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HomeMy WebLinkAbout1979-09-04; City Council; 5972-1; Ordinance Requiring Posting of Gas Prices-7 e I13 Initial: Dept . Hii C. Atty . ?Iia --iF Citv Attornev -- C. Mgr. DEPARTI~iEMT : - -- --- ORDINANCE REQUIRING THE POSTING OF GAS PRICES Statemefit of the Matter I_-- ---- .The City Council at your August 21, 1979 meeting, directed the City Attorney to prepare an ordinance requiring the posting of gasoline prices. The ordinance is attached. Also attached is a memorandum briefly discussing the applicable law. Exhibits Ordinance No. a//g . Memorandum. from City Attorney, dated August 27, 1979. 9. Recommendation If the City Council concurs, your action is to introduce Ordinance No. a// .s/ . Council Action: 9-4-79 Council introduced Ordinance No. 3114, amending the Municipal Code to regulate advertising by gasoline dispensing stations. 9-18-79 Council adopted Or-dinance*No. 3114. MEMORANDUM DATE : August 27, 1979 TO : Mayor and City Council FROM : City Attorney SUBJECT: ORDINANCE REQUIRING THE POSTING OF GASOLINE PRICES It is common knowledge that there have recently been certain shortages in gasoline. As a result, motorists have had to wait in line in the street for long periods of time before reaching the fuel pumps. The gas lines have added to traffic congestion and have created possible traffic hazards affecting the safety of both pedestrians and motorists alike. The Council has made the judgment that fuel prices need to be conspicuously posted so as to be clearly visible from the street to assure that motorists will not be mislead as to either the current price or current availability of gasoline. If that information is not posted, it is not available to the motorist until he reaches the pump or he may not wish to pay the price or may find a particular type of gasoline is unavailable. Making this information available in advance would help to reduce gas lines and, thereby, improve the traffic situation in the area. Reducing the lines could also result in the savings of fuel and reduce the potential for breaches of the peace that could arise from misunder- standings as to the price or availability of gasoline. If the Council is satisfied that this analysis applies to Carlsbad, it would form an adequate basis for the exercise of the police power and support adoption of the ordinance. The following statutes regulate the order of the gasoline segment of the petroleum industry: 1. Economic Stabilization Act of 1970. 2. Emergency Petroleum Allocation Act of 1973. 3. Federal Energy Administration Act of 1974. 4. Energy Policy and Conservation Act of 1975. 5. Department of Energy Organization Act of 1977. Each of these laws are supplemented by comprehensive sets of administrative regulations. The State of California also Mayor and City Council -2- August 27, 1979 has an extensive series of laws on the industry devoting entire Chapter 7 of the Business and Professions Code to that purpose. Article 5, Price Indications on Petroleum Dispensing Apparatuses (Section 20820 et seq.) and Article 8, Price Sign Advertising (Section 20880 et seq.) both deal with essentially the same subject matter as the proposed ordinance. The laws are quite detailed, dealing with matters such as the size and the color of price signs. The Council is aware that similar ordinances have been adopted by other cities. We contacted the City Attorney's office in Los Angeles. They were not aware of any problems with the ordinance. They also were not aware of any prosecutions. They recognized the existence of a preemption problem with the ordinance. The Council is aware that notwithstanding the fact that the matter may be a legitimate subject for municipal regulation, the City may be precluded from dealing with it if the state or federal government has already done so. While it is arguable, the possibility exists a gas price posting ordinance has been preempted by state and federal law. Assuming the Council decides to proceed with the ordinance, I would suggest that the City Manager be instructed to take the steps necessary to make a copy available to all of the retailers of gasoline in Carlsbad. VINCENT F. BIONDO, JR. City Attorney VFB/mla WRITE IT-DON’T SA I IT INTER-DEPARTMENT M~MORANDUM A- - 9 ? CY- / REPLY ON THIS SHEET FROM -_ W I CMEF 3FRVlCS LN4 STANDARD lNTER DEPT. MEMO. FORM 11-24 Arc0 10 Etm Ave. Service 1, alt's Arc0 Service 3 7654 El Camino Real Dietrich's Chevron Tamarack Ave. \ lsbad Union 76- ' Elm Ave. ck Mudgk Chevron 0 El Camino Real ns Service Center c - L ." Palomar Airport Road n Gallacher Union 76 ' 5 Tamarack Ave. Exxon. 5 Palomar Airport Road maan Exxon Tamarack Ave. ~(ER VICL S74-TIOU ELm Mz, hewon Station I .I 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: . (714) 729-1 181 This is to inform you that the Carlsbad City Council has de- termined it to be in the public interest to adopt Ordinance In essence, the Ordinance requires gasoline dispensing'sta- tions to post the gas prices and types of gasoline available in a location other than at the pumps. This sign should be cearly visible from all lanes of traffic. A copy of the Ordinance is enclosed for your convenience, and will be effective on October 19, 1979. - NO. 3114. I i PAUL D. BUSSEY, City Manager PDB: adn En c lo sur e I i .. Guidotti's Arc0 Service 710 Elm Ave. M 81 M Arc0 901 Palomar Airport Road Bob Dietrich's Chevron 1044 Elm Ave. Byron I s Texaco 945 Tamarack Ave. Camino Shell 2590 El Camino Real Carlsbad Union 76 880 Elm Ave. Chuck Mudge Chevron 2500 El Camino Real Deans Service Center 899 Palomar Airport Road Ron Gallacher Union 76 895 Tamarack Ave. Elm Texaco 1089 Elm Ave. Palomar Exxon Servicenter 665 Palomar Airport Road Simaan Exxon 810 Tamarack Ave. Lion Oil Company 920 Elm Ave. Sims Shell Service 1145 Elm Ave. Walt's Arc0 Service 7654 El Camino Real Jim Looper Chevