S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1752--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. DINOWITZ, PAULIN, JAFFEE, MAISEL, ROBERTS, ROSEN-
  THAL, MILLER, WEISENBERG, SCARBOROUGH, COLTON, GALEF, MILLMAN, LAVINE,
  WEPRIN,  GUNTHER,  HOOPER,  MONTESANO,  McDONOUGH, LOSQUADRO -- Multi-
  Sponsored by -- M. of A. CLARK, COOK, MARKEY, RA, SWEENEY,  THIELE  --
  read  once  and  referred  to  the  Committee  on Consumer Affairs and
  Protection -- reported and referred  to  the  Committee  on  Codes  --
  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 LOCATED
WITHIN TEN FEET OF THE MAIN ENTRANCE OF THE  PLACE  OF  BUSINESS  OR  AS
CLOSE AS PRACTICABLE.
  2.  A.  IN  THE  EVENT  THAT  THE  SAME GRADE OF MOTOR FUEL IS SOLD AT
DIFFERENT PRICES FROM ANY SINGLE PLACE OF BUSINESS, THEN  THE  PLACE  OF
BUSINESS  MUST  HAVE  AN ADVERTISING MEDIUM THAT: (I) COMPLIES WITH THIS
SECTION; (II) DISPLAYS AT LEAST THE HIGHER OF  THE  PRICES  OFFERED  FOR
THAT  GRADE OF MOTOR FUEL; AND (III) IS A STREET SIGN, WHICH IS AT LEAST
SIX FEET HIGH AND FOUR FEET WIDE AND AT LEAST EIGHT FEET OFF THE GROUND.
  B. THE ADVERTISING MEDIUM SHALL, TO THE EXTENT PRACTICABLE, 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  REQUIRED  PURSUANT  TO  THIS
SECTION  SHALL,  TO THE EXTENT PRACTICABLE, 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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03110-03-3

A. 1752--A                          2

MAINTAINED IN A CLEAR AND CONSPICUOUS 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
SO  LONG  AS  THE  AMENDMENTS REMAIN IN SUBSTANTIAL CONFORMITY WITH THIS
SECTION. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN  THE  COUN-
TIES  OUTSIDE  THE  CITY  OF  NEW YORK BY THE COUNTY OR CITY DIRECTOR OF
WEIGHTS AND MEASURES, 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.
  C.  ANY  PERSON,  FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC OPERATING WITHIN A POLITICAL  SUBDIVISION  THAT
HAS  ENACTED A LOCAL ZONING ORDINANCE OR LOCAL LAW REGARDING ADVERTISING
MEDIUMS THAT PREVENT COMPLIANCE WITH THE REQUIREMENTS  OF  THIS  SECTION
MAY  APPLY  TO  THE  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS  FOR AN
EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION OR A MODIFIED COMPLIANCE
SCHEME THAT ADDRESSES THE ISSUE PREVENTING COMPLIANCE WITH THE  REQUIRE-
MENTS  OF  THIS  SECTION.    THE COMMISSIONER OF AGRICULTURE AND MARKETS
SHALL, FOLLOWING AN  INVESTIGATION,  AT  HIS  OR  HER  SOLE  DISCRETION,
APPROVE OR DENY THE REQUEST FOR AN EXEMPTION OR MODIFICATION.
  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.

A. 1752--A                          3

  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 PRICING SIGNS, PROVIDED
THAT SUCH ADDITIONAL PRICING SIGNS ARE OF SMALLER SIZE  THAN  THE  MEDIA
REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND THE ADDITIONAL
PRICING SIGNS DO NOT OBSTRUCT OR INTERFERE WITH THE REQUIRED ADVERTISING
MEDIUM.
  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  CASH  DISCOUNT  IS OFFERED, AT LEAST ONE SIGN OR LABEL
SHALL BE CONSPICUOUSLY DISPLAYED ON THE DISPENSER INDICATING  THE  PRICE
PER  GALLON OF THE FUEL AFTER THE CASH DISCOUNT. SUCH SIGN OR LABEL MUST
DISPLAY SUCH PRICE 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 LOCATED
WITHIN TEN FEET OF THE MAIN ENTRANCE OF THE  PLACE  OF  BUSINESS  OR  AS
CLOSE AS PRACTICABLE.
  2.  A.  IN  THE  EVENT  THAT  THE  SAME GRADE OF MOTOR FUEL IS SOLD AT
DIFFERENT PRICES FROM ANY SINGLE PLACE OF BUSINESS, THEN  THE  PLACE  OF
BUSINESS  MUST  HAVE  AN ADVERTISING MEDIUM THAT: (I) COMPLIES WITH THIS
SECTION; (II) DISPLAYS AT LEAST THE HIGHER OF  THE  PRICES  OFFERED  FOR
THAT  GRADE OF MOTOR FUEL; AND (III) IS A STREET SIGN, WHICH IS AT LEAST
SIX FEET HIGH AND FOUR FEET WIDE AND AT LEAST EIGHT FEET OFF THE GROUND.
  B. THE ADVERTISING MEDIUM REQUIRED PURSUANT TO THIS SECTION SHALL,  TO
THE  EXTENT  PRACTICABLE, 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

A. 1752--A                          4

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.
  C.  ANY  PERSON,  FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC OPERATING WITHIN A POLITICAL  SUBDIVISION  THAT
HAS  ENACTED A LOCAL ZONING ORDINANCE OR LOCAL LAW REGARDING ADVERTISING
MEDIUMS THAT PREVENT COMPLIANCE WITH THE REQUIREMENTS  OF  THIS  SECTION
MAY  APPLY TO THE COMMISSIONER FOR AN EXEMPTION FROM THE REQUIREMENTS OF
THIS SECTION OR A MODIFIED COMPLIANCE SCHEME THAT  ADDRESSES  THE  ISSUE
PREVENTING  COMPLIANCE  WITH  THE  REQUIREMENTS  OF  THIS SECTION.   THE
COMMISSIONER SHALL, FOLLOWING AN  INVESTIGATION,  AT  HIS  OR  HER  SOLE
DISCRETION,  APPROVE  OR  DENY THE REQUEST FOR AN EXEMPTION OR MODIFICA-
TION.
  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
SO  LONG  AS  THE  AMENDMENTS REMAIN IN SUBSTANTIAL CONFORMITY WITH THIS
SECTION. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED IN  THE  COUN-
TIES  OUTSIDE  THE  CITY  OF  NEW YORK BY THE COUNTY OR CITY DIRECTOR OF
WEIGHTS AND MEASURES, 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 PRICING SIGNS, PROVIDED
THAT SUCH ADDITIONAL PRICING SIGNS ARE OF SMALLER SIZE  THAN  THE  MEDIA
REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND THE ADDITIONAL
PRICING SIGNS DO NOT OBSTRUCT OR INTERFERE WITH THE REQUIRED ADVERTISING
MEDIUM.
  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.