[Adopted 9-15-1998 by L.L. No. 22-1998 (Ch. 313, Art. V,
of the 1985 Code)]
A.
This Legislature
hereby finds and determines that consumers are commonly misled when
purchasing gasoline as a result of deceptive advertising at disreputable
service stations.
B.
This Legislature
finds that these disreputable service stations are preying on the
long-established traditions and assumptions of the gasoline marketplace,
namely that the lowest priced gasoline is regular gasoline having
a posted octane rating of 87.
C.
This Legislature
further finds that these misrepresentations are similarly made with
respect to the advertisement of the premium grades of gasoline.
D.
This Legislature
further finds that as a result of the deceptive practices employed
by some service stations, reputable service stations as well as consumers
are damaged to the extent that there is a loss of business and an
overpayment for goods.
E.
Therefore,
the purpose of this article is to regulate the advertising and sale
of gasoline by establishing uniform guidelines to be adhered to by
service stations doing business in Suffolk County.
A.
DIRECTOR
GASOLINE
OCTANE RATING
OPERATOR
PERSON
As used in this article, the following terms shall have the meaning
indicated:
The Director of the Suffolk County Office of Consumer Affairs.
Any fuel sold in Suffolk County for use in motor vehicles
and motor vehicle engines and commonly or commercially known or sold
as "gasoline."
Rating of the antiknock characteristics of a grade or type
of automotive gasoline as determined by dividing by two the sum of
the research octane number plus the motor octane number. The terms
"research octane number" and "motor octane number" have the meanings
given such terms in the specifications of the American Society for
Testing and Materials (ASTM) entitled "Standard Specifications for
Automotive Gasoline" designated D 439 (as in effect on June 19, 1978).
The person in charge of a business which markets gasoline,
kerosene or diesel motor fuel to the general public for ultimate consumption.
This term shall specifically include, but not be limited to, the owner,
lessee, manager, assistant manager or any other person in charge of
the operations or activities of any such business.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint-stock association or other
entity or business organization of any kind.
B.
Word usage.
(1)
The term "regular," either by itself or in combination with any other
term or name, shall not be used at any location in Suffolk County
which markets gasoline to the general public for the sale, offering
for sale or advertising of gasolines that have a posted (R+M)/2 octane
rating of greater than 87.
(2)
The term "supreme," "super," "premium," or "high test," either by
itself or in combination with any other terms or names, shall not
be used at any location in Suffolk County which markets gasoline to
the general public for the sale, offering for sale or advertising
of gasolines that have a posted (R+M)/2 octane rating of less than
92.
(3)
The term "plus," "mid" or "mid grade," either by itself or in combination
with other terms or names, may only be used for the sale, offering
for sale or advertising of gasolines that have a posted (R+M)/2 octane
rating of 89, at any location in Suffolk County which markets gasoline
to the general public.
A.
No operator shall advertise a per-gallon price for a particular grade of gasoline which refers to the grade of that gasoline in a manner inconsistent with the definitions contained in § 494-31 of this article.
B.
Since all gasolines sold at retail for general purpose use of the
motoring public are gasolines that do not contain any lead or lead
components, the use of the term "no lead," "unleaded" or others of
similar meaning shall not be used solely as the grade names of gasolines.
However, combination terms including, but not limited to, "regular
unleaded," "unleaded regular," "premium unleaded," "unleaded plus"
or "super unleaded" shall be permissible.
C.
No operator shall increase the price charged for the sale of gasoline
of any particular grade or type more than once in any calendar day;
provided, however, that no person shall be subject to any fine nor
suspension or revocation of his/her license for a violation of this
section if said person can provide documentation, in a form acceptable
to the Director of the Office of Consumer Affairs, evincing that the
price per gallon of gasoline was increased to said person during the
course of the calendar day in question, thereby requiring said person
to increase the price per gallon of gasoline to be offered for sale
to the consumer in order for said person to pay for the associated
increase in cost, and provided further that the increased price per
gallon does not exceed the increased amount that was charged to the
operator.
[Added 12-20-2005 by L.L. No. 4-2006]
A.
Any person who shall violate any provisions of this article shall
be guilty of a violation and subject to a fine of up to $500.
B.
In addition, the Suffolk County Director of Consumer Affairs shall
have the authority to condemn any device or associated equipment used
in delivery and/or distribution of motor fuel in violation of any
provision of this article.
C.
The Director of the Office may also revoke any registration granted
pursuant to this chapter for any violation of any provision of this
article.
A.
This article shall be enforced by the Office of Consumer Affairs.
B.
Whenever any Weights and Measures official determines that any device
or associated equipment is used in the delivery and/or distribution
of motor fuel in violation of any provisions of this article, he shall
condemn the same and either seize it or order it removed. In the case
of a seizure, such device or equipment may be disposed of only as
directed by the Suffolk County Director of Consumer Affairs or his
authorized agent.
The Director of the Office is hereby authorized to promulgate
and issue such rules and regulations as he may deem necessary to implement
the provisions of this article.
