[HISTORY Adopted by the Legislature of the County of Monroe 5-13-1975 by L.L. No. 2-1975. Amendments noted where applicable.]
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.
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.
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 affix and keep continuously and conspicuously affixed to the top of each such 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.
[Amended 9-25-1979 by L.L. No. 6-1979]
All numbers used to display the total selling price shall be of uniform size which shall be no longer than nine inches in height; the numbers two through nine shall be no wider than 2 7/8 inches in width and shall have a stroke width of at least one inch; and the number one shall be no wider than 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. A decimal point shall be 1/4 the size of accompanying numbers.
Below the total selling price as prescribed in Subsection A(1) above shall be the statement INCLUDES ALL TAXES in letters of uniform size at least 1/2 inch in height with a stroke width of at least three 3/16 inch and extending at least 5 1/2 inches.
The portion of the sign setting forth the price breakdown shall be located in the lower right 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, the sales tax per gallon and the total selling price per gallon. All numbers used in the price breakdown shall of uniform size and shall be at least one inch in height with a stroke width of at least 3/16 inch. Numbers denoting tenths of a cent shall be the same height and stroke width as the whole cents number. All letters used to explain the information in the price breakdown box shall be at least 1/4 inch in height and 1/8 inch in width.
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.
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 affixed and kept continuously affixed on top of the pump or other dispensing device. The display area on such sign shall be divided into the number of blends dispensed by the particular pump on which such sign is affixed. Each section shall be of equal width and the total selling price and price breakdown for each blend of product shall be displayed as follows:
The octane rating shall be shown in the upper portion of each section with numbers at least 1 1/2 inches in height and with a stroke width of at least one1/4 inch.
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 1/2 inch, except that numbers denoting tenths of a cent may be 1/2 the width and 1/2 the stroke width of the accompanying numbers.
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 federal and state 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 1/2 inch in height with a stroke width of 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 3/16 inch.
If sale of gasoline or other product 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.
All price signs as regulated by this chapter shall consist of a background that clearly contrasts the required letters and numbers.
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, prominence and legibility 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.
Any additional signs, other than those signs affixed on top of pumps or other dispensing devices, shall conform to the following requirements. The grade of product advertised by any additional signs shall be stated in letters at least three inches in height with a stroke width of at least (1/2) inch. The size of the numbers stating the price per gallon of the advertised 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 1 1/2 inches in height with a stroke width of at least 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. 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 any such additional signs with letters three inches in height and with a stroke width of 1/2 inch, which lettering shall contrast with the background color of such
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.
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.
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 1/4 inch and shall be of a color contrasting with the background.
[Amended 9-25-1979 by L.L. No. 6-1979]
This chapter shall be enforced by the Monroe County Department of Weights and Measures. Upon finding a violation of the provisions of this chapter, the Director of the Department of Weights and Measures shall expeditiously cause the same to be corrected or, where there is evidence of intent to defraud, refer evidence of such violation to the Monroe County District Attorney for prosecution or, in the absence of intent to defraud the name of Monroe County, to recover a civil penalty in the amount prescribed in § 251-8 of this chapter. A cause of action for recovery of such penalty may be released, compromised or settled by the Director of the Monroe County Department of Weights and Measures before the matter is referred to the Monroe County Attorney or thereafter by the Monroe County Attorney. All moneys collected hereunder shall be retained by Monroe County.
Editor's Note: This local law was accepted for filing by the state by L.L. No. 4-1979.
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.