2006 New York Code - Sale And Delivery Of Petroleum Products.

 
    § 192. Sale and delivery of petroleum products.  1. No device shall be
  used  for  the  purpose  of  dispensing and measuring petroleum products
  unless the owner of such device has complied with  section  one  hundred
  eighty-two of this article.
    2.  a.  Devices equipped with automatic temperature compensation shall
  be  used  only  if  the  device  is  used  exclusively   for   wholesale
  transactions.
    b.  Automatic  and non-automatic temperature compensation shall not be
  applied to retail sales of petroleum products.
    3. Any person owning or operating any vehicle used for the delivery of
  any petroleum product and carrying any weighing,  measuring  or  pricing
  device used in relation thereto shall submit such vehicle for inspection
  and  testing to the weights and measures official of the municipality in
  which such vehicle is principally stored or kept. Such submission  shall
  be  done at least annually and at a location designated by the municipal
  director.
    4. Except where otherwise agreed to by the  parties  in  writing,  all
  petroleum  products  delivered from a vehicle shall be measured by meter
  or other measuring device. Where petroleum  products  delivered  from  a
  vehicle are measured by meter, the seller shall provide the buyer with a
  mechanically  prepared  metered  document  which  shall  show the actual
  quantities  of  all  grades  of  petroleum  products  delivered.   Where
  petroleum  products  delivered from a vehicle are not measured by meter,
  the seller shall provide  the  buyer  a  mechanically  prepared  metered
  document  which  shall  show  the  actual  quantities  of  all grades of
  petroleum products transferred to the vehicle. The delivery ticket shall
  also contain the name and address of the  seller  and  buyer,  the  date
  delivered,  price  per  unit measure and total price; provided, however,
  that such delivery ticket need not set forth the total price  if  within
  five  days  after  delivery the seller provides the buyer with a written
  statement setting forth all  the  foregoing  information  including  the
  total  price.  All deliveries of home heating fuel oil shall be measured
  by meter, the delivery tickets shall be serially numbered,  and  a  copy
  retained by the seller for a period of one year.
    5. a. 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 motor fuel unless such seller shall:
    (i) post and keep posted on the  dispensing  device  from  which  such
  motor  fuel  is  sold  or  offered  for sale a sign or placard, at least
  twelve inches in height and at least twelve  inches  in  width,  stating
  clearly and legibly with the whole cent numerals at least nine inches in
  height and at least two inches in width, the selling price per gallon of
  such motor fuel; or
    (ii)  where  such  individual pump or dispensing device dispenses more
  than two differently priced grades of motor fuel, only the  highest  and
  lowest  selling  price per gallon of such motor fuel dispensed therefrom
  must be posted thereon in conformance with all other provisions of  this
  subdivision; or
    (iii)  where  a  multiple  product  dispensing  device  is  capable of
  dispensing multiple products at multiple prices, then the selling  price
  per  gallon  may  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.
    The  signs  and  selling  prices  shall  be posted so as to be clearly
  visible to the driver of an approaching motor vehicle or motorboat.  The
  name,   trade  name,  brand,  mark  or  symbol,  and  grade  of  quality
  classification, if any of such motor fuel shall be permanently imprinted
  on said motor fuel dispensing device. The provisions of this subdivision
  shall not apply to a city, county, town or  village  which  has  already
  enacted  and  continues  in  effect  a  local  law,  ordinance,  rule or
  regulation  in  substantial  conformity  with  this   subdivision.   The
  provisions of this subdivision shall be enforced in the counties 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  person  who  shall violate the provisions of this subdivision
  shall be liable to a civil penalty of not more than one hundred  dollars
  and  for  any subsequent violation shall be liable to a civil penalty of
  not more than five hundred dollars.
    6. Gasoline stations; air pumps required. a. Definition.  As  used  in
  this  subdivision:  "dealer" shall mean any person owning or operating a
  premise or facility with four or more gas  dispensing  nozzles  for  the
  retail sale of motor fuels for use in motor vehicles.
    b. Any dealer must provide on the premises where motor fuel is sold at
  retail  for  use  in  motor  vehicles  a  functioning  motor  driven air
  compressor capable of inflating automobile tires for  use  by  customers
  during hours in which such station is open for business.
    c.  Wilful  failure  to comply with the provisions of this subdivision
  shall subject a dealer to a civil penalty of up to  twenty-five  dollars
  for  each day such failure occurs. If the failure to comply results from
  the breakdown of the air compressor, the  failure  to  repair  within  a
  reasonable time shall constitute wilful conduct.