[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:
COMMISSIONER
The Commissioner of the Suffolk County Department of Consumer Affairs.
DIRECTOR
The Suffolk County Director of Weights and Measures.
DISTRIBUTOR
Any person who transports or stores or causes the transportation or storage of gasoline from any point to any gasoline station.
GASOLINE
Any fuel sold in Suffolk County for use in motor vehicles and motor vehicle engines and commonly or commercially known or sold as "gasoline."
OPERATOR
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.
PERSON
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.
D. 
It shall be a good-faith defense to any violation of Subsection C of this section that a refiner or distributor had reasonable cause to believe that the retail dealer had the materials necessary to comply with the posting requirements contained in § 494-19 of 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.
E. 
The Commissioner is hereby authorized and empowered to revoke any registration granted pursuant to Article V of this chapter for any violation of any provisions of Article V of this chapter or any violation 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.