Section 20-672
§ 20-672 Placards to be posted. a. Except as provided in subdivision
five of section one hundred ninety-two of the agriculture and markets
law, it shall be unlawful for any person, in connection with the sale or
offer for sale at retail of any petroleum products for use in motor
vehicles or motor boats, other than gasoline or diesel motor fuel, to
post or maintain at such place of sale or offer to sale, any sign,
placard or other display that states, relates or refers to the price at
which such petroleum products are sold or offered for sale, except as
follows:
1. The price stated, mentioned or referred to on such sign, placard or
other display, shall be by the unit of the measure at which such
petroleum products are customarily sold at retail.
2. The name, trade name, brand, mark or symbol, and grade or quality
classification, if any, and method of processing of such petroleum
products shall be clearly stated on such signs, placard or other
display, and, if such petroleum products are sold without identification
by name, trade name, brand, mark or symbol, such sign, placard or other
display shall refer clearly to such petroleum products as unbranded.
b. In addition to any sign or placard required pursuant to subdivision
five of section one hundred ninety-two of the agriculture and markets
law, there shall be a sign, poster or placard clearly visible to drivers
of approaching motor vehicles on the premises of every location at which
gasoline and/or diesel motor fuel are sold or offered for sale. Such
sign shall be in a size and style to be determined by the commissioner.
Such sign, in addition to any other sign, poster or placard that
advertises the selling price of gasoline and directly or indirectly
refers to a premises where the advertised gasoline and/or diesel motor
fuel are sold or offered for sale, shall state the name, trade name,
brand, mark or symbol and grade or quality classification of such
gasoline or diesel motor fuel, together with the total selling price per
gallon. Total selling price shall be the sum of the basic price per
gallon plus all applicable taxes. Such sign, poster or placard shall
conform to the rules and regulations of all governmental agencies with
jurisdiction as to structure and location.
1. A retail dealer shall only sell at the total selling price. Any
such price when posted may not be raised for a period of not less than
twenty-four hours.
2. Where the total selling price for purchases made with cash is less
than the total selling price for purchases made with credit card, debit
card or other form of non-cash payment, such sign, poster or placard
shall state the total selling price for each type of accepted payment.
c. All numbers referring to price shall be the same height, width and
thickness. Identification of the gasoline or diesel motor fuel offered
for sale, and any non-numerical language distinguishing the total cash
selling price from the total credit card, debit card or other form of
non-cash payment selling price shall be in letters and numbers not less
than one-half of the height, width and thickness of the numbers
referring to price. Letters and numbers shall be black on a white
background.
d. Price per gallon indicator. Except as otherwise provided in article
sixteen of the agriculture and markets law or in any rule or regulations
promulgated thereunder, every gasoline or diesel motor fuel dispensing
device shall be equipped with a price per gallon indicator and shall
have such indicator correspond with the total price per gallon on the
sign, poster or placard required to be posted pursuant to subdivision
five of section one hundred ninety-two of such law or subdivision b of
this section.
e. Total price indicator. Every gasoline or diesel motor fuel
dispensing device shall be equipped with a total delivery indicator, and
such indicator shall record the correct total price computed on the
basis of posted price per gallon and number of gallons delivered.
f. Notwithstanding the foregoing, subdivisions a, b and c of this
section shall not apply to the posting of information and labeling of
dispensing devices with respect to the lead content of gasoline for
motor vehicles, which shall be governed by the provisions of subdivision
d and e of section 20-673.1 of this subchapter and any rules or
regulations promulgated thereunder, and subdivisions a, b and c of this
section shall not apply to the posting of information and labeling of
dispensing devices with respect to the octane rating of gasoline for
motor vehicles, which shall be governed by the provisions of subdivision
d of section 20-673.2 of this subchapter and any rules or regulations
promulgated thereunder.
