S T A T E O F N E W Y O R K
________________________________________________________________________
1561
2017-2018 Regular Sessions
I N S E N A T E
January 10, 2017
___________
Introduced by Sen. AVELLA -- 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 requiring an advertising medium present at any
premises offering the sale of motor fuel
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:
§ 396-XX. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM "ADVERTIS-
ING MEDIUM," AS USED IN THIS SECTION, SHALL INCLUDE, BUT NOT BE LIMITED
TO, A BANNER, SIGN, PLACARD, POSTER, STREAMER, AND CARD.
2. EVERY PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC FROM ANY PLACE OF BUSINESS SHALL DISPLAY ON THE
PREMISES AN ADVERTISING MEDIUM WHICH COMPLIES WITH THE REQUIREMENTS OF
THIS SECTION AND WHICH ADVERTISES THE PRICES OF THE THREE MAJOR GRADES
OF MOTOR FUEL OFFERED FOR SALE. THE ADVERTISING MEDIUM SHALL BE CLEARLY
VISIBLE FROM THE STREET OR HIGHWAY ADJACENT TO THE PREMISES. WHEN THE
PLACE OF BUSINESS IS SITUATED AT AN INTERSECTION, THE ADVERTISING MEDIUM
SHALL BE CLEARLY VISIBLE FROM EACH STREET OF THE INTERSECTION. FOR THE
PURPOSES OF THIS SECTION, MOTOR FUEL DOES NOT INCLUDE PROPANE.
3. A. IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
ANY ADVERTISING MEDIUM WHICH INDICATES THE PRICE OF MOTOR FUEL UNLESS
THE ADVERTISING MEDIUM DISPLAYS ALL OF THE FOLLOWING:
(1) THE PRICE PER GALLON, INCLUDING ALL TAXES, IN NUMERALS, AND FRAC-
TIONS WHEN APPLICABLE, NOT LESS THAN SIX INCHES IN HEIGHT AND OF UNIFORM
SIZE AND COLOR. FOR THE PURPOSE OF ARTICLE SIXTEEN OF THE AGRICULTURE
AND MARKETS LAW, FRACTIONS ARE CONSIDERED ONE NUMERAL;
(2) THE TRADEMARK OR BRAND OF THE MOTOR FUEL IN LETTERS, FIGURES, OR
NUMERALS NOT LESS THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING
THE PRICE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00643-01-7
S. 1561 2
(3) THE WORD "GASOLINE" OR THE NAME OF OTHER MOTOR FUEL IN LETTERS NOT
LESS THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING THE PRICE, BUT
THESE WORDS NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT; AND
(4) THE GRADE DESIGNATION OF THE MOTOR FUEL IN LETTERS OR NUMERALS NOT
LESS THAN ONE-SIXTH THE SIZE OF THE NUMERALS DESIGNATING THE PRICE, BUT
THIS DESIGNATION NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT.
B. (1) IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
AN ADVERTISING MEDIUM WHICH ADVERTISES A DISCOUNT OR PRICE REDUCTION FOR
MOTOR FUEL, UNLESS THE ADVERTISING MEDIUM CONTAINS ALL THE FOLLOWING:
(I) THE PRICE PER GALLON FROM WHICH THE DISCOUNT OR PRICE REDUCTION IS
TO BE TAKEN;
(II) THE AMOUNT OF THE DISCOUNT OR PRICE REDUCTION IN CENTS PER GALLON
USING NUMERALS WHICH DO NOT EXCEED THE HEIGHT OF THE NUMERALS IN THE
ADVERTISED PRICE; AND
(III) THE CONDITIONS OF THE DISCOUNT OR PRICE REDUCTION USING WORDS
WHOSE LETTERS ARE NOT LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMER-
ALS.
(2) ANY LIMITATIONS UNDER WHICH THE DISCOUNT OR PRICE REDUCTION IS
OFFERED SHALL BE EXPLAINED IN WORDS WHOSE LETTERS ARE NOT LESS THAN
ONE-THIRD THE SIZE OF THE NUMERALS INDICATING THE PRICES.
(3) THERE SHALL BE AVAILABLE FOR EACH CUSTOMER'S REFERENCE, A CHART
SHOWING THE AMOUNT OF DISCOUNT IN ONE CENT INCREMENTS, OR THE RETAIL
DISPENSERS USED TO DISPENSE FUEL AT THE DISCOUNT PRICE SHALL BE SET TO
COMPUTE THE TOTAL SALE AT THE DISCOUNTED PRICE PER GALLON AND SHALL BE
CLEARLY LABELED "INCLUDES CASH DISCOUNT" IN LETTERS NOT LESS THAN ONE
INCH IN HEIGHT.
C. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
ON OR NEAR THE PREMISES OF ANY PLACE OF BUSINESS IN THIS STATE ANY
ADVERTISING MEDIUM WHICH ADVERTISES THE PRICE OF MOTOR OIL OFFERED FOR
SALE WITHOUT CONSPICUOUSLY SHOWING ON THE SAME ADVERTISING MEDIUM THE
BRAND OF THE MOTOR OIL AND THE NAME OF THE PRODUCT. THE LETTERS, FIGURES
AND NUMERALS USED TO DESIGNATE THE BRAND AND THE NAME OF THE PRODUCT
SHALL NOT BE LESS THAN ONE-HALF THE SIZE OF THE NUMERALS DESIGNATING THE
PRICE.
D. IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO PLACE ANY
ADDITIONAL ADVERTISING MATTER ON ANY ADVERTISING MEDIUM SUBJECT TO THE
REQUIREMENTS OF ARTICLE SIXTEEN OF THE AGRICULTURE AND MARKETS LAW
EXCEPT:
(1) A DESCRIPTION OF THE PRODUCTS OFFERED FOR SALE IN LETTERS OR
NUMERALS NOT LARGER THAN THE PRICE NUMERALS;
(2) METHODS OF SALE, SUCH AS SELF-SERVE OR FULL-SERVE, IN LETTERS NOT
LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMERALS; OR
(3) WORDS DESCRIBING THE TYPE OF SERVICES OFFERED AT THE PLACE OF
BUSINESS, SUCH AS FOOD MARKET, CARWASH, TUNE UP, AND THE REGISTERED
TRADEMARK OR TRADE NAME OF THE SERVICE, BUT NOT THE PRICE OF THE
SERVICE.
THIS SUBDIVISION DOES NOT APPLY TO ELECTRONIC CHANGEABLE MESSAGE
CENTERS WHEN THE ADVERTISING CONTENT INCLUDES BOTH THE PRODUCT OFFERED
FOR SALE AND ITS PRICE IN A SINGLE ADVERTISING MESSAGE, OR WHEN THE
PRODUCT AND PRICE COMPONENTS OF THE ADVERTISING MESSAGE CLEARLY RELATE
TO ONE ANOTHER AND THE PRICE NEITHER STARTS NOR ENDS THE MESSAGE.
E. IF ANY MOTOR FUEL OR MOTOR OIL IS ADVERTISED FOR SALE, BUT NOT
UNDER ANY BRAND DESIGNATION, THE WORDS "NO BRAND" SHALL BE USED ON THE
ADVERTISING MEDIUM AS A BRAND DESIGNATION.
4. IN THE EVENT THAT THE SAME GRADE OF MOTOR FUEL IS SOLD AT DIFFERENT
PRICES FROM ANY SINGLE PLACE OF BUSINESS, IT IS UNLAWFUL FOR ANY PERSON,
S. 1561 3
FIRM OR CORPORATION TO DISPLAY ANY ADVERTISING MEDIUM WHICH ADVERTISES A
PRICE OF A GRADE OF MOTOR FUEL UNLESS THE ADVERTISING MEDIUM ADVERTISES
IN NUMERALS OF EQUAL SIZE EACH OF THE HIGHER PRICES, INCLUDING ALL TAXES
FOR WHICH THE GRADE IS SOLD OR OFFERED FOR SALE, AND UNLESS THE ADVER-
TISING MEDIUM EXPLAINS THE CONDITIONS, AND ANY LIMITATIONS, UNDER WHICH
THAT GRADE IS SOLD OR OFFERED FOR SALE AT DIFFERENT PRICES. THE WORDS OF
EXPLANATION SHALL BE CLEARLY SHOWN IN LETTERS AT LEAST ONE-THIRD THE
SIZE OF THE NUMERALS INDICATING THE PRICES. THE DIFFERENT PRICES AT
WHICH THE SAME GRADE OF MOTOR FUEL IS SOLD OR OFFERED FOR SALE SHALL BE
ADVERTISED AS PERMITTED OR REQUIRED BY ARTICLE SIXTEEN OF THE AGRICUL-
TURE AND MARKETS LAW.
