Town of Webster, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Webster 1-8-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 124.
Signs — See Ch. 178.
Zoning — See Ch. 225.

§ 162-1 Purpose.

The purpose and intent of this chapter is to prohibit certain fraudulent practices with respect to selling or offering for sale gasoline, kerosene or diesel fuel at retail and to prevent and deter any practice which would deceive or tend to deceive the purchaser of such products as to the price, nature, quality, quantity or identity thereof. This chapter also regulates the size, shape, color, content and placement of signs advertising the price of such products at retail.

§ 162-2 Fraudulent practices.

It shall be unlawful for any person, firm or corporation to sell or offer for sale gasoline, kerosene or diesel fuel at retail in any manner to deceive or tend to deceive the purchaser as to the price, nature, quality, quantity or identity thereof or to sell or offer for sale from any pumps or other dispensing device any gasoline, kerosene or diesel fuel other than what is manufactured or distributed by the manufacturer or distributor under the name, trade name, brand, mark or symbol affixed to or indicated on such pump or other dispensing device.

§ 162-3 Signs.

A. 
It shall be unlawful for any person, firm or corporation to sell or offer for sale at retail gasoline, kerosene or diesel fuel unless such seller shall post and keep continuously and conspicuously posted on each pump or other dispensing device a sign whose maximum and minimum dimensions, except for signs on blend pumps as defined below, shall be 12 inches square. The sign shall show, clearly and legibly, the total selling price and shall contain a price breakdown box, all as prescribed below:
(1) 
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 three and one-fourth (3 1/4) inches in width and shall have a stroke width of at least one inch; except that numbers denoting tenths of a cent shall be at least half the dimensions and at least half the stroke width of the numbers prescribed above.
(2) 
Below the total selling price as prescribed in Subsection A(2) above shall be the statement INCLUDES ALL TAXES in letters of uniform size at least one-half (1/2) inch in height with a stroke width of at least three-sixteenths (3/16) inch and extending at least five and one-half (5 1/2) inches.
(3) 
The portion of the sign setting forth the price breakdown 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 text shall specify the basic price per gallon, the combined federal and state taxes per gallon and the total selling price per gallon. All numbers used in the price breakdown shall be of uniform size and shall be at least one inch in height with a stroke width of at least three-sixteenths (3/16) inch. Numbers denoting tenths of a cent shall be the same height and stroke width as the whole-cents numbers. All letters used to explain the information in the price breakdown box shall be at least one-fourth (1/4) inch in height and one-eighth (1/8) inch in width.
(4) 
Dual pumps dispensing the same grade of product from both nozzles are to be construed as one pump and shall require one sign. Dual pumps dispensing two different grades of product are to be construed as two pumps and shall require a separate sign for each grade.
(5) 
When a pump or other dispensing device is so designed as to dispense gasoline of more than one octane rating, a sign with a display area 12 inches in height and 30 inches in width shall be posted and kept posted on the pump or other dispensing device. The display area on such sign shall be divided into five sections of equal width, and the total selling price and price breakdown for each blend of product shall be displayed as follows:
(a) 
The octane rating shall be shown in the upper portion of each section, with numbers at least one and one-half (1 1/2) inches in height and with a stroke width of at least one-fourth (1/4) inch.
(b) 
The numbers used to display the total selling price shall be of uniform size and shall be six inches in height with a stroke width of one-half (1/2) inch, except that numbers denoting tenths of a cent may be one-half (1/2) the width and one-half (1/2) the stroke width of the accompanying numbers.
(c) 
Below the total selling price shall be displayed the price breakdown, which shall state the price per gallon of the product, the amount of combined state and federal tax, the amount of sales tax and the total price per gallon, plus the statement INCLUDES ALL TAXES. Letters and numbers in the price breakdown shall be of uniform size and shall be one-half (1/2) inch in height with a stroke width of one-eighth (1/8) inch, except that the numbers denoting the total selling price shall be at least one inch in height with a stroke width of at least three-sixteenths (3/16) inch.
B. 
If the sale of gasoline or other products as regulated herein may be made from more than one side of a pump or other dispensing device, the price sign shall be so constructed and displayed as to be visible from each side from which dispensing takes place.
C. 
All price signs as regulated by this chapter shall consist of a background that clearly contrasts the required letters and numbers.
D. 
It shall be unlawful for any person, firm or corporation engaged in the retail sale of gasoline, kerosene or diesel fuel or for any other person to post any sign, on or off the business premises, stating, implying or referring to the price of gasoline, kerosene or diesel fuel other than as provided by this chapter. Wording such as "low price," "discount," "price down," "save," "sale," "reduced," "war," "economy," "economize," "thrifty" or any other words, letters, numbers, symbols or markings stating, referring to or implying price shall be deemed to imply or refer to the price of gasoline or other flammable product unless they are accompanied by words of equal size and prominence clearly indicating that they refer to articles or services other than gasoline or other flammable liquids. Dollar symbols shall be of a size equal to that of accompanying numbers. When amounts less than $1 are denoted by a decimal point, the decimal point shall be at least one-fourth (1/4) the size of the accompanying numbers.
E. 
The signs defined in this chapter are to be posted only on the pumps or other dispensing devices, except that the posting of one additional sign per service station or other establishment selling at retail the petroleum products regulated by this chapter shall be permitted for the advertising of one grade of product only. Such sign shall not exceed 18 inches in height and 18 inches in width. The grade of product advertised by this additional sign shall be stated in letters at least three inches in height with a stroke width of at least one-half (1/2) inch. The size of the numbers stating the price per gallon of the advertising product shall not be restricted. Numbers denoting tenths of a cent shall be of the same height and stroke width as accompanying whole-cents numbers. Below the price numbers shall appear the words INCLUDES ALL TAXES in letters at least one and one-half (1 1/2) inches in height with a stroke width of at least three-eighths (3/8) inch. All letters and numbers shall be clear and legible and shall be on a background that clearly contrasts the required letters and numbers. Posting of such eighteen-by-eighteen-inch sign shall only be authorized on the inside window glass area of the service office. If the price so advertised is for self-service only, the words "Self-Service" shall be posted on a placard 27 inches in length by four inches in width immediately above the eighteen-by-eighteen-inch sign, with letters three inches in height and with a stroke width of one-half (1/2) inch, which lettering shall contrast with the background color of such placard.

§ 162-4 Products not available.

When a particular grade of product as regulated herein is not available, the price sign or, in the case of a blend pump, the section of the sign relating to the nonavailable blends shall be covered until the product again becomes available.

§ 162-5 Designation of self-service pumps.

When posted prices regulated by this chapter are displayed on self-service pumps and are lower than prices charged at pumps serviced by an attendant, a clear and conspicuous statement to the effect that such pumps are for self-service shall be attached and kept attached to each pump or other dispensing device at which self-service prices prevail.

§ 162-6 No-brand products.

When products that are regulated by this chapter are not identified by a trade name or brand name at the time of retail sale, a sign bearing the words NO BRAND shall be continuously and conspicuously posted on the pump or other dispensing device from which such product is dispensed. All letters of the NO BRAND designation shall be at least two inches in height with a stroke width of at least one-fourth (1/4) inch and shall be of a color contrasting with the background.

§ 162-7 Enforcement.

This chapter shall be enforced by the Monroe County Sealer of Weights and Measures.

§ 162-8 Penalties for offenses.

Any person, firm or corporation or agent or employee thereof found guilty of violating this chapter shall be subject to a fine of $25 for the first offense and $100 per violation per day for the second and any subsequent offenses.