[HISTORY: Adopted by the Council of the City of Mount Vernon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-1957 as Ch. 34 of the General Ordinances, approved 11-15-1957; amended in
its entirety 8-28-1974, approved 8-28-1974]
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 or motorboats any gasoline or diesel motor fuel
unless such seller shall post and keep continuously posted on the
individual pump or other dispensing device from which such gasoline
or diesel motor fuel is sold or offered for sale a sign or placard
12 inches in height and 12 inches in width stating clearly and legibly
the selling price per gallon of such gasoline, the federal and state
taxes, the local sales tax and the total selling price per gallon
of such gasoline or diesel motor fuel so sold or offered for sale
from such pump or other dispensing device. The name, trade name, brand,
mark or symbol and grade or quality classifications, if any, of such
gasoline or diesel motor fuel shall be permanently imprinted on said
gasoline or diesel motor fuel dispensing unit.
A.
Each pump which dispenses gasoline or diesel motor fuel for sale at retail shall display a sign in compliance with the requirements of § 142-1 of this article (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.
B.
The unit of the sign setting forth the total selling price shall
display the selling price per gallon, including all applicable taxes,
and shall be accompanied by the statement "includes all taxes." All
numbers used to display the total selling price shall be of uniform
size and shall be at least nine inches in height, at least 3 1/4
inches in width and a stroke width of at least one inch. The statement
"includes all taxes" shall be in letters of uniform size at least
1/2 inch in height and extending at least 5 1/2 inches.
C.
The unit of the sign setting forth the price breakdown box shall
be located in the lower right-hand corner of the sign and shall be
no less than six inches in height and four inches in width. The price
breakdown box shall include the basic price per gallon, the federal
and state taxes per gallon, the City of Mount Vernon sales tax per
gallon and the total selling price per gallon. All numbers used in
the price breakdown box shall be of uniform size and shall be at least
one inch in height with a stroke width of at least 3/16 of an inch.
D.
Where a tenth-of-a-cent number is used on the sign, that number must
be at least 1/2 the size of the number to which it relates.
E.
All letters used to explain the information in the price breakdown
box of the sign shall be at least 1/4 inch in height and 1/8 inch
in width.
F.
The sign shall be permanently fixed to the pump so that the information
may be easily read from the dispensing side of the pump.
G.
If service of gasoline or diesel motor fuel may be made from more
than one side of a pump or dispensing device, the sign shall be so
constructed as to be visible from each side from which dispensing
takes place or a sign shall be posted on each side that dispensing
takes place.
[Amended 10-26-1983, approved 10-27-1983]
No sign or placard stating the price or prices of gasoline or diesel motor fuel at retail for use in motor vehicles or motorboats other than such signs or placards as hereinabove provided shall be posted or maintained on the premises on which said gasoline or diesel motor fuel is sold or offered for sale; except that the vendor, if doing business on a one-way street, may place one sign, two feet two feet, containing the precise information required by §§ 142-1 and 142-2 within the vendor's premises; in the event that the vendor is doing business on a two-way street, two such signs may be placed within the vendor's premises.
It shall be unlawful for any person, firm or corporation to
sell or offer for sale gasoline or diesel motor fuel 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 to sell or offer
for sale from any pump or dispensing device any gasoline or diesel
motor fuel other than that gasoline or diesel motor fuel manufactured
or distributed by the manufacturer or distributor marketing such gasoline
or diesel motor fuel under the name, trade name, brand, symbol or
mark affixed to or contained on such pump or other dispensing device,
or to substitute, mix or adulterate gasoline or diesel motor fuel
sold or offered for sale under a name, trade name, brand, symbol or
mark.
The Sealer of Weights and Measures shall administer and enforce
this article and shall have the authority to issue summonses for violations
thereof.