5. ALL LETTERS, WORDS, FIGURES, OR NUMERALS WHICH ARE PART OF THE
ADVERTISING MEDIA REFERRED TO IN ARTICLE SIXTEEN OF THE AGRICULTURE AND
MARKETS LAW 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.
6. 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 FIFTY DOLLARS FOR
EACH DAY SUCH FAILURE OCCURS.
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. NO PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC SHALL BE GUILTY OF THE INFRACTION SPECIFIED IN
PARAGRAPH A OF THIS SUBDIVISION IF THAT PERSON, WITHIN SEVEN DAYS AFTER
RECEIVING NOTIFICATION FROM THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS
OFFICE, OR THE TOWN ATTORNEY, CITY CORPORATION COUNSEL, OTHER LAWFUL
DESIGNEE OF A MUNICIPALITY OR LOCAL GOVERNMENT, OR ATTORNEY GENERAL OF
ANY VIOLATION OF THIS SECTION, MAKES WHATEVER CHANGES ARE NECESSARY TO
COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
7. 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.
8. 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. HOWEVER, ANY NUMERALS DESIG-
S. 1561 4
NATING THE PRICE PER GALLON FOR A PARTICULAR BRAND AND GRADE OF MOTOR
FUEL PERMITTED OR REQUIRED UNDER SUBDIVISION FIVE OF SECTION ONE HUNDRED
NINETY-TWO OF THE AGRICULTURE AND MARKETS LAW SHALL, UNLESS OTHERWISE
STATED, BE IDENTICAL IN NUMERICAL VALUE WITH THE PRICE PER GALLON FOR
THE SAME BRAND AND GRADE OF MOTOR FUEL PERMITTED OR REQUIRED UNDER THIS
SECTION.
9. NOTHING IN THIS SECTION PROHIBITS ANY PERSON, FIRM OR CORPORATION
WHO HAS POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM IN COMPLIANCE
WITH THIS CHAPTER FROM DISPLAYING ADDITIONAL SIGNS OR ADVERTISING MEDIA
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.
§ 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 FROM A DISPENSING DEVICE
COMPUTING ONLY AT THE CREDIT PRICE, AT LEAST ONE SIGN OR LABEL SHALL BE
CONSPICUOUSLY DISPLAYED ON THE DISPENSER INDICATING THAT THE DISPENSER
IS COMPUTING AT THE CREDIT PRICE AND INDICATING THE AMOUNT OF THE
DISCOUNT PER GALLON IN LETTERS AND NUMERALS NOT LESS THAN ONE-HALF INCH
HIGH.
§ 3. The agriculture and markets law is amended by adding a new
section 192-i to read as follows:
§ 192-I. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM "ADVERTIS-
ING MEDIUM," AS USED IN THIS SECTION, SHALL INCLUDE, BUT NOT BE LIMITED
TO, A BANNER, SIGN, PLACARD, POSTER, STREAMER, AND CARD.
2. EVERY PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC FROM ANY PLACE OF BUSINESS SHALL DISPLAY ON THE
PREMISES AN ADVERTISING MEDIUM WHICH COMPLIES WITH THE REQUIREMENTS OF
THIS SECTION AND WHICH ADVERTISES THE PRICES OF THE THREE MAJOR GRADES
OF MOTOR FUEL OFFERED FOR SALE. THE ADVERTISING MEDIUM SHALL BE CLEARLY
VISIBLE FROM THE STREET OR HIGHWAY ADJACENT TO THE PREMISES. WHEN THE
PLACE OF BUSINESS IS SITUATED AT AN INTERSECTION, THE ADVERTISING MEDIUM
SHALL BE CLEARLY VISIBLE FROM EACH STREET OF THE INTERSECTION. FOR THE
PURPOSES OF THIS SECTION, MOTOR FUEL DOES NOT INCLUDE PROPANE.
