A.
No person, firm or corporation in the business of selling or offering
for sale gasoline or other petroleum products shall use any pump or
measuring devices after installation or repair unless such device
has been tested and approved by the representative of the Office of
Licensing.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
Every person, firm or corporation in the business of selling or offering
for sale gasoline or other petroleum products for use in motor vehicles
shall prime each pump every day before serving the public and shall
have an approved five-gallon test measure on the premises to test
these pumps daily.
[Amended 7-18-1996 by L.L. No. 5-1996]
A.
The official seal placed on pumps or other measuring devices by a
representative of the Office of Licensing shall not be removed, defaced
or obscured.
B.
The security seal attached to the meter adjustment shall remain unbroken,
except that a licensed repairman may break the City seal to make necessary
repairs or recalibrations, provided that notice has been received
by the Office of Licensing that said seal will be broken for the purpose
of repairs. Immediately upon the completion of repair, the licensed
repairman shall replace the security seal with his own, bearing proper
identification. The repairman shall then notify the Office of Licensing,
in writing, of the completion of such repairs.
A retail petroleum product device of the meter type shall be
so constructed that after a particular delivery cycle has been completed
by movement of the starting lever to its shutoff position, an effective
automatic interlock will prevent a subsequent delivery being started
until the indicating elements have been returned to their correct
zero positions.
A sign in red letters at least one inch high shall be placed
over the dial face of any pump which is not in proper working order.
The delivery hose must be disconnected therefrom. The sign shall read
as follows: "This pump is out of order."
It shall be a violation of these rules and regulations for any
person, firm or corporation to make any sale from a pump which has
a broken interlock.
A.
B.
Grease-measuring devices for transmission and differential lubricants:
(1)
Each unit must be primed each time before use.
(2)
The unit of measure shall be one pint and multiples thereof.
(3)
Gasoline stations which have older-type pumps without gauges must
be equipped with a sign attached to the pump stating the amount delivered
by each full stroke. Operators must be sure the stroke is complete,
i.e., that the handle is turned to the starting or zero position.
A.
The driver of each truck making a delivery of gasoline shall be supplied
with a yard or delivery ticket to be kept in his possession until
completion of the delivery of the entire load.
B.
Each ticket shall be consecutively marked.
C.
Each yard ticket shall indicate clearly the type of gasoline in each
compartment.
D.
Yard tickets shall be made available to representatives of the Office
of Licensing at any time during delivery.
[Amended 7-18-1996 by L.L. No. 5-1996]
E.
The yard ticket shall be shown to the purchaser upon his demand during
delivery.
F.
Upon completion of delivery, the yard ticket shall be turned in by
the driver to the driver's terminal, where it shall be kept on
file for six months and shall be made available during business hours
for inspection.
Selector valves on each truck used for making delivery of gasoline
shall be clearly and indelibly marked and maintained so that the relationship
of the selector valve to the numbered compartment is readily visible.
A.
The fill boxes at the service station or garage shall be painted
with distinctive colors and so maintained by the supplies and/or station
operator in order that the type of product contained therein be readily
identified.
B.
Each company selling gasoline in the City of Yonkers shall supply
to the Office a set of 12 color charts used to identify their fill-box
code.
[Amended 7-18-1996 by L.L. No. 5-1996]
[Amended 7-18-1996 by L.L. No. 5-1996]
Each company selling gasoline in the City of Yonkers shall supply
the Office of Licensing with a color sample of each type of gasoline.
The color sample may be in either aqueous solution or in miscible
oil base. Whenever a product is so changed that the color is changed,
the company making the change shall supply the Office with a new sample
denoting the new color. Each sample shall be no less than eight fluid
ounces.
The stick lines at the service station or garages shall be painted
with distinctive colors and so maintained by the supplier and/or station
operator in order that the type of product contained therein may be
readily identified. The method of marking such stick lines shall be
the same as the marking for the fill line.
A.
It shall be unlawful for any person, firm or corporation to sell
or offer for sale at retail for use in internal combustion engines
in motor vehicles any gasoline unless such seller shall post and keep
continuously posted on the individual pump or dispensing device from
which such gasoline is sold or offered for sale a sign or placard
12 inches in height and 12 inches in width, stating clearly and legibly
the following:
(1)
The selling price per gallon on such gasoline.
(2)
The United States excise tax and the New York State motor fuel tax
combined and clearly indicated as such.
(3)
The sales tax.
(4)
The total price per gallon of such gasoline or diesel motor fuel
so sold or offered for sale from such pump or other dispensing device.
(5)
The name, trade name, band, mark or symbol and grade of quality classification,
if any, of such gasoline or diesel motor fuel shall be permanently
imprinted on said gasoline or diesel motor fuel dispensing unit, letter
in the same manner as the price information.
B.