Section 20-672.1
§ 20-672.1 Sales Record Keeping Requirements. a. Every retail dealer
of petroleum products shall maintain a daily sales record of all
petroleum products for which prices are required to be posted as
provided in section 20-672. Such records shall document the total volume
of each such type of product sold each day, the unit price and the total
daily amount of sales for each such type of product, and the date and
time when a change to the price posting specified in section 20-672 was
made.
b. All records required to be maintained shall be preserved in a
manner that ensures their security and accessibility for inspection by
the department for a period of one year.
c. All records required to be maintained shall be kept in
chronological order, either in writing or electronically, and shall be
available for inspection by the department as follows:
1. Records maintained in writing shall be retained at the premises
where sales are made for each of the immediately preceding thirty days.
Such records shall be made available on demand to the department at such
premises. The records required to be kept for the period beyond the
immediately preceding thirty days shall be presented at the offices of
the department within five business days after demand to produce them
has been served on a retail dealer.
2. Records maintained electronically shall be retained on the premises
in a manner that displays the data for the entire period for which the
electronic data system retains such data to permit an inspector to view
it on demand on the device, and if such period is for less than the
immediately preceding thirty days, then the data must be provided on
demand in a chronologically ordered print-out for the full thirty days.
A complete and accurate print out of the electronically maintained
records that are required to be kept for the period beyond the
immediately preceding thirty days shall be presented at the offices of
the department within five business days after demand to produce them
has been served on a retail dealer.
Section 20-673
§ 20-673 Fraudulent practices prohibited. It shall be unlawful for any
person to sell or offer for sale gasoline or other petroleum products
for use in motor vehicles or motor boats in any manner so as to deceive
or tend to deceive the purchaser as to the price, nature, quality or
identity thereof; provided, however, that this section shall not apply
to the prohibition of deceptive practices involving the representation
of gasoline for motor vehicles as unleaded, which shall be governed by
the provisions of section 20-673.1 of this subchapter and any rules or
regulations promulgated thereunder, and provided, further, that this
section shall not apply to the prohibition of deceptive practices
involving the certification, display or representation of the octane
rating of gasoline for motor vehicles, which shall be governed by the
provisions of section 20-673.2 of this subchapter and any rules or
regulations promulgated thereunder. It shall be unlawful for any person
to sell or offer for sale from any pump, dispensing devices or container
any gasoline or other petroleum products other than gasoline or other
petroleum products manufactured or distributed by the manufacturer or
distributor marketing such gasoline or other petroleum products under
the name, trade name, brand, symbol or mark affixed to or contained on
such pump, dispensing device or container, or to substitute, mix or
adulterate gasoline or other petroleum products sold or offered for sale
under a name, trade name, brand, symbol or mark.
Section 20-673.1
§ 20-673.1 Sale of unleaded gasoline. a. Definitions. For purposes of
this section, the following terms shall have the following meanings:
1. "Distributor" shall mean any person who transports or stores or
causes the transportation or storage of gasoline at any point between
any plant at which gasoline is produced and any retail outlet or
facility of a wholesale purchaser-consumer.
2. "Gasoline" shall mean any fuel sold for use in motor vehicles and
motor vehicle engines, and commonly or commercially known or sold as
gasoline.
3. "Lead additive" shall mean any substance containing lead or lead
compounds.
4. "Leaded gasoline" shall mean gasoline which is produced with the
use of any lead additive or which contains more than five one hundredths
of a gram of lead per gallon or more than five one thousandths of a gram
of phosphorus per gallon.
5. "Refiner" shall mean any person who owns, leases, operates,
controls or supervises a plant at which gasoline is produced.
6. "Reseller" shall mean any person who purchases gasoline identified
by the corporate, trade or brand name of a refiner from such refiner or
a distributor and resells or transfers it to retailers or wholesale
purchaser-consumers displaying the refiner's brand, and whose assets or
facilities are not substantially owned, leased or controlled by such
refiner.
7. "Retail outlet" shall mean any establishment at which gasoline is
sold or offered for sale for use in motor vehicles.
8. "Retailer" shall mean any person who owns, leases, operates,
controls, or supervises a retail outlet.
