Suffolk County, NY: Gasoline Stations

[Adopted 4-12-1988 by L.L. No. 11-1988 (Ch. 316, Art. I, of the 1985 Code)]

As used in this article, the following terms shall have the meanings indicated:

The Commissioner of the Suffolk County Department of Consumer Affairs.

To engage in the direct sale, delivery, transport or transfer of gasoline for compensation to any person within the County of Suffolk for the purpose of ultimate retail use or consumption.

FUEL

Liquid used as fuel for internal-combustion engines. This term shall specifically include but is not necessarily limited to gasoline, diesel motor fuel, kerosene and gasohol.

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," "kerosene," "diesel motor fuel," and/or "gasohol."

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 or 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.

§ 497-2 Leases requiring twenty-four-hour operation declared unenforceable.

No provision of any lease entered into between a retailer of gasoline located within the County of Suffolk and any distributor or supplier of such gasoline, which provision mandates a retailer of gasoline to remain open 24 hours a day for the purpose of distributing gasoline to the general public for ultimate consumption at the retail level, regardless of the nature of such other retail or wholesale business activity as may be conducted at such retail business establishment, agreed to, entered into or made part of any lease or agreement for gasoline service stations located within the County of Suffolk on or after the effective date of this article shall be enforceable. Any such provision shall be null and void ab initio and of no force and effect.

§ 497-3 Rules and regulations.

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.

§ 497-4 Penalties for offenses.

Any person who enters into and/or agrees to a lease provision in violation of § 497-2 of this article or who induces or coerces or compels someone to enter into or agree to such a provision shall be guilty of a violation and subject to a fine of not more than $500 or imprisonment up to 15 days, or both.