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§ 6-42 Sales of Petroleum Products Penalty Schedule.
   All citations are to Title 20 of the Administrative Code of the City of New York; Title 6 of the Rules of the City of New York; Title 1 of the New York Code, Rules, and Regulations, or Article 16 of the New York State Agriculture and Markets Law.
   Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.
   Unless otherwise specified by law, a second, third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s).
 
Citation
Violation Description
First Violation
First Default
Second Violation
Second Default
Third and Subsequent Violation
Third and Subsequent Default
Admin Code
§ 20-672
Failure to comply with petroleum sign, placard, or other display requirements
$500
$875
$1,000
$4,000
$5,000
$15,000
Admin Code
§ 20-672.1
Failure to comply with sales recordkeeping requirements
$500
$875
$1,000
$4,000
$5,000
$15,000
Admin Code
§ 20-673
Engaging in fraudulent practices
$7,500
$10,000
$9,000
$10,000
$15,000
$15,000
Admin Code
§ 20-673.1
Improper sale of unleaded gasoline
$1,000
$4,000
$2,500
$10,000
$10,000
$10,000
Admin Code
§ 20-673.2
Improper certification, display, or representation of octane
$500
$875
$1,000
$4,000
$5,000
$10,000
Admin Code
§ 20-673.3
Failure to maintain required records
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 3-91
Use of improper delivery ticket
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-92
Improper delivery in excess of marker capacity
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-93
Improper oil temperature for sale, offer, or delivery
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-94
Use of improper printer tickets
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-95
Improper contents of printer ticket
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-96
Improper handling of printer ticket during delivery
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-97
Failure to leave delivery ticket
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-98
Improper measured liquid diversion device or mechanism
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-99
Use of improper air eliminator
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-100
Improper representation of oil quantities on delivery tickets
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-102
Failure to submit truck for inspection
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-103
Failure to retain or produce copies of printer tickets
$75
$100
$90
$100
$100
$100
6 RCNY
§ 4-51
Improper testing or approval of pumps
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-52
Improper priming of pumps
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-53
No official seals on pumps
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-54
Missing or broken security seal on pump
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-55
No "out of order" sign on pumps
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-56
Improper interlock or signage at dispensing devices
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-57
Improper use of bottles and measures
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-58
Improper use of grease measuring devices
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-59
Failure to retain certificate(s) of inspection
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-60
Failure to comply with yard and delivery ticket requirements
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-61
Failure to comply with return and inspection of ticket requirements
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-62
Failure to comply with selector valve requirements
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-63
Failure to comply with signage requirements
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-64
Failure to comply with fill and stick lines - general requirements
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-65
Failure to comply with fill and stick lines - major oil company requirements
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-66
Failure to comply with color sample requirements
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-67
Failure to comply with gauge requirements
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-68
Improper sale of a petroleum product other than gasoline or diesel motor fuel
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-69
Failure to comply with requirements regarding water in gas storage tanks
$500
$875
$1,000
$4,000
$5,000
$15,000
6 RCNY
§ 4-70
Improper octane ratings
$500
$875
$1,000
$4,000
$5,000
$10,000
6 RCNY
§ 4-71
Improper octane labeling
$500
$875
$1,000
$4,000
$5,000
$10,000
6 RCNY
§ 5-51
Failure to comply with regulations pertaining to retail sale of gasoline
$260
$350
$315
$350
$350
$350
NY Agri & Mkts
§ 181
Improper interference with the powers and duties of municipal directors
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 182
Improper notification or use of weighing and measuring devices
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 183
Improper removal, obliteration, or defacing of official or security seal
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 184
Failure to comply with the requirements pertaining to the condemnation, seizure, or repair of false devices
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 185
Failure to comply with stop-use, stop-removal, or removal order
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 186
Improper possession or use of false device
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 189
Failure to comply with the requirements pertaining to the method of sale of commodities
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 192
Failure to comply with the requirements pertaining to the sale or delivery of petroleum products
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 192(5)
Failure to comply with the signage requirements for selling or offering to sell motor fuel for use in internal combustion engines
$75
$100
$450
$500
$500
$500
NY Agri & Mkts
§ 192(6)
Failure to provide functioning motor driven air compressors
$25 per day
$25 per day
$25 per day
$25 per day
$25 per day
$25 per day
NY Agri & Mkts
§ 192-a
Failure to comply with fuel octane labeling requirements
$500
$875
$1,000
$4,000
$5,000
$10,000
NY Agri & Mkts
§ 192-b
Failure to comply with fuel lead content labeling and requirements
$500
$875
$1,000
$4,000
$5,000
$10,000
NY Agri & Mkts
§ 192-c
Failure to comply with motor fuel standards and labeling; cetane rating of diesel fuel; alcohol content
$500
$875
$1,000
$4,000
$5,000
$10,000
NY Agri & Mkts
§ 192-c(4)(c)
Failure to maintain the required records
$200
$200
$400
$400
$400
$400
NY Agri & Mkts
§ 192-e
Failure to comply with the regulations pertaining to the sale or delivery of liquefied petroleum gas
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 193
Improper packaging or labeling of containers
$450
$600
$900
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 194
Improper use of false labels
$450
$600
$900
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 195
Failure to comply with the duties of weigh masters
$450
$600
$900
$1,200
$1,200
$1,200
1 NYCRR
§ 220.1
Used a prohibited false or unapproved device
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 220.2
Improper use of inaccurate or defective petroleum devices
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 220.5
Failure to submit device for inspection
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 220.11
Improper retail scales
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 224.3
Failure to comply with gasoline-alcohol, octane, diesel, or kerosene requirements
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.4
Failure to comply with delivery requirements
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.5
Failure to comply with delivery recordkeeping requirements
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.6
Improper or inaccurate retail measuring device
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.7
Failure to maintain required records
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.7(c)
Failure to remove the water from storage tank(s) as required
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.8
Improper retail sale of gasoline-alcohol blends
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.9
Failure to comply with octane requirements
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.10
Failure to properly post cetane ratings
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.11
Improper octane or cetane labeling
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.12
Failure to post unleaded gasoline sign
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.13
Failure to identify grade or post required kerosene signage
$500
$875
$1,000
$4,000
$5,000
$10,000
1 NYCRR
§ 224.14
Failure to properly mark fill ports
$500
$875
$1,000
$4,000
$5,000
$10,000
 
(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 9/24/2019, eff. 10/24/2019)