[Adopted 9-15-1998 by L.L. No. 22-1998 (Ch. 313, Art. V, of the 1985 Code)]
A. 
This Legislature hereby finds and determines that consumers are commonly misled when purchasing gasoline as a result of deceptive advertising at disreputable service stations.
B. 
This Legislature finds that these disreputable service stations are preying on the long-established traditions and assumptions of the gasoline marketplace, namely that the lowest priced gasoline is regular gasoline having a posted octane rating of 87.
C. 
This Legislature further finds that these misrepresentations are similarly made with respect to the advertisement of the premium grades of gasoline.
D. 
This Legislature further finds that as a result of the deceptive practices employed by some service stations, reputable service stations as well as consumers are damaged to the extent that there is a loss of business and an overpayment for goods.
E. 
Therefore, the purpose of this article is to regulate the advertising and sale of gasoline by establishing uniform guidelines to be adhered to by service stations doing business in Suffolk County.
A. 
As used in this article, the following terms shall have the meaning indicated:
DIRECTOR
The Director of the Suffolk County Office of Consumer Affairs.
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."
OCTANE RATING
Rating of the antiknock characteristics of a grade or type of automotive gasoline as determined by dividing by two the sum of the research octane number plus the motor octane number. The terms "research octane number" and "motor octane number" have the meanings given such terms in the specifications of the American Society for Testing and Materials (ASTM) entitled "Standard Specifications for Automotive Gasoline" designated D 439 (as in effect on June 19, 1978).
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.
B. 
Word usage.
(1) 
The term "regular," either by itself or in combination with any other term or name, shall not be used at any location in Suffolk County which markets gasoline to the general public for the sale, offering for sale or advertising of gasolines that have a posted (R+M)/2 octane rating of greater than 87.
(2) 
The term "supreme," "super," "premium," or "high test," either by itself or in combination with any other terms or names, shall not be used at any location in Suffolk County which markets gasoline to the general public for the sale, offering for sale or advertising of gasolines that have a posted (R+M)/2 octane rating of less than 92.
(3) 
The term "plus," "mid" or "mid grade," either by itself or in combination with other terms or names, may only be used for the sale, offering for sale or advertising of gasolines that have a posted (R+M)/2 octane rating of 89, at any location in Suffolk County which markets gasoline to the general public.
A. 
No operator shall advertise a per-gallon price for a particular grade of gasoline which refers to the grade of that gasoline in a manner inconsistent with the definitions contained in § 494-31 of this article.
B. 
Since all gasolines sold at retail for general purpose use of the motoring public are gasolines that do not contain any lead or lead components, the use of the term "no lead," "unleaded" or others of similar meaning shall not be used solely as the grade names of gasolines. However, combination terms including, but not limited to, "regular unleaded," "unleaded regular," "premium unleaded," "unleaded plus" or "super unleaded" shall be permissible.
C. 
No operator shall increase the price charged for the sale of gasoline of any particular grade or type 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 gasoline 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 gasoline to be offered for sale to the consumer in order for said person to pay for the associated increase in cost, and provided further that the increased price per gallon does not exceed the increased amount that was charged to the operator.
[Added 12-20-2005 by L.L. No. 4-2006]
A. 
Any person who shall violate any provisions of this article shall be guilty of a violation and subject to a fine of up to $500.
B. 
In addition, the Suffolk County Director of Consumer Affairs 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.
C. 
The Director of the Office 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 Office of Consumer Affairs.
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 Consumer Affairs or his authorized agent.
The Director of the Office is hereby authorized to promulgate and issue such rules and regulations as he may deem necessary to implement the provisions of this article.