City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
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. 
All bottles and measures used in measuring and selling petroleum products shall conform to the following specifications:
(1) 
All bottles must be legal type with line blown in the bottle denoting capacity of the bottle.
(2) 
Dented or damaged standard liquid measures are prohibited.
(3) 
Vendors shall not deliver liquid petroleum products in measures larger than necessary, i.e.:
(a) 
One quart of oil in a one-half-gallon measure.
(b) 
Three quarts of oil in a one-gallon measure.
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.