Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Salem, Cumberland and Gloucester)
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Permits use of rebates, allowances, concessions, or benefits for motor fuel purchases on credit, debit or rewards cards.
CURRENT VERSION OF TEXT
As reported by the Assembly Regulatory Oversight and Gaming Committee on May 19, 2011, with amendments.
An Act concerning the sale of motor fuels and amending P.L.1938, c.163.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 201 of P.L.1938, c.163 (C.56:6-2) is amended to read as follows:
201. (a) Every retail dealer shall publicly display and maintain, in the manner regulated by the Director of the Division of Taxation, a sign stating the price per gallon if sold by the gallon, and per gallon and per liter if sold by the liter of the motor fuel sold by said dealer. All taxes, State and Federal, imposed with respect to the manufacture or sale of motor fuel shall be included in the price shown on said sign, but said sign shall contain a statement of the amount of taxes included in said price, or, without specifying the amount thereof, said sign shall state that taxes are included in said price. A retail dealer shall not sell at any other price than the price, including tax, so posted. Any such price when posted shall remain posted and in effect for a period of not less than twenty-four (24) hours.
(b) No retail dealer shall sell motor fuel at a price which is below the net cost of such motor fuel to the retail dealer plus all selling expenses.
(c) No other price signs of motor fuel so dispensed, or signs relating to the price of such fuel shall be used or displayed on or about the premises where motor fuel is sold at retail, other than the signs provided by section 3 of P.L.1952, c.258 (C.56:6-2.3).
(d) No advertising or sign other than that provided for in section 3 of P.L.1952, c.258 (C.56:6-2.3), which directly or indirectly contains a statement of, or an implied reference to the price of motor fuel shall be displayed at any place where motor fuel is dispensed at retail. Any advertising of the retail price of motor fuel through any other medium which contains a reference to the per gallon or per liter price thereof, shall include all taxes in the price stated, and there shall be included in such advertising a statement that such price includes taxes, or a statement of the amount of taxes which are included in such price. Such advertising shall be identified by the name of the product, and the letters of the name shall be not less than one-half the size of the figures used in the price.
(e) No rebates, allowances, concessions or benefits shall be given, directly or indirectly, so as to permit any person to obtain motor fuels from a retail dealer below the posted price or at a net price lower than the posted price applicable at the time of the sale, except that 1[: (1)]1 credits earned through purchases on a credit card , debit card 1,1 or rewards card may be utilized by a person to receive a rebate, allowance, concession 1,1 or benefit in the purchase of motor fuels 1[; and (2) a retail dealer may offer and furnish to any person any promotional item or any coupon entitling the person to receive a promotional item or a discount on an item, which may be any tangible item or service, when that person is required to make a purchase of motor fuel in order to receive the promotional item or coupon] , provided that: (1) the use of credits earned through purchases on a credit card, debit card, or rewards card shall not change the retail price displayed on any sign required pursuant to section 3 of P.L.1952, c.258 (C.56:6-2.3); and (2) the retail dealer shall not bear the cost of the rebate, allowance, concession, or benefit received by the motor fuel purchaser except for a processing fee assessed in the ordinary course of business1 .
As used in this subsection, "rewards card" means a card or certificate distributed by the issuer to a consumer pursuant to an awards, loyalty, rewards 1,1 or promotional program, or used to benefit frequent shoppers or to collect data on purchasing habits.
(f) It shall be unlawful for any retail dealer to use lotteries, [prizes,] wheels of fortune, punchboards or other games of chance, in connection with the sale of motor fuels.
(g) All above-ground equipment for storing or dispensing motor fuel operated by a retail dealer shall bear, in a conspicuous place, the name or trade-mark of the product stored therein or dispensed therefrom, and no retail dealer shall permit delivery into underground or above-ground containers, tanks or equipment of any motor fuel other than the brand represented or designated by the name or trade-mark appearing on such container or dispensing equipment attached thereto. No retail dealer shall be a party to the substitution of one grade of motor fuel for another.
(h) If the motor fuel stored in or dispensed from any above-ground equipment by a retail dealer shall not have a brand name or trade-mark, such container or dispensing equipment shall have conspicuously displayed thereon the words "No Brand."
(cf: P.L.1995, c.51, s.1)
2. This act shall take effect immediately.