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a. For purposes of this section, the following terms shall have the following meanings:
1. "Gasoline" shall mean gasoline of a type distributed for use as a fuel in any motor vehicle.
2. "Distributor" shall mean any person who receives gasoline and distributes such gasoline to another person other than the ultimate purchaser.
3. "Retailer" shall mean any person who markets gasoline to the general public for ultimate consumption.
4. "Knock" shall mean the combustion of a fuel spontaneously in localized areas of a cylinder of a spark-ignition engine, instead of the combustion of such fuel progressing from the spark.
5. "Octane rating" shall mean the rating of the anti-knock characteristics of a grade or type of gasoline as determined by dividing by two the sum of the research octane number plus the motor octane number, unless another procedure is prescribed under paragraph three of 15 U.S.C. § 2823(c), in which case such term shall mean the rating of such characteristics as determined under the procedure so prescribed.
6. "Refiner" shall mean any person engaged in the refining of crude oil to produce gasoline or the importation of gasoline.
7. "Research octane number" and "motor octane number" shall have the meaning given such terms in the specifications of the American Society for Testing and Materials (ASTM) entitled "Standard Specifications for Automotive Gasoline" designated D 439 and, with respect to any grade or type of gasoline, are determined in accordance with test methods set forth in ASTM standard test methods designated D 2699 and D 2700, or such other meaning given such terms in any regulations promulgated by the federal trade commission pursuant to 15 U.S.C. § 2823.
8. "Ultimate purchaser" shall mean, with respect to any item, the first person who purchases such item for purposes other than resale.
b. Each refiner who distributes gasoline shall:
(1) determine the octane rating of any such gasoline; and
(2) if such refiner distributes such gasoline to any person other than the ultimate purchaser, certify, consistent with the determination made under paragraph one of this subdivision, the octane rating of such gasoline.
c. Each distributor who receives gasoline, the octane rating of which is certified to the distributor under this section, and distributes such gasoline to another person other than the ultimate purchaser shall certify to such other person the octane rating of such gasoline consistent with:
(1) the octane rating of such gasoline certified to such distributor; or
(2) if such distributor elects, in accordance with the regulations of the federal trade commission, the octane rating of such gasoline determined by such distributor.
d. Each retailer shall display at the point of sale to ultimate purchasers of gasoline, the octane rating of such gasoline, in accordance with the posting requirements and label specifications to be prescribed by the commissioner by regulation. Such octane rating shall be consistent with:
(1) the octane rating of such gasoline certified to such retailer under paragraph two of subdivision b of this section or under subdivision c of this section;
(2) if such retailer elects, in accordance with the regulations of the federal trade commission, the octane rating of such gasoline determined by such retailer for such gasoline; or
(3) if such retailer is a refiner, the octane rating of such gasoline determined under paragraph one of subdivision b of this section.
e. No person who distributes gasoline may make any representation respecting the anti-knock characteristics of such gasoline unless such representation fairly discloses the octane rating of such gasoline consistent with such gasoline's octane rating as certified to, or determined by, such person under the foregoing subdivisions of this section.
f. For purposes of this section, the octane rating of any gasoline shall be considered to be certified, displayed or represented by any person consistent with the rating certified to, or determined by, such person:
(1) in the case of gasoline which consists of a blend of two or more quantities of gasoline of differing octane ratings, only if the rating certified, displayed or represented by such person is the average of the octane ratings of such quantities, weighted by volume; or
(2) in the case of gasoline which does not consist of such a blend, only if the octane rating such person certifies, displays or represents is the same as the octane rating of such gasoline certified to, or determined by, such person.
a. The commissioner or the commissioner's designee, upon presentation of appropriate credentials, shall be authorized to enter upon or through the business premises of any person who sells or offers for sale gasoline or other petroleum products for use in motor vehicles or motor boats or any place where such gasoline or petroleum products is stored, for the purposes of making inspections, taking samples and conducting tests to determine compliance with the provisions of this subchapter or any rules or regulation promulgated hereunder.
b. Whenever the commissioner has reason to believe that a violation of this subchapter or any rule or regulation has occurred, he or she shall be authorized to make such investigation as he or she shall deem necessary, and to the extent necessary for this purpose, he or she may examine any person and may compel the production of all relevant records.
c. Any person subject to the provisions of this subchapter shall maintain such written records as the commissioner may prescribe by regulation.
a. (1) Any person who violates the provisions of this subchapter or any rules or regulations promulgated thereunder, other than sections 20-673.1 and 20-673.2 and any rules or regulations promulgated thereunder, shall be guilty of a misdemeanor punishable by a fine of not less than five hundred dollars nor more than ten thousand dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment.
