[Adopted 5-13-1987 by L.L. No. 18-1987 (Ch. 315 of the 1985
Code)]
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Suffolk County Department of Consumer
Affairs.
The Suffolk County Director of Weights and Measures.
Any person who transports or stores or causes the transportation
or storage of gasoline from any point to any gasoline station.
Any fuel sold in Suffolk County for use in motor vehicles
and motor vehicle engines and commonly or commercially known or sold
as "gasoline."
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.
A.
It shall be unlawful for any operator to transfer, sell, dispense
or offer gasoline, diesel motor fuel or kerosene for sale unless the
retail dispensing device displays a sign disclosing the minimum Federal
Trade Commission (FTC) octane rating or the minimum cetane rating,
whichever is applicable.
B.
It shall be unlawful for any person, firm or corporation functioning
as a refiner, distributor or retailer to sell, offer for sale, transfer
or dispense gasoline, diesel motor fuel or kerosene intended for use
within the County of Suffolk unless such products comply with the
specifications established by the most recent standards and revisions
of the American Society for Testing and Materials, as amended from
time to time.
A.
It shall be unlawful for any person functioning as a refiner, distributor
or transporter to sell, transfer or dispense gasoline within the County
of Suffolk without leaving at the time and place of delivery a bill,
invoice or other written instrument evidencing the transaction with
the person receiving such gasoline disclosing:
(1)
The presence of methanol and cosolvent by disclosing the quantity
of each as a percent of the total volume, but only if the quantity
of methanol exceeds 3/10 of 1%.
(2)
The presence of ethanol by disclosing the quantity of ethanol as
a percentage of the total volume, but only if its quantity exceeds
1%.
(3)
The presence of lead additive by disclosing its quantity but only
if the quantity of lead additive is in excess of 5/100 of one gram
per gallon.
(4)
The minimum FTC octane rating.
B.
It shall be unlawful for any person, functioning as a refiner, distributor
or transporter, to sell, transfer or dispense diesel motor fuel without
leaving a bill, invoice or other written instrument evidencing the
transaction with the person receiving such diesel motor fuel disclosing
the grade of diesel fuel.
C.
It shall be unlawful for a refiner, distributor or transporter to
transfer, sell, dispense or offer gasoline for sale within the County
of Suffolk to a retail operator unless the refiner or distributor
provides the materials necessary to comply with the posting requirements
contained in this article.
It shall be unlawful for any person to store, sell, transfer or dispense gasoline or diesel motor fuel products without having in the possession of such person a copy of the bill, invoice or other written instrument evidencing the transaction by which such person came into possession of the gasoline or diesel motor fuel or to fail to retain a copy of such written instrument for at least 12 months following initial acquisition of such fuel product. Such written instrument shall contain all of the information required by § 494-20A and B. The requirements of this section shall not apply to a retail purchaser.
A.
Any person who shall violate any provision of this article shall
be guilty of a violation and subject to a fine of not more than $500
or imprisonment up to 15 days, or both.
B.
In addition, whenever the Director or his designee inspects any motor-fuel
device or associated equipment and finds that it does not correspond
with the standards, specifications, tolerance or variations allowable
as referred to in this article, he shall condemn the same and either
seize it or order it repaired or removed. In the case of a seizure,
such device or equipment may be disposed of only as directed by the
Commissioner or his authorized agent.
C.
No person shall use or attempt to use any motor-fuel device or equipment
to which there has been affixed or upon which there has been placed
any condemnation tag unless such condemnation tag has been removed
therefrom by the Director or his designee. No person, except the Director
or his designee, shall remove such a tag or obliterate, cover, obstruct
or deface the same or cause any of the foregoing.
D.
The Commissioner is hereby authorized and empowered to issue and
promulgate such rules and regulations as he shall deem necessary to
implement the provisions of this article.
A.
All records and books required to be kept pursuant to the provisions
of this article shall, at all reasonable times, during regular business
hours, be open for inspection by the Commissioner or any employee
duly authorized or designated by him.
B.
The Commissioner or duly designated employee shall have access to
any place of business, buildings or premises used for the storage,
transportation, transfer or sale of motor fuels or which are used
for the storage or maintenance of records required to be maintained
pursuant to this article subject to the issuance of an administrative
search warrant to make copies, make inspections or take necessary
samples from any pump, vessel, storage tank, pipe, trailer, tanker
or any other such device which may be used for the storage, transportation,
transfer or sale of motor fuels.
