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If the Director has reason to believe that a person has violated this Code, he or she may order such person subject to this Code to immediately cease and desist from engaging in such violations or from engaging in unfair, deceptive, fraudulent or unconscionable conduct. If after the order is made, a written request for hearing is filed with the Director and no hearing is held within thirty days thereafter, the order is rescinded. Any determination or order made after a full hearing by the Director, and any order if no hearing is requested within thirty days shall become a lawfully made final order and thereafter subject to judicial review at law.
(Ord. 01-148. Passed 10-2-01.)
(a) In lieu of instituting or continuing an action pursuant to this Code, the Director may accept written assurance of discontinuance of any act or practice in violation of this Code from the person or persons who have engaged in such acts or practices. Such assurance may include stipulation for payment by the violator for the costs of investigation by the Director and may also include a stipulation for the restitution by the violator to the consumers of money, property or other things received from them in connection with a violation of this Code, including money necessarily expended in the course of making and pursuing a complaint to the Director. All settlements shall be made a matter of public record.
(b) Violation of an assurance entered into pursuant to this section shall be treated as a violation of this Code, and shall be subject to all the penalties provided therefor.
(Ord. 01-148. Passed 10-2-01.)
(a) Every person, firm, co-partnership, association or corporation engaged in the retail sale of gasoline to the general public shall post on the premises from which such gasoline is sold, the then current selling price per liter or gallon of gasoline for each type and grade thereof. If prices for each type and grade of gasoline differ within the same premises because of additional charges or discounts resulting from services available on the premises, self-help of the purchaser of the gasoline, bonuses or stamps available to consumers for reason of purchasing their gas on the premises or any other reason. These different prices and the reason for the difference shall be posted in the same manner.
(b) The price of the lowest grade of gasoline, generally unleaded regular, shall not exceed 20% of the average gasoline price for the lowest grade of gasoline as computed by the Cuyahoga County Auditor's Office.
(Ord. 01-148. Passed 10-2-01.)
Posting of prices, as used in Section 832.18 shall include the type and grade of each gasoline sold or offered for sale, at retail, on the premises together with the respective prices per gallon for each type and grade, such as "regular" $1.19 per gallon." Posting within the meaning of Section 832.18 shall be deemed accomplished within the meaning of this chapter where at least two signs are conspicuously placed on the premises where gasoline is sold, one of which shall be above each island of gasoline pumps or pump, as the case may be, or if such is not possible, then as near to the island or pumps as possible, and one sign secured to the window of the gasoline service station building, if one is on the premises. Signs shall be clear, visible and legible to motorists traveling the streets and roadways immediately adjacent to the gasoline station for a distance of at least 100 feet in both directions on such roadways and streets.
(Ord. 01-148. Passed 10-2-01.)
Failure to post prices as set forth in Sections 832.18 and 832.19 constitutes an unconscionable trade practice under the provisions of Section 832.05, otherwise subject to all of the legal remedies and penalties available to the Director of Consumer Affairs, who is authorized to enforce the provisions of this chapter.
(Ord. 01-148. Passed 10-2-01.)
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