Solid fuel shall be sold by weight. A person who shall sell
or deliver, or attempt to sell or deliver, or offer to sell or deliver,
or who shall start out for delivery, less than 2,000 pounds by weight
to the ton of solid fuel, or a proper proportion thereof, in quantities
less than a ton, or shall knowingly deliver less solid fuel than the
quantity he represents he is selling or delivering, shall be guilty
of violation of the provisions of this article.
[Amended 7-18-1996 by L.L. No. 5-1996]
A.
Any person transporting or delivering or causing to be transported
or delivered any solid fuel for sale and delivery in the City which
has not been weighed by a weighmaster, licensed hereunder, on scales
located in the City which have been tested, sealed and approved by
the Office shall be guilty of a violation of the provisions of this
article.
B.
The Director of the Office of Licensing may determine the manner
and the method of weighing vehicles used in the transportation or
delivering solid fuel in the City. Any person transporting or delivering
solid fuel in the City which has not been weighed as described by
such Director shall be guilty of a violation of the provisions of
this article.
The name of the solid fuel dealer as recorded in his application
for a permit shall appear on the sides of the body of the vehicle
in letters legibly painted, stamped or enameled at least eight inches
high or on a sign attached to the sides of the vehicle or shall be
prominently displayed on an enameled sign at least two feet by three
feet in size, which sign shall be permanently attached to the vehicle.
Any person using a vehicle for the transportation of solid fuel, except
in the manner provided for herein, shall be guilty of a violation
of the provisions of this article.
A.
All deliveries of solid fuel to purchasers thereof, except solid
fuel which is sold in bags in lots of 100 pounds, shall be reported
by the sellers upon forms to be known as "delivery tickets." Before
using any delivery tickets in making deliveries of solid fuel to purchasers,
every solid fuel dealer shall submit to the Director of the Office
of Licensing a sample or specimen of such delivery tickets. It shall
be the duty of the Director of the Office of Licensing to inspect
such sample ticket and to direct such change as may be necessary in
order that it shall comply with the provisions of this article. The
Director of the Office of Licensing shall indicate his approval or
disapproval of any specimen ticket submitted within a reasonable time
after such submission.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
Such delivery ticket shall bear upon its face the following statement:
"I hereby attest that I have delivered to the purchaser named hereon
the quantity and kind of coal specified in this ticket." This statement
shall be signed upon the original and one of the duplicate originals
by the person actually making the delivery. Each delivery ticket shall
contain on its face the following information:
(1)
The date of issuance.
(2)
The name and address of the person selling the solid fuel.
(3)
The name and address of the purchaser.
(4)
The quantity in pounds and the kind, grade and size of the solid
fuel delivered.
(5)
The signature of the licensed weighmaster issuing such ticket, together
with his license number.
(6)
The vehicle license number or the owner's identification number
which is painted or enameled on the vehicle carrying the solid fuel.
C.
Each delivery ticket shall be issued in triplicate, shall be serially
numbered in each yard or branch and shall be used only in consecutive
order. One of the delivery tickets issued in triplicate shall be used
as the delivery receipt and shall be signed on its face by the recipient
of the solid fuel or his agent; another one of such delivery tickets
shall be given to the purchaser at the time of making the delivery.
[Amended 7-18-1996 by L.L. No. 5-1996]
Every driver or person in charge of a vehicle in which solid
fuel is being transported or delivered at all times shall have in
his possession delivery tickets for the solid fuel so transported,
shall present them for inspection to a representative of the Office
of Licensing upon request and shall present them to the purchaser
before unloading or attempting to unload such vehicle. The actual
amount of the load of solid fuel being transported or delivered shall
not be less than the weight represented on the delivery ticket, provided
that in all cases 30 pounds to a ton may be considered as an allowance
for variations in scales and wastage. The kind and size of the solid
fuel being transported or delivered must be specified in the manner
provided for in this section and the provisions of this article.
[Amended 7-18-1996 by L.L. No. 5-1996]
All voided delivery tickets in triplicate and the third copy
of each other delivery ticket shall be kept on file at the place of
business of the seller during the time when the solid fuel represented
by such ticket is in the course of actual delivery, and such voided
tickets in triplicate and such third copy, together with the signed
copy, shall be so kept on file according to the serial number for
a period of not less than one year thereafter, and tickets shall be
recorded or kept and be readily available at all times during business
hours for inspection by the Director of the Office of Licensing or
his duly authorized representative. Any solid fuel dealer who fails
to keep on file all delivery tickets or who, on request, fails to
present them for inspection to a duly authorized representative of
the Office shall be deemed guilty of a separate and distinct violation
of this article as to each such ticket.
[Amended 7-18-1996 by L.L. No. 5-1996]
Any person issuing or directing the issuance of or possessing
delivery tickets showing different weights or sizes for the same delivery,
or persons appearing at the place of delivery, each with a delivery
ticket for the same delivery, which tickets have different weights
or sizes appearing thereon, shall be deemed guilty of a violation
of the provisions of this article. A representative of the Office
of Licensing, if he has reason to believe that tickets showing different
weights for the same delivery are being used, may search the vehicle,
and if he should find any delivery tickets on the vehicle, such delivery
tickets shall be deemed to be in the possession of the driver of the
vehicle.