Each pump which dispenses gasoline or diesel motor fuel for sale at retail shall display a sign in compliance with the requirements of Subsection A of this section (hereinafter referred to as the "sign"). The sign shall be composed of two units; one shall contain the total selling price and the other shall contain the price breakdown box.
A.
All deliveries of petroleum to purchasers thereof, in vehicle tanks
used as measures, shall be recorded by the seller, in terms of gallons
and grade of oil, upon forms known as "delivery tickets."
B.
Every delivery ticket used in the delivery of fuel oil shall consist
of an original and one or more duplicates, and after delivery the
gallonage delivered shall be recorded at least in duplicate. Such
delivery tickets shall be consecutively numbered and contain the following:
date of delivery, name of customer, delivery address, grade and quantity
of oil delivered, truck number and signature of driver.
C.
No deliveries shall be made in excess of the marker capacity of the
truck or compartment. Every driver of a vehicle tank used as a measure
shall have in his possession, and present to the officer upon request,
the calibration chart for the truck from which he is delivering fuel
oil, together with the loading tickets and delivery tickets for the
current day.
D.
All fuel oils with a temperature greater than 60° F. shall
be sold, offered for sale or delivered on a basis of a temperature
reading of 60° F. A tolerance of 25° F. will be
permitted for No. 4 and No. 6 oils. A tolerance of 10° F.
will be permitted for No. 2 oil.
E.
All deliveries of fuel oil to purchasers thereof, from vehicle tanks
equipped with meters, shall be recorded in terms of gallons and grades
of oil by means of the ticket-printing device upon forms known as
"printer tickets."
F.
Such printer tickets shall be consecutively numbered and shall contain
the following: date of delivery, name of the customer and the delivery
address, truck number, sales number, grade and quantity of the oil
delivered and the driver's signature. For those truck meters
not equipped to print a sales number, the driver must have the initial
totalizer readings recorded in ink or typed on his daily route sheet,
and the original totalizer numbers must be kept in the office, or
the printer shall print totalizer readings on the delivery ticket.
G.
Every driver or person in charge of a vehicle tank in which fuel
oil is being transported or from which it is being delivered shall,
before starting the delivery and at the point of delivery only, place
the printer tickets into the printer device for the purpose of recording
the quantity of fuel oil to be delivered and shall, upon termination
of each delivery, effect the completion of the printer ticket and
the removal thereof from the printer.
H.
One copy of the delivery ticket shall be left at the point of delivery.
I.
Vehicle tanks equipped with meters shall have no bypass or other
device or mechanism attached thereto by which any measured liquid
can be diverted from the measuring chamber of the meter or the discharge
line therefrom.
J.
Vehicle tanks equipped with meters shall be provided with a mechanical
air eliminator adjacent to the meter inlet and shall be so equipped
as to prevent air or an emulsion of air and oil from passing through
the meter and/or being delivered to the consumer. The vent from the
air eliminator shall terminate in the nearest compartment not more
than one inch below the top of the compartment. The vent shall be
of rigid material and shall be of the largest size that can be accommodated
in the fitting on the air-eliminator housing, as designed by the manufacturer.
No device shall be provided or used to shut off or otherwise obstruct
such vent.
K.
No person shall issue or direct the issuance of or have in his possession
delivery tickets showing different quantities of oil for the same
delivery or tickets with preprinted quantity representations for undelivered
oil.
L.
When fuel oil is purchased for resale or is sold, offered for sale
or delivered directly to the public by the dealer or owner of a fuel
oil bulk plant, the operator of the vehicle transporting or delivering
such oil shall retain in his possession during such transportation
or delivery and shall exhibit to a representative, upon request, a
ticket commonly known as a "loading ticket" which must be issued by
the seller or his agent and which shall indicate the grade of fuel
oil as well as the quantity. If the temperature of the oil is above
60° F., a volumetric correction to 60° F. must be
made. A tolerance of 25° F. will be permitted for No. 4 and
No. 6 oils. A tolerance of 10° F. will be permitted for No.
2 oil.
M.
Notwithstanding any other provision of this chapter to the contrary,
all fuel deliveries of gasoline to filling stations in the City of
Yonkers shall be made by metered trucks.
No person, firm or corporation shall sell or offer for sale
gasoline or other petroleum products for use in motor vehicles at
retail in any manner so as to deceive or tend to deceive the purchaser
as to the price, nature, quality or identity thereof, or sell or offer
for sale from any pump, dispensing device or container any gasoline
or other petroleum products manufactured or distributed by the manufacturer
or distributor marketing such gasoline or other petroleum products
under the name, trade name, brand symbol or mark affixed to or contained
on such pump, dispensing device or container, or substitute, mix or
adulterate gasoline or other petroleum products sold or offered for
sale under a name, trade name, brand, symbol or mark.
