(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:
[571]
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,
[572] 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: The provisions of
this section shall be enforced by the Department of Licenses and Inspections,
Bureau of Weights and Measures.