9. "Unleaded gasoline" shall mean gasoline which is produced without
the use of any lead additive and which contains not more than five one
hundredths of a gram of lead per gallon and not more than five one
thousandths of a gram of phosphorus per gallon.
10. "Wholesale purchaser-consumer" shall mean any organization that is
an ultimate consumer of gasoline and which purchases or obtains gasoline
from a supplier for use in motor vehicles and receives delivery of that
product into a storage tank of at least five hundred fifty gallon
capacity substantially under the control of that organization.
b. No distributor shall sell or transfer to any other distributor,
retailer or wholesale purchaser-consumer any gasoline which is
represented to be unleaded unless such gasoline meets the defined
requirements for unleaded gasoline set forth in subdivision a of this
section.
c. No retailer or employee or agent of a retailer, and no wholesale
purchaser-consumer or employee or agent of a wholesale
purchaser-consumer, shall sell, dispense or offer for sale gasoline
represented to be unleaded unless such gasoline meets the defined
requirements for unleaded gasoline set forth in subdivision a of this
section.
d. Every retailer and wholesale purchaser-consumer shall affix to each
gasoline pump stand in a location so as to be readily visible to the
employees of such retailer or wholesale purchaser-consumer and to person
operating motor vehicles into which gasoline is to be dispensed a
permanent legible label as follows: (i) for gasoline pump stands
containing pumps for introduction of unleaded gasoline into motor
vehicles, the label shall state: "Unleaded gasoline"; and (ii) for
gasoline pump stands containing pumps for introduction of leaded
gasoline into motor vehicles, the label shall state: "Contains lead
anti-knock compounds"; provided, however, that where more than one grade
of unleaded gasoline is offered for sale at a retail outlet, compliance
with this subdivision is required for only one grade.
e. Notwithstanding any other provisions of law to the contrary, in any
proceeding to adjudicate a violation of subdivision d of this section, a
retailer or wholesale purchaser-consumer may be found not to be liable
for violation thereof where it is shown that more than one grade of
gasoline is dispensed from a gasoline pump or pump stand and it is
demonstrated to the satisfaction of the commissioner that an alternative
system of labeling furthers the objectives of such subdivision.
f. Any violation of subdivision c of this section by a retailer or
wholesale purchaser-consumer shall also be deemed a violation by:
(1) the reseller, if any, and the refiner, where the corporate, trade
or brand name of such refiner or any of its marketing subsidiaries
appears on the pump stand or is displayed at the retail outlet or
wholesale purchaser-consumer facility from which the gasoline was sold,
dispensed or offered for sale. Except as provided in subdivision g of
this section, the refiner shall be deemed in violation of subdivision c
of this section irrespective of whether any other refiner, distributor,
retailer or wholesale purchaser-consumer may have caused or permitted
the violation; or
(2) the distributor who sold such retailer or wholesale
purchaser-consumer gasoline contained in the storage tank which supplied
the pump from which the gasoline was sold, dispensed or offered for sale
which gave rise to the violation, where the corporate, trade or brand
name of a refiner or any of its marketing subsidiaries does not appear
on the pump stand and is not displayed at the retail outlet or wholesale
purchaser-consumer facility from which the gasoline was sold, dispensed
or offered for sale.
g. (1) In any case in which a retailer or wholesale purchaser-consumer
and any refiner or distributor would be in violation or be deemed in
violation of subdivision c of this section, the retailer or wholesale
purchaser-consumer shall not be liable if he or she can demonstrate that
the violation was not caused by such retailer or wholesale
purchaser-consumer or his or her employee or agent.
(2) In any case in which a retailer or wholesale purchaser-consumer
would be in violation of subdivision c of this section, and a reseller,
if any, and any refiner would be deemed in violation under paragraph one
of subdivision f of this section, the refiner shall not be deemed in
violation if he or she can demonstrate:
(a) that the violation was not caused by such refiner or his or her
employee or agent, and
(b) that the violation was caused by an act in violation of any law,
other than the provisions of this section, or an act of sabotage,
vandalism, or deliberate commingling of leaded and unleaded gasoline,
whether or not such acts are violations of law in the jurisdiction where
the violation of the requirements of this section occurred, or
(c) that the violation was caused by the action of a reseller or a
retailer supplied by such reseller, in violation of a contractual
undertaking imposed by the refiner on such reseller designed to prevent
such action, and despite reasonable efforts by the refiner to insure
compliance with such contractual obligation, such as periodic sampling,
or
(d) that the violation was caused by the action of a retailer who is
supplied directly by the refiner and not by a reseller, in violation of
a contractual undertaking imposed by the refiner on such retailer
designed to prevent such action, and despite reasonable efforts by the
refiner to insure compliance with such contractual obligation, such as
periodic sampling, or
(e) that the violation was caused by the action of a distributor
subject to a contract with the refiner for transportation of gasoline
from a terminal to a distributor, retailer or wholesale
purchaser-consumer, in violation of a contractual undertaking imposed by
the refiner on such distributor designed to prevent such action, and
despite reasonable efforts by the refiner to insure compliance with such
contractual obligation, such as periodic sampling, or
(f) that the violation was caused by a distributor (such as a common
carrier) not subject to a contract with the refiner but engaged by him
or her for transportation of gasoline from a terminal to a distributor,
retailer or wholesale purchaser-consumer, despite reasonable efforts by
the refiner to prevent such action, such as specification or inspection
of equipment, or
(g) that the violation occurred at a wholesale purchaser-consumer
facility; provided, however, that if such wholesale purchaser-consumer
was supplied by a reseller, the refiner must demonstrate that the
violation could not have been prevented by such reseller's compliance
with a contractual undertaking imposed by the refiner on such reseller
as provided in subparagraph c of this paragraph.
(h) For purposes of subparagraphs (b) through (f) of this paragraph,
the term "was caused" means that the refiner must demonstrate by
reasonably specific showings by direct or circumstantial evidence that
the violation was caused or must have been caused by another.
(3) In any case in which a retailer or wholesale purchaser-consumer
would be in violation of subdivision c of this section, and a reseller
and any refiner would be deemed in violation under paragraph one of
subdivision f of this section, the reseller shall not be deemed in
violation if he or she can demonstrate that the violation was not caused
by such reseller or his or her employee or agent.
(4) In any case in which a retailer or wholesale purchaser-consumer
would be in violation of subdivision c of this section, and any
distributor would be deemed in violation under paragraph two of
subdivision f of this section, the distributor will not be deemed in
violation if he or she can demonstrate that the violation was not caused
by such distributor or his or her employee or agent.
Section 20-673.2
§ 20-673.2 Certification, display and representation of octane rating.
a. For purposes of this section, the following terms shall have the
following meanings:
1. "Gasoline" shall mean gasoline of a type distributed for use as a
fuel in any motor vehicle.
2. "Distributor" shall mean any person who receives gasoline and
distributes such gasoline to another person other than the ultimate
purchaser.
3. "Retailer" shall mean any person who markets gasoline to the
general public for ultimate consumption.
4. "Knock" shall mean the combustion of a fuel spontaneously in
localized areas of a cylinder of a spark-ignition engine, instead of the
combustion of such fuel progressing from the spark.
5."Octane rating" shall mean the rating of the anti-knock
characteristics of a grade or type of gasoline as determined by dividing
by two the sum of the research octane number plus the motor octane
number, unless another procedure is prescribed under paragraph three of
subdivision c of section twenty-eight hundred twenty-three of title
fifteen of the United States code, in which case such term shall mean
the rating of such characteristics as determined under the procedure so
prescribed.
6. "Refiner" shall mean any person engaged in the refining of crude
oil to produce gasoline or the importation of gasoline.
7. "Research octane number" and "motor octane number" shall have the
meaning given such terms in the specifications of the American Society
for Testing and Materials (ASTM) entitled "Standard Specifications for
Automotive Gasoline" designated D 439 and, with respect to any grade or
type of gasoline, are determined in accordance with test methods set
forth in ASTM standard test methods designated D 2699 and D 2700, or
such other meaning given such terms in any regulations promulgated by
the federal trade commission pursuant to section twenty-eight hundred
twenty-three of title fifteen of the United States code.
8. "Ultimate purchaser" shall mean, with respect to any item, the
first person who purchases such item for purposes other than resale.
b. Each refiner who distributes gasoline shall:
(1) determine the octane rating of any such gasoline; and
(2) if such refiner distributes such gasoline to any person other than
the ultimate purchaser, certify, consistent with the determination made
under paragraph one of this subdivision, the octane rating of such
gasoline.
c. Each distributor who receives gasoline, the octane rating of which
is certified to the distributor under this section, and distributes such
gasoline to another person other than the ultimate purchaser shall
certify to such other person the octane rating of such gasoline
consistent with:
(1) the octane rating of such gasoline certified to such distributor;
or
(2) if such distributor elects, in accordance with the regulations of
the federal trade commission, the octane rating of such gasoline
determined by such distributor.
d. Each retailer shall display at the point of sale to ultimate
purchasers of gasoline, the octane rating of such gasoline, in
accordance with the posting requirements and label specifications to be
prescribed by the commissioner by regulation. Such octane rating shall
be consistent with:
(1) the octane rating of such gasoline certified to such retailer
under paragraph two of subdivision b of this section or under
subdivision c of this section;
(2) if such retailer elects, in accordance with the regulations of the
federal trade commission, the octane rating of such gasoline determined
by such retailer for such gasoline; or (3) if such retailer is a
refiner, the octane rating of such gasoline determined under paragraph
one of subdivision b of this section.
e. No person who distributes gasoline may make any representation
respecting the anti-knock characteristics of such gasoline unless such
representation fairly discloses the octane rating of such gasoline
consistent with such gasoline's octane rating as certified to, or
determined by, such person under the foregoing subdivisions of this
section.
f. For purposes of this section, the octane rating of any gasoline
shall be considered to be certified, displayed or represented by any
person consistent with the rating certified to, or determined by, such
person:
(1) in the case of gasoline which consists of a blend of two or more
quantities of gasoline of differing octane ratings, only if the rating
certified, displayed or represented by such person is the average of the
octane ratings of such quantities, weighted by volume; or
(2) in the case of gasoline which does not consist of such a blend,
only if the octane rating such person certifies, displays or represents
is the same as the octane rating of such gasoline certified to, or
determined by, such person.
Section 20-673.3
§ 20-673.3 Inspection, investigation; recordkeeping. a. The
commissioner or the commissioner's designee, upon presentation of
appropriate credentials, shall be authorized to enter upon or through
the business premises of any person who sells or offers for sale
gasoline or other petroleum products for use in motor vehicles or motor
boats or any place where such gasoline or petroleum products is stored,
for the purposes of making inspections, taking samples and conducting
tests to determine compliance with the provisions of this subchapter or
any rules or regulation promulgated hereunder.
b. Whenever the commissioner has reason to believe that a violation of
this subchapter or any rule or regulation has occurred, he or she shall
be authorized to make such investigation as he or she shall deem
necessary, and to the extent necessary for this purpose, he or she may
examine any person and may compel the production of all relevant
records.
c. Any person subject to the provisions of this subchapter shall
maintain such written records as the commissioner may prescribe by
regulation.
Section 20-674
§ 20-674 Violations. a. (1) Any person who violates the provisions of
this subchapter or any rules or regulations promulgated thereunder,
other than sections 20-673.1 and 20-673.2 and any rules or regulations
promulgated thereunder, shall be guilty of a misdemeanor punishable by a
fine of not less than five hundred dollars nor more than ten thousand
dollars, or by imprisonment for not more than thirty days, or by both
such fine and imprisonment.
(2) Any person who violates the provisions of this subchapter or any
rules or regulations promulgated thereunder, other than sections
20-673.1 and 20-673.2 and any rules or regulations promulgated
thereunder, who has been found guilty of a violation of any such
sections or such rules or regulations two times within the preceding
twenty-four month period shall be guilty of a misdemeanor punishable by
a fine of not less than one thousand dollars nor more than fifteen
thousand dollars, or by imprisonment for not more than ninety days, or
by both such fine and imprisonment.
(3) In addition to the penalties prescribed by paragraph one of
subdivision a of this section, any person who violates the provisions of
this subchapter or any rules or regulations promulgated thereunder,
other than sections 20-673.1 and 20-673.2 and any rules or regulations
promulgated thereunder, shall be liable for a civil penalty of not less
than five hundred dollars nor more than ten thousand dollars.
(4) In addition to the penalties prescribed by paragraph two of
subdivision a of this section, any person who violates the provisions of
this subchapter or any rules or regulations promulgated thereunder,
other than sections 20-673.1 and 20-673.2 and any rules or regulations
promulgated thereunder, who has been found guilty of a violation of any
such sections or such rules or regulations two times within the
preceding twenty-four month period shall be liable for a civil penalty
of not less than one thousand dollars nor more than fifteen thousand
dollars.
b. Any person who violates the provisions of section 20-673.1 of this
subchapter or any rules or regulations promulgated thereunder shall be
liable for a civil penalty of not less than five hundred dollars nor
more than ten thousand dollars.
c. (1) If, after providing due notice and an opportunity to be heard,
the commissioner finds that a person has violated any of the provisions
of section 20-673.2 of this subchapter or any rule or regulation
promulgated thereunder, he or she shall be authorized to issue and serve
upon such person an order requiring such person to cease and desist from
engaging in the prohibited activity. Such order shall become final (i)
upon the expiration of the time allowed for filing any administrative
appeal which may be available and for commencing a proceeding pursuant
to article seventy-eight of the civil practice law and rules or (ii)
upon the exhaustion of all appeals arising out of the proceedings
described in item (i) of this paragraph. Any person who violates an
order of the commissioner issued hereunder after it has become final
shall be liable for a civil penalty of not less than five hundred
dollars nor more than ten thousand dollars for each violation.
(2) Any person who violates the provisions of section 20-673.2 of this
subchapter or any rules or regulations promulgated thereunder with
actual knowledge or knowledge fairly implied on the basis of objective
circumstances that the act or practice underlying the violation is
unfair or deceptive shall be liable for a civil penalty of not less than
five hundred dollars nor more than ten thousand dollars; provided,
however, that in order for any retailer to be held liable under this
paragraph for violating any of the provisions of subdivisions d or e of
such section 20-673.2, such retailer shall be shown to have had actual
knowledge that the act or practice underlying the violation is unfair or
deceptive. In determining the amount of any civil penalty imposed under
this paragraph, the following shall be considered: the degree of
culpability; any history of prior such conduct; ability to pay; effect
on ability to continue to do business; and such other matters as justice
may require.
d. In the case of a violation through continuing failure to comply
with any of the provisions of this subchapter, any rules or regulations
promulgated thereunder, or any order of the commissioner issued pursuant
to subdivision c of this section, each day of the continuance of such
failure shall be treated as a separate violation.
e. The civil penalties prescribed by the provisions of this section
may be imposed by the commissioner after due notice and an opportunity
to be heard have been provided or may be recovered in a civil action in
the name of the city, commenced in a court of competent jurisdiction. In
any civil action commenced to recover civil penalties for violation of a
final order of the commissioner issued pursuant to subdivision c of this
section, the supreme court of New York is empowered to grant such
injunctive or equitable relief as the court deems appropriate in the
enforcement of such final order.
f. Notwithstanding the foregoing, the commissioner shall cause to be
published in the City Record once each month the name and business
location of any person, firm or corporation that has been found to have
violated any provision of sections 20-673.1 or 20-673.2 during the month
immediately preceding.
Section 20-675
§ 20-675 Rules and regulations. The commissioner shall have the
authority to promulgate such rules and regulations as the commissioner
shall deem necessary to effectuate the purpose of this subchapter,
including but not limited to the size, the composition, the type size to
be used for lettering, and the placement of signs which are provided for
in section 20-672 of this subchapter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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