§ 396-X — Gasoline stations; air pumps required

New York § 396-X

• Jurisdiction: New York
• Law GBS: General Business
• Art. 26: Miscellaneous

Text

* § 396-x. Gasoline stations; air pumps required. 1. Definition. As\nused in this section: "dealer" shall mean any person owning or operating\na premise or facility with four or more gas dispensing nozzles for the\nretail sale of motor fuels for use in motor vehicles.\n 2. Any dealer must provide on the premises where motor fuel is sold at\nretail for use in motor vehicles a functioning motor driven air\ncompressor capable of inflating automobile tires for use by customers\nduring hours in which such station is open for business. Jurisdiction in\nall matters pertaining to this subdivision shall be vested exclusively\nin the state. Any provision of any local law or ordinance or any rule or\nregulation promulgated thereto governing tire inflation operation or\nequipment shall upon the effective date of the chapter of the laws of\ntwo thousand twenty that amended this subdivision be preempted. Nothing\nin this section shall be construed to restrict a municipality from\nenforcing the provisions of this subdivision as it relates to providing\nfunctioning tire inflation equipment as required by the commissioner of\nagriculture and markets.\n 3. Wilful failure to comply with the provisions of this section shall\nsubject a dealer to a civil penalty of up to twenty-five dollars for\neach day such failure occurs. If the failure to comply results from the\nbreakdown of the air compressor, the failure to repair within a\nreasonable time shall constitute wilful conduct.\n * NB There are 2 § 396-x's\n