§ 9-616.  Retail Sale of Motor Fuels. 881
   (1)   Definitions. In this Section the following definitions apply:
      (a)   Service station or other retail establishment. Any person, firm, or corporation engaged in the sale or offer for sale at retail, of motor fuel from approved dispensing devices.
      (b)   Motor fuels. Gasoline, gasohol diesel, or any other fuel developed and used as fuel for internal combustion engines.
      (c)   Dispensing device. An approved device designed for the measurement and delivery of liquids used as fuel for internal combustion engines.
   (2)   Signs. The owner or operator of a service station or other retail establishment shall post and keep posted on the individual dispensing device where retail motor fuel is sold or offered for sale, a sign or placard at least twelve (12) inches in height and at least twelve (12) inches in width, stating clearly and legibly in whole numerals and fraction of a cent numerals, the selling price per gallon of such retail motor fuel, or price per liter, whichever is applicable. When the price per liter is displayed, the price per gallon must also be indicated. Such selling price shall be clearly legible and visible to the operator of a vehicle approaching the station.
      (a)   Whole numerals shall be at least five (5) inches in height and three-quarter inch in thickness and the fraction of a cent numerals shall be at least one-half the height and thickness of the whole numerals.
      (b)   Where such dispensing device dispenses more than two different priced grades of motor fuel, only the highest and lowest selling prices per gallon (or liter, if being sold by the liter), of such motor fuel must be posted in conformance with all other provisions of this Section.
      (c)   Such sign shall also indicate that the federal, state, and local taxes are included in such selling prices per gallon or per liter, if being sold by the liter.
      (d)   Said sign shall also indicate, where applicable, whether the price is for "partial self-service" or "full- service" and must be consistent with the prices indicated on the dispensing device.
      (e)   All other price signs relating to motor fuel displayed on or about the premises shall conform with the following:
         (.1)   Where there is more than one grade of motor fuel or more than one price for the same grade of motor fuel, the sign or signs shall clearly indicate both prices for the same grade of gasoline and the type of service to which each price refers.
         (.2)   Said sign shall be clearly legible and visible and shall conform with the provisions of (2)(a), (2)(c), and (2)(d) of this Section.
   (3)   Prohibited Signs. No signs indicating the price for commodities other than retail motor fuel as required in this Section, may be posted on or about the retail motor fuel dispensing device. Nor may any signs on the premises be used in any manner so as to mislead a prospective purchaser.
   (4)   The owner or operator of the service station shall dispense motor fuel in conformity with the National Bureau of Standards's Handbook 44 titled "The Specifications and Tolerances for Weighing and Measuring Devices".
   (5)   Accessibility. 882 Service stations shall be subject to the provisions of (5)(a) through (5)(d) of this Section to provide service to persons with disabilities.
      (a)   No person shall convert an existing full-service or partial self-service station to a total self-service station unless the converted station is within a one mile (1.609 km) radius of a full-service or partial self-service station. For the purpose of this Section, 883 self-service shall mean the dispensing of motor fuels from fixed dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant.
      (b)   The attendant handling the full service equipment at a partial self-service station shall dispense gasoline from self-service pumps during hours in which full-service is being offered, upon the request of a disabled operator of a motor vehicle. Such disabled operator shall, upon request, produce evidence of disability, such as an official certificate of disability, handicapped license plate, placard or other acceptable evidence for review by the attendant dispensing the gasoline.
      (c)   Partial self-service stations shall operate at least one (1) full-service island for a minimum of 12 hours each day they remain open for 12 hours or more. Where partial self-service stations remain open for less than 12 hours on any given day, they shall maintain a full-service island in operation for the entire period they are open.
      (d)   Partial self-service stations shall prominently display a decal no smaller than 8 square inches on the self-service pumps clearly stating the requirements of subsections 9-616(5)(b) and (5)(c) and the penalties applicable thereto.
   (6)   Enforcement. 884 The provisions of this Section shall be enforced by the Department of Licenses and Inspections. Any person who violates subsection 9-616(3), relating to prohibitions applicable to signs where retail motor fuel is sold, shall have committed a Class III offense and be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code.



   Added, 1982 Ordinances, p. 61; amended by deleting subsection (6), 1990 Ordinances, p. 715.
   Added and former subsection (5) renumbered, Bill No. 906 (approved July 25, 1995), 1995 Ordinances, p. 1136.
   Enrolled bill contained no comma. Bill No. 906 (approved July 25, 1995), 1995 Ordinances, p. 1136.
   Amended, Bill No. 041079 (approved May 12, 2005); amended, Bill No. 090777-A (approved February 17, 2010).