS.
 B.  ANY  POLITICAL  SUBDIVISION  MAY,  BY  ORDINANCE, EXEMPT SPECIFIED
 GEOGRAPHIC AREAS FOR THE  PROVISIONS  OF  THIS  SECTION  FOR  SCENIC  OR
 HISTORIC  PRESERVATION  PURPOSES  UPON APPROVAL OF SUCH EXEMPTION BY THE
 COMMISSIONER OF AGRICULTURE AND MARKETS.
 6. NOTHING IN THIS SECTION SHALL APPLY TO SIGNS OR  PLACARDS  REQUIRED
 TO  BE  POSTED PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED NINE
 TY-TWO OF THE AGRICULTURE AND MARKETS LAW.
 7. NOTHING IN THIS SECTION PROHIBITS ANY PERSON, FIRM  OR  CORPORATION
 WHO  HAS  POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM IN COMPLIANCE
 WITH THIS SECTION FROM DISPLAYING ADDITIONAL SIGNS OR ADVERTISING MEDIA,
 PROVIDED THAT SUCH ADDITIONAL SIGNS OR ADVERTISING MEDIA ARE OF  SMALLER
 SIZE THAN THE MEDIA REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
 AND  THE ADDITIONAL SIGNS OR MEDIA DO NOT OBSTRUCT OR INTERFERE WITH THE
 REQUIRED ADVERTISING MEDIUM,  WHICH  STATE  EITHER:  A.  THE  AMOUNT  OF
 DISCOUNT  IN CENTS PER GALLON, OR B.  THE PRICE OF ONE OR MORE BRANDS OR
 GRADES OF MOTOR FUEL SOLD OR OFFERED FOR SALE, PROVIDED  THE  CONDITIONS
 AND  ANY  LIMITATIONS  OF THE DISCOUNT OR PRICE OF THE BRAND OR GRADE OF
 MOTOR FUEL ARE INCLUDED IN THE ADDITIONAL ADVERTISING MEDIA  IN  LETTERS
 
       A. 9927--A                          3
 NOT LESS THAN ONE-THIRD THE SIZE OF THE NUMERALS INDICATING THE DISCOUNT
 OR PRICE.
 

S 2. Subparagraph (iii) of paragraph a of subdivision 5 of section 192
 of  the  agriculture  and  markets law, as amended by chapter 101 of the
 laws of 1986, is amended and a new subparagraph (iv) is added to read as
 follows:

 (iii) where  a  multiple  product  dispensing  device  is  capable  of
 dispensing  multiple products at multiple prices, then the selling price
 per gallon [may] SHALL be posted thereon with numerals at least one-half
 that height and one-half that width required by subparagraph (i) of this
 paragraph, although numerals  representing  tenths  of  a  cent  may  be
 displayed  at  no less than one-half those dimensions which disclose the
 selling price per gallon of such motor fuel dispensed therefrom[.]; OR
 (IV) WHERE A DISCOUNT FOR CASH IS OFFERED AT LEAST ONE SIGN  OR  LABEL
 SHALL  BE CONSPICUOUSLY DISPLAYED ON THE DISPENSER INDICATING THE AMOUNT
 OF THE DISCOUNT PER  GALLON  IN  LETTERS  AND  NUMERALS  NOT  LESS  THAN
 ONE-HALF INCH HIGH.
 

