City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Mount Vernon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 131.
Sale of fuel — See Ch. 139.
[Adopted 11-13-1957 as Ch. 34 of the General Ordinances, approved 11-15-1957; amended in its entirety 8-28-1974, approved 8-28-1974]
It shall be unlawful for any person, firm or corporation to sell or offer for sale at retail for use in internal-combustion engines in motor vehicles or motorboats any gasoline or diesel motor fuel unless such seller shall post and keep continuously posted on the individual pump or other dispensing device from which such gasoline or diesel motor fuel is sold or offered for sale a sign or placard 12 inches in height and 12 inches in width stating clearly and legibly the selling price per gallon of such gasoline, the federal and state taxes, the local sales tax and the total selling price per gallon of such gasoline or diesel motor fuel so sold or offered for sale from such pump or other dispensing device. The name, trade name, brand, mark or symbol and grade or quality classifications, if any, of such gasoline or diesel motor fuel shall be permanently imprinted on said gasoline or diesel motor fuel dispensing unit.
A. 
Each pump which dispenses gasoline or diesel motor fuel for sale at retail shall display a sign in compliance with the requirements of § 142-1 of this article (hereinafter referred to as the "sign"). The sign shall be composed of two units, one shall contain the total selling price and the other shall contain the price breakdown box.
B. 
The unit of the sign setting forth the total selling price shall display the selling price per gallon, including all applicable taxes, and shall be accompanied by the statement "includes all taxes." All numbers used to display the total selling price shall be of uniform size and shall be at least nine inches in height, at least 3 1/4 inches in width and a stroke width of at least one inch. The statement "includes all taxes" shall be in letters of uniform size at least 1/2 inch in height and extending at least 5 1/2 inches.
C. 
The unit of the sign setting forth the price breakdown box shall be located in the lower right-hand corner of the sign and shall be no less than six inches in height and four inches in width. The price breakdown box shall include the basic price per gallon, the federal and state taxes per gallon, the City of Mount Vernon sales tax per gallon and the total selling price per gallon. All numbers used in the price breakdown box shall be of uniform size and shall be at least one inch in height with a stroke width of at least 3/16 of an inch.
D. 
Where a tenth-of-a-cent number is used on the sign, that number must be at least 1/2 the size of the number to which it relates.
E. 
All letters used to explain the information in the price breakdown box of the sign shall be at least 1/4 inch in height and 1/8 inch in width.
F. 
The sign shall be permanently fixed to the pump so that the information may be easily read from the dispensing side of the pump.
G. 
If service of gasoline or diesel motor fuel may be made from more than one side of a pump or dispensing device, the sign shall be so constructed as to be visible from each side from which dispensing takes place or a sign shall be posted on each side that dispensing takes place.
[Amended 10-26-1983, approved 10-27-1983]
No sign or placard stating the price or prices of gasoline or diesel motor fuel at retail for use in motor vehicles or motorboats other than such signs or placards as hereinabove provided shall be posted or maintained on the premises on which said gasoline or diesel motor fuel is sold or offered for sale; except that the vendor, if doing business on a one-way street, may place one sign, two feet two feet, containing the precise information required by §§ 142-1 and 142-2 within the vendor's premises; in the event that the vendor is doing business on a two-way street, two such signs may be placed within the vendor's premises.
It shall be unlawful for any person, firm or corporation to sell or offer for sale gasoline or diesel motor fuel at retail in any manner so as to deceive or tend to deceive the purchaser as to the price, nature, quality or identity thereof, or to sell or offer for sale from any pump or dispensing device any gasoline or diesel motor fuel other than that gasoline or diesel motor fuel manufactured or distributed by the manufacturer or distributor marketing such gasoline or diesel motor fuel under the name, trade name, brand, symbol or mark affixed to or contained on such pump or other dispensing device, or to substitute, mix or adulterate gasoline or diesel motor fuel sold or offered for sale under a name, trade name, brand, symbol or mark.
The Sealer of Weights and Measures shall administer and enforce this article and shall have the authority to issue summonses for violations thereof.