[Amended 7-18-1996 by L.L. No. 5-1996]
When solid fuel is purchased for resale, the operator of the
vehicle transporting or delivering such solid fuel shall retain in
his possession during such transportation or delivery, and shall present
to a representative upon request, the delivery ticket, commonly known
as "yard ticket," which he must obtain from the seller of such solid
fuel, and the quantity of solid fuel shown thereon at all times shall
correspond with the total of all quantities on the delivery tickets
covering the deliveries to be made and the deliveries already completed,
if any, from that particular load. Every solid fuel dealer who purchases
solid fuel for resale, for a period of one year from the date of sale,
shall keep on file at his place of business and keep readily available
at all times for inspection by the Director of the Office of Licensing
or a duly authorized representative, according to the dates, the yard
ticket that he or his representative had received at the time of purchase,
to which shall be attached the signed delivery tickets which he issued
of his deliveries, together with the triplicate ticket; provided,
however, that the signed delivery tickets and the triplicate tickets
may be filed according to the serial numbers without being attached
to the corresponding yard ticket, in which event the serial numbers
of such delivery tickets must be written in ink on the corresponding
yard ticket. The quantity on the yard ticket must correspond with
the total of the quantities on the corresponding delivery tickets.
The failure of any solid fuel dealer who purchases solid fuel from
a yard for resale to keep on file all yard and delivery tickets, including
all voided tickets in triplicate, shall be deemed a separate and distinct
violation as to each such ticket.
No person shall make or issue a delivery ticket for solid fuel
unless such solid fuel has been weighed by a duly licensed weighmaster.
[Amended 7-18-1996 by L.L. No. 5-1996]
Every licensed weighmaster shall notify the Office of Licensing
in writing of any change in the name and address of his employer.
No person shall use a delivery ticket unless signed by a licensed
weighmaster, or knowingly issue or use a delivery ticket which purports
to bear the signature of a licensed weighmaster but in fact was not
so signed.
[Amended 7-18-1996 by L.L. No. 5-1996]
No licensed weighmaster shall weigh and sign a delivery ticket
for any load of solid fuel unless such load is weighed by him on scales
located in the City, and unless upon the same date he shall have first
weighed the vehicle empty prior to its being loaded and unless the
vehicle is weighed in the manner or method prescribed in the Office
of Licensing. It shall be unlawful for any licensed weighmaster to
weigh and sign a delivery ticket for any load of anthracite transported
or being transported into the City by motor vehicle from outside the
State of New York unless and until a duplicate original of the certificate
of origin for such anthracite shall be filed with the weighmaster.
The weighmaster, upon signing such delivery ticket for any such load
of anthracite, shall make a notation upon the delivery ticket of the
serial number and date of the certificate of origin covering such
anthracite. It shall be a violation of this article for any person
to sign, issue or use a delivery ticket not in accordance with provisions
herein.
It shall be the right of every purchaser of solid fuel, before
accepting delivery of the same to have such solid fuel reweighed at
the nearest official scale. For this purpose, such purchaser may require
that any vehicle containing solid fuel purchased by him shall be taken
by the driver or other person in charge thereof to such scale for
the purpose of having the same reweighed, and after delivery of the
solid fuel my require that the vehicle from which such solid fuel
so purchased shall have been delivered shall be taken by the driver
thereof, or any other person in charge thereof, to such scale to be
reweighed. A certificate of the weight of such solid fuel so weighed
shall thereupon be furnished to the purchaser of such solid fuel by
the owner of the scale by which such solid fuel was weighed; provided,
however, that for the purpose of this section, the fee for reweighing
shall be paid by the purchaser.
Any solid fuel dealer or any owner of any scales or any of their
agents or representatives or any weighmaster who shall be concerned
in any misrepresentation of any kind, grade or size of solid fuel
or in any fraudulent weighing of solid fuel at such scales, or false
entry of such weighings shall be guilty of a violation of the provisions
of this article.
The delivery by any person of a lesser quantity of solid fuel
than the quantity he represents is presumptive evidence of knowledge
by such person that the quantity delivered was less than the quantity
represented.
A.
Whenever anthracite is transported directly from the breaker, colliery
or other place of production outside of the State of New York into
the City of Yonkers on any motor vehicle, such anthracite shall be
accompanied by a certificate of origin signed and sealed by the person
who is the owner or operator of the breaker, colliery or other place
of production where the anthracite to which the certificate or origin
refers is produced, and also signed by the person driving or operating
the motor vehicle on which such anthracite is transported into the
City.
B.
Whenever any anthracite transported from outside the State of New
York into the City by motor vehicle has been commingled before entry
into the City in any yard, pocket or other place of storage other
than the breaker, colliery or other place of production where such
anthracite was produced, the certificate of origin shall be signed
and sealed by the person owning or operating the motor vehicle on
which such anthracite is transported into the City at the time such
vehicles cross any boundary line of the City.
Charcoal shall be sold by weight, and each container in which
charcoal is sold or delivered in quantities of 100 pounds or less
shall be plainly and conspicuously marked to show the net quantity
of the contents in solid Roman capital letters at least one inch in
height.
