[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
GENERAL REFERENCES
Gasoline sales — See Ch. 494.
[Adopted 4-12-1988 by L.L. No. 11-1988 (Ch. 316, Art. I,
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.
To engage in the direct sale, delivery, transport or transfer
of gasoline for compensation to any person within the County of Suffolk
for the purpose of ultimate retail use or consumption.
Liquid used as fuel for internal-combustion engines. This
term shall specifically include but is not necessarily limited to
gasoline, diesel motor fuel, kerosene and gasohol.
Any fuel sold in Suffolk County for use in motor vehicles
and motor vehicle engines and commonly or commercially known or sold
as "gasoline," "kerosene," "diesel motor fuel," and/or "gasohol."
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 or 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.
No provision of any lease entered into between a retailer of
gasoline located within the County of Suffolk and any distributor
or supplier of such gasoline, which provision mandates a retailer
of gasoline to remain open 24 hours a day for the purpose of distributing
gasoline to the general public for ultimate consumption at the retail
level, regardless of the nature of such other retail or wholesale
business activity as may be conducted at such retail business establishment,
agreed to, entered into or made part of any lease or agreement for
gasoline service stations located within the County of Suffolk on
or after the effective date of this article shall be enforceable.
Any such provision shall be null and void ab initio and of no force
and effect.
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.
Any person who enters into and/or agrees to a lease provision in violation of § 497-2 of this article or who induces or coerces or compels someone to enter into or agree to such a provision shall be guilty of a violation and subject to a fine of not more than $500 or imprisonment up to 15 days, or both.