(2) Any person who violates the provisions of this subchapter or any rules or regulations promulgated thereunder, other than sections 20-673.1 and 20-673.2 and any rules or regulations promulgated thereunder, who has been found guilty of a violation of any such sections or such rules or regulations two times within the preceding twenty-four month period shall be guilty of a misdemeanor punishable by a fine of not less than one thousand dollars nor more than fifteen thousand dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment.
(3) In addition to the penalties prescribed by paragraph one of subdivision a of this section, any person who violates the provisions of this subchapter or any rules or regulations promulgated thereunder, other than sections 20-673.1 and 20-673.2 and any rules or regulations promulgated thereunder, shall be liable for a civil penalty of not less than five hundred dollars nor more than ten thousand dollars; except that a person shall be subject to a civil penalty of zero dollars for a first violation of section 20-672 of this subchapter or any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of section 20-672 of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
(4) In addition to the penalties prescribed by paragraph two of subdivision a of this section, any person who violates the provisions of this subchapter or any rules or regulations promulgated thereunder, other than sections 20-673.1 and 20-673.2 and any rules or regulations promulgated thereunder, who has been found guilty of a violation of any such sections or such rules or regulations two times within the preceding twenty-four month period shall be liable for a civil penalty of not less than one thousand dollars nor more than fifteen thousand dollars.
b. Any person who violates the provisions of section 20-673.1 of this subchapter or any rules or regulations promulgated thereunder shall be liable for a civil penalty of not less than five hundred dollars nor more than ten thousand dollars.
c. (1) If, after providing due notice and an opportunity to be heard, the commissioner finds that a person has violated any of the provisions of section 20-673.2 of this subchapter or any rule or regulation promulgated thereunder, he or she shall be authorized to issue and serve upon such person an order requiring such person to cease and desist from engaging in the prohibited activity. Such order shall become final (i) upon the expiration of the time allowed for filing any administrative appeal which may be available and for commencing a proceeding pursuant to article seventy-eight of the civil practice law and rules or (ii) upon the exhaustion of all appeals arising out of the proceedings described in item (i) of this paragraph. Any person who violates an order of the commissioner issued hereunder after it has become final shall be liable for a civil penalty of not less than five hundred dollars nor more than ten thousand dollars for each violation.
(2) Any person who violates the provisions of section 20-673.2 of this subchapter or any rules or regulations promulgated thereunder with actual knowledge or knowledge fairly implied on the basis of objective circumstances that the act or practice underlying the violation is unfair or deceptive shall be liable for a civil penalty of not less than five hundred dollars nor more than ten thousand dollars; provided, however, that in order for any retailer to be held liable under this paragraph for violating any of the provisions of subdivisions d or e of such section 20-673.2, such retailer shall be shown to have had actual knowledge that the act or practice underlying the violation is unfair or deceptive. In determining the amount of any civil penalty imposed under this paragraph, the following shall be considered: the degree of culpability; any history of prior such conduct; ability to pay; effect on ability to continue to do business; and such other matters as justice may require.
d. In the case of a violation through continuing failure to comply with any of the provisions of this subchapter, any rules or regulations promulgated thereunder, or any order of the commissioner issued pursuant to subdivision c of this section, each day of the continuance of such failure shall be treated as a separate violation.
e. The civil penalties prescribed by the provisions of this section may be imposed by the commissioner after due notice and an opportunity to be heard have been provided or may be recovered in a civil action in the name of the city, commenced in a court of competent jurisdiction. In any civil action commenced to recover civil penalties for violation of a final order of the commissioner issued pursuant to subdivision c of this section, the supreme court of New York is empowered to grant such injunctive or equitable relief as the court deems appropriate in the enforcement of such final order.
f. Notwithstanding the foregoing, the commissioner shall cause to be published in the City Record once each month the name and business location of any person, firm or corporation that has been found to have violated any provision of sections 20-673.1 or 20-673.2 during the month immediately preceding.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
The commissioner shall have the authority to promulgate such rules and regulations as the commissioner shall deem necessary to effectuate the purpose of this subchapter, including but not limited to the size, the composition, the type size to be used for lettering, and the placement of signs which are provided for in section 20-672 of this subchapter.
Subchapter 6: Sale of Meats [Repealed]
(Repealed L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
(Repealed L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
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