3. A. IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
ANY ADVERTISING MEDIUM WHICH INDICATES THE PRICE OF MOTOR FUEL UNLESS
THE ADVERTISING MEDIUM DISPLAYS ALL OF THE FOLLOWING:
(1) THE PRICE PER GALLON, INCLUDING ALL TAXES, IN NUMERALS, AND FRAC-
TIONS WHEN APPLICABLE, NOT LESS THAN SIX INCHES IN HEIGHT AND OF UNIFORM
SIZE AND COLOR. FOR THE PURPOSE OF THIS ARTICLE, FRACTIONS ARE CONSID-
ERED ONE NUMERAL;
(2) THE TRADEMARK OR BRAND OF THE MOTOR FUEL IN LETTERS, FIGURES, OR
NUMERALS NOT LESS THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING
THE PRICE;
S. 1561 5
(3) THE WORD "GASOLINE" OR THE NAME OF OTHER MOTOR FUEL IN LETTERS NOT
LESS THAN ONE-THIRD THE SIZE OF THE NUMERALS DESIGNATING THE PRICE, BUT
THESE WORDS NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT; AND
(4) THE GRADE DESIGNATION OF THE MOTOR FUEL IN LETTERS OR NUMERALS NOT
LESS THAN ONE-SIXTH THE SIZE OF THE NUMERALS DESIGNATING THE PRICE, BUT
THIS DESIGNATION NEED NOT BE MORE THAN FOUR INCHES IN HEIGHT.
B. (1) IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
AN ADVERTISING MEDIUM WHICH ADVERTISES A DISCOUNT OR PRICE REDUCTION FOR
MOTOR FUEL, UNLESS THE ADVERTISING MEDIUM CONTAINS ALL THE FOLLOWING:
(I) THE PRICE PER GALLON FROM WHICH THE DISCOUNT OR PRICE REDUCTION IS
TO BE TAKEN;
(II) THE AMOUNT OF THE DISCOUNT OR PRICE REDUCTION IN CENTS PER GALLON
USING NUMERALS WHICH DO NOT EXCEED THE HEIGHT OF THE NUMERALS IN THE
ADVERTISED PRICE; AND
(III) THE CONDITIONS OF THE DISCOUNT OR PRICE REDUCTION USING WORDS
WHOSE LETTERS ARE NOT LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMER-
ALS.
(2) ANY LIMITATIONS UNDER WHICH THE DISCOUNT OR PRICE REDUCTION IS
OFFERED SHALL BE EXPLAINED IN WORDS WHOSE LETTERS ARE NOT LESS THAN
ONE-THIRD THE SIZE OF THE NUMERALS INDICATING THE PRICES.
(3) THERE SHALL BE AVAILABLE FOR EACH CUSTOMER'S REFERENCE, A CHART
SHOWING THE AMOUNT OF DISCOUNT IN ONE CENT INCREMENTS, OR THE RETAIL
DISPENSERS USED TO DISPENSE FUEL AT THE DISCOUNT PRICE SHALL BE SET TO
COMPUTE THE TOTAL SALE AT THE DISCOUNTED PRICE PER GALLON AND SHALL BE
CLEARLY LABELED "INCLUDES CASH DISCOUNT" IN LETTERS NOT LESS THAN ONE
INCH IN HEIGHT.
C. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DISPLAY
ON OR NEAR THE PREMISES OF ANY PLACE OF BUSINESS IN THIS STATE ANY
ADVERTISING MEDIUM WHICH ADVERTISES THE PRICE OF MOTOR OIL OFFERED FOR
SALE WITHOUT CONSPICUOUSLY SHOWING ON THE SAME ADVERTISING MEDIUM THE
BRAND OF THE MOTOR OIL AND THE NAME OF THE PRODUCT. THE LETTERS, FIGURES
AND NUMERALS USED TO DESIGNATE THE BRAND AND THE NAME OF THE PRODUCT
SHALL NOT BE LESS THAN ONE-HALF THE SIZE OF THE NUMERALS DESIGNATING THE
PRICE.
D. IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO PLACE ANY
ADDITIONAL ADVERTISING MATTER ON ANY ADVERTISING MEDIUM SUBJECT TO THE
REQUIREMENTS OF THIS ARTICLE EXCEPT:
(1) A DESCRIPTION OF THE PRODUCTS OFFERED FOR SALE IN LETTERS OR
NUMERALS NOT LARGER THAN THE PRICE NUMERALS;
(2) METHODS OF SALE, SUCH AS SELF-SERVE OR FULL-SERVE, IN LETTERS NOT
LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMERALS; OR
(3) WORDS DESCRIBING THE TYPE OF SERVICES OFFERED AT THE PLACE OF
BUSINESS, SUCH AS FOOD MARKET, CARWASH, TUNE UP, AND THE REGISTERED
TRADEMARK OR TRADE NAME OF THE SERVICE, BUT NOT THE PRICE OF THE
SERVICE.
