[Adopted 5-13-1987 by L.L. No. 17-1987; amended in its entirety 9-23-1992 by L.L. No.
15-1992 (Ch. 313, Art. IV, of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The County Department of Consumer Affairs.
Liquid used as fuel for internal-combustion engines. This
term shall specifically include, but not necessarily be limited to,
gasoline, diesel fuel and gasohol.
[Amended 12-17-2002 by L.L. No. 1-2003; 12-20-2005 by L.L. No. 3-2006; 12-20-2005 by L.L. No. 4-2006]
No person shall deliver or distribute motor fuel within the
County of Suffolk unless such person has:
A.
Obtained a certificate of registration as a motor fuels distributor
from the Department;
B.
Filed any changes in personal, business or corporation names or addresses
with the Department;
C.
Posted a registration decal issued by the Department on the outside
of any vehicle utilized to distribute motor fuel within the County
of Suffolk in such a manner as is readily visible to the public at
large, said decal to contain such information as the Department may
determine to be necessary; and
D.
Paid all taxes imposed pursuant to Article 12-A of the New York Tax
Law, if any such taxes are required by law to be paid and are not
exempted by any other provision of law.
No person shall deliver or distribute motor fuel within the
County of Suffolk if the price per gallon of the motor fuel that is
being delivered or distributed has been increased more than once in
any calendar day; provided, however, that no person shall be subject
to any fine nor suspension or revocation of his/her license for a
violation of this section if said person can provide documentation,
in a form acceptable to the Director of the Office of Consumer Affairs,
evincing that the price per gallon of motor fuel was increased to
said person during the course of the calendar day in question, thereby
requiring said person to increase the price per gallon of motor fuel
to be distributed to a motor fuel operator in order for said person
to pay for the associated increase in cost, provided further that
the increased price per gallon does not exceed the increased amount
that was charged to the motor fuel distributor.
[Added 12-17-2002 by L.L. No. 1-2003]
[Amended 12-20-2005 by L.L. No. 3-2006]
A.
Any person who shall violate any provisions of this article shall be guilty of a violation and subject to a civil penalty of not less than $250 nor more than $1,000, except that any person who violates the provisions of § 494-25 of this article shall be guilty of a violation and subject to a civil penalty of not less than $1,000 nor more than $10,000.
[Amended 6-24-2008 by L.L. No. 25-2008]
B.
In addition, any person who willfully attempts in any manner to evade
or defeat any tax imposed by Article 12-A of the New York Tax Law
shall be guilty of a separate violation and subject to a fine of not
less than $2,000 or imprisonment for up to 30 days, or both, in addition
to any other penalty provided by federal, state or local law.
C.
In addition, the Suffolk County Director of Weights and Measures
shall have the authority to condemn any device or associated equipment
used in delivery and/or distribution of motor fuel in violation of
any provision of this article.
D.
The Commissioner of the Department may also revoke any registration
granted pursuant to this chapter for any violation of any provision
of this article.
A.
This article shall be enforced by the Department and the Suffolk
County Director of Weights and Measures.
B.
Whenever any Weights and Measures official determines that any device
or associated equipment is used in the delivery and/or distribution
of motor fuel in violation of any provisions of this article, he shall
condemn the same and either seize it or order it removed. In the case
of a seizure, such device or equipment may be disposed of only as
directed by the Suffolk County Director of Weights and Measures or
his authorized agent.
C.
No person shall use or attempt to use any 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 a Weights and Measures official.
D.
No person, except a Weights and Measures official, shall remove any
such condemnation tag or obliterate, cover, obstruct or deface the
same or cause any of the foregoing.
E.
Upon application of the Director, the County Attorney or the District
Attorney may commence an action in the name of the County to restrain,
prevent and enjoin a violation of this chapter or any rule or regulation
promulgated hereunder or any continuance of such violation.
[Added 12-20-2005 by L.L. No. 3-2006]
The Commissioner of the Department is hereby authorized to promulgate
and issue such rules and regulations as he may deem necessary to implement
the provisions of this article.