S  3.  The  agriculture  and  markets  law  is amended by adding a new
 section 192-h to read as follows:

 

S 192-H. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM  "ADVERTIS
 ING MEDIUM," AS USED IN THIS SECTION, SHALL MEAN A STREET SIGN, WHICH IS
 AT  LEAST  SIX  FEET HIGH AND FOUR FEET WIDE AND AT LEAST EIGHT FEET OFF
 THE GROUND.
 2. A. EVERY PERSON, FIRM OR CORPORATION OFFERING FOR SALE  OR  SELLING
 ANY  MOTOR  FUEL TO THE PUBLIC AT DIFFERENT PRICES FROM ANY SINGLE PLACE
 OF BUSINESS SHALL DISPLAY ON THE PREMISES  AN  ADVERTISING  MEDIUM  THAT
 COMPLIES  WITH  THE  REQUIREMENTS OF THIS SECTION AND WHICH DISPLAYS THE
 HIGHER OF THE PRICES OFFERED FOR THAT GRADE OF MOTOR FUEL.  SUCH  ADVER
 TISING MEDIUM SHALL, IN A CLEAR AND CONSPICUOUS MANNER, INCLUDE A NOTICE
 EXPLAINING  THE  CONDITIONS, AND ANY LIMITATIONS, UNDER WHICH THAT GRADE
 IS SOLD OR OFFERED FOR SALE AT DIFFERENT PRICES.
 B. THE ADVERTISING MEDIUM REQUIRED PURSUANT TO THIS SECTION  SHALL  BE
 CLEARLY  VISIBLE  FROM  EACH STREET OR HIGHWAY WHICH HAS A MOTOR VEHICLE
 ACCESS POINT TO THE PLACE OF BUSINESS. WHEN THE  PLACE  OF  BUSINESS  IS
 SITUATED AT AN INTERSECTION, THE ADVERTISING MEDIUM SHALL, TO THE EXTENT
 PRACTICABLE,  BE  CLEARLY  VISIBLE FROM EACH STREET OF THE INTERSECTION.
 FOR THE PURPOSES OF THIS SECTION, MOTOR FUEL DOES NOT INCLUDE PROPANE.
 C. THIS SUBDIVISION SHALL NOT APPLY TO DISCOUNTS OR  PRICE  REDUCTIONS
 NOT  AVAILABLE  TO  THE  GENERAL  PUBLIC, INCLUDING, BUT NOT LIMITED TO,
 DISCOUNTS OR PRICE REDUCTIONS PROVIDED PURSUANT TO AN  AWARDS,  REWARDS,
 LOYALTY, OR PROMOTIONAL PROGRAM.
 3.  ALL  LETTERS,  WORDS,  FIGURES,  OR NUMERALS WHICH ARE PART OF THE
 ADVERTISING MEDIA REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL HAVE
 A HEAVY TYPE FACE OR STROKE, SHALL BE CLEARLY VISIBLE, AND OF A COLOR OR
 TINT THAT WILL CONTRAST THE LETTERS, WORDS, FIGURES,  OR  NUMERALS  WITH
 THE  BACKGROUND  OF  THE  ADVERTISING  MEDIA. THE HEIGHT OF THE LETTERS,
 FIGURES, AND NUMERALS, EXCEPT THE LETTER "L" AND NUMERAL ONE, SHALL  NOT
 BE MORE THAN TWICE THE WIDTH.
 4.  A.  FAILURE  TO  COMPLY  WITH THE PROVISIONS OF THIS SECTION SHALL
 SUBJECT A PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR  SELLING  ANY
 MOTOR  FUEL  TO  THE  PUBLIC  TO  A  CIVIL PENALTY OF UP TO FIVE HUNDRED
 DOLLARS FOR A FIRST OFFENSE, UP TO ONE THOUSAND  DOLLARS  FOR  A  SECOND
 OFFENSE,  AND  UP  TO  TEN  THOUSAND  DOLLARS  FOR A THIRD OR SUBSEQUENT
 OFFENSE.
 B. THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY  THE
 DIRECTOR  OF  A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE TOWN ATTOR
 
       A. 9927--A                          4
 NEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL  DESIGNEE  OF  A  MUNICI
 PALITY  OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER THIS SECTION
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
 5.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
 OR APPROPRIATE TO CARRY OUT THE PROVISIONS OF THIS  SECTION,  AND  SHALL
 MAKE  AVAILABLE  ON THE DEPARTMENT'S WEBSITE A SUMMARY OF THE PROVISIONS
 OF THIS SECTION AND ANY REGULATIONS PROMULGATED THEREUNDER.
 6. A. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  ANY  PERSON,
 FIRM  OR  CORPORATION OFFERING FOR SALE OR SELLING ANY MOTOR FUEL TO THE
 PUBLIC OPERATING WITHIN A POLITICAL SUBDIVISION THAT HAS ALREADY ENACTED
 AND CONTINUES IN EFFECT A LOCAL LAW, ORDINANCE, RULE  OR  REGULATION  IN
 SUBSTANTIAL CONFORMITY WITH THIS SECTION. THE PROVISIONS OF THIS SECTION
 SHALL  NOT BE CONSTRUED TO LIMIT IN ANY WAY THE AUTHORITY OF A POLITICAL
 SUBDIVISION TO ENACT, IMPLEMENT AND CONTINUE TO ENFORCE LOCAL  LAWS  AND
 REGULATIONS  GOVERNING THE SALE OF MOTOR FUELS THAT WERE IN EFFECT PRIOR
 TO THE EFFECTIVE DATE OF  THIS  SECTION,  OR  TO  ENACT,  IMPLEMENT  AND
 ENFORCE ANY AMENDMENTS THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION.
 THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN THE COUNTIES OUTSIDE
 THE CITY OF NEW YORK BY THE COUNTY OR CITY DIRECTOR OF WEIGHTS AND MEAS
 URES,  AS THE CASE MAY BE, AND IN THE CITY OF NEW YORK BY THE DEPARTMENT
 OF CONSUMER AFFAIRS.
 B. ANY POLITICAL  SUBDIVISION  MAY,  BY  ORDINANCE,  EXEMPT  SPECIFIED
 GEOGRAPHIC  AREAS  FOR  THE  PROVISIONS  OF  THIS  SECTION FOR SCENIC OR
 HISTORIC PRESERVATION PURPOSES UPON APPROVAL OF SUCH  EXEMPTION  BY  THE
 COMMISSIONER.
 7.  NOTHING  IN THIS SECTION SHALL APPLY TO SIGNS OR PLACARDS REQUIRED
 TO BE POSTED PURSUANT TO SUBDIVISION FIVE OF SECTION ONE  HUNDRED  NINE
 TY-TWO OF THIS ARTICLE.
 8.  NOTHING  IN THIS SECTION PROHIBITS ANY PERSON, FIRM OR CORPORATION
 WHO HAS POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM  IN  COMPLIANCE
 WITH THIS SECTION FROM DISPLAYING ADDITIONAL SIGNS OR ADVERTISING MEDIA,
 PROVIDED  THAT SUCH ADDITIONAL SIGNS OR ADVERTISING MEDIA ARE OF SMALLER
 SIZE THAN THE MEDIA REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
 AND THE ADDITIONAL SIGNS OR MEDIA DO NOT OBSTRUCT OR INTERFERE WITH  THE
 REQUIRED  ADVERTISING  MEDIUM,  WHICH  STATE  EITHER:  A.  THE AMOUNT OF
 DISCOUNT IN CENTS PER GALLON, OR B. THE PRICE OF ONE OR MORE  BRANDS  OR
 GRADES  OF  MOTOR FUEL SOLD OR OFFERED FOR SALE, PROVIDED THE CONDITIONS
 AND ANY LIMITATIONS OF THE DISCOUNT OR PRICE OF THE BRAND  OR  GRADE  OF
 MOTOR  FUEL  ARE INCLUDED IN THE ADDITIONAL ADVERTISING MEDIA IN LETTERS
 NOT LESS THAN ONE-THIRD THE SIZE OF THE NUMERALS INDICATING THE DISCOUNT
 OR PRICE.
 

S 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided that the commissioner  of  agricul
 ture  and  markets is authorized to promulgate any rules and regulations
 necessary to implement this act on or before its effective date.

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