THIS SUBDIVISION DOES NOT APPLY TO ELECTRONIC CHANGEABLE MESSAGE
CENTERS WHEN THE ADVERTISING CONTENT INCLUDES BOTH THE PRODUCT OFFERED
FOR SALE AND ITS PRICE IN A SINGLE ADVERTISING MESSAGE, OR WHEN THE
PRODUCT AND PRICE COMPONENTS OF THE ADVERTISING MESSAGE CLEARLY RELATE
TO ONE ANOTHER AND THE PRICE NEITHER STARTS NOR ENDS THE MESSAGE.
E. IF ANY MOTOR FUEL OR MOTOR OIL IS ADVERTISED FOR SALE, BUT NOT
UNDER ANY BRAND DESIGNATION, THE WORDS "NO BRAND" SHALL BE USED ON THE
ADVERTISING MEDIUM AS A BRAND DESIGNATION.
4. IN THE EVENT THAT THE SAME GRADE OF MOTOR FUEL IS SOLD AT DIFFERENT
PRICES FROM ANY SINGLE PLACE OF BUSINESS, IT IS UNLAWFUL FOR ANY PERSON,
FIRM OR CORPORATION TO DISPLAY ANY ADVERTISING MEDIUM WHICH ADVERTISES A
S. 1561 6
PRICE OF A GRADE OF MOTOR FUEL UNLESS THE ADVERTISING MEDIUM ADVERTISES
IN NUMERALS OF EQUAL SIZE EACH OF THE HIGHER PRICES, INCLUDING ALL TAXES
FOR WHICH THE GRADE IS SOLD OR OFFERED FOR SALE, AND UNLESS THE ADVER-
TISING MEDIUM EXPLAINS THE CONDITIONS, AND ANY LIMITATIONS, UNDER WHICH
THAT GRADE IS SOLD OR OFFERED FOR SALE AT DIFFERENT PRICES. THE WORDS OF
EXPLANATION SHALL BE CLEARLY SHOWN IN LETTERS AT LEAST ONE-THIRD THE
SIZE OF THE NUMERALS INDICATING THE PRICES. THE DIFFERENT PRICES AT
WHICH THE SAME GRADE OF MOTOR FUEL IS SOLD OR OFFERED FOR SALE SHALL BE
ADVERTISED AS PERMITTED OR REQUIRED BY THIS ARTICLE.
5. ALL LETTERS, WORDS, FIGURES, OR NUMERALS WHICH ARE PART OF THE
ADVERTISING MEDIA REFERRED TO IN THIS ARTICLE 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 BACK-
GROUND 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.
6. 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 FIFTY DOLLARS FOR
EACH DAY SUCH FAILURE OCCURS.
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. NO PERSON, FIRM OR CORPORATION OFFERING FOR SALE OR SELLING ANY
MOTOR FUEL TO THE PUBLIC SHALL BE GUILTY OF THE INFRACTION SPECIFIED IN
PARAGRAPH A OF THIS SUBDIVISION IF THAT PERSON, WITHIN SEVEN DAYS AFTER
RECEIVING NOTIFICATION FROM THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS
OFFICE, OR THE TOWN ATTORNEY, CITY CORPORATION COUNSEL, OTHER LAWFUL
DESIGNEE OF A MUNICIPALITY OR LOCAL GOVERNMENT, OR ATTORNEY GENERAL OF
ANY VIOLATION OF THIS SECTION, MAKES WHATEVER CHANGES ARE NECESSARY TO
COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
7. 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.
8. 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. HOWEVER, ANY NUMERALS DESIGNATING THE PRICE PER
GALLON FOR A PARTICULAR BRAND AND GRADE OF MOTOR FUEL PERMITTED OR
REQUIRED UNDER SUBDIVISION FIVE OF SECTION ONE HUNDRED NINETY-TWO OF
S. 1561 7
THIS ARTICLE SHALL, UNLESS OTHERWISE STATED, BE IDENTICAL IN NUMERICAL
VALUE WITH THE PRICE PER GALLON FOR THE SAME BRAND AND GRADE OF MOTOR
FUEL PERMITTED OR REQUIRED UNDER THIS SECTION.
9. NOTHING IN THIS SECTION PROHIBITS ANY PERSON, FIRM OR CORPORATION
WHO HAS POSTED OR DISPLAYED A SIGN OR ADVERTISING MEDIUM IN COMPLIANCE
WITH THIS CHAPTER FROM DISPLAYING ADDITIONAL SIGNS OR ADVERTISING MEDIA
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.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.