Bill Text: NY S00259 | 2017-2018 | 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 2-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CONSUMER PROTECTION [S00259 Detail]
Download: New_York-2017-S00259-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 259 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, 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. 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. LBD03794-01-7S. 259 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 mediaS. 259 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.S. 259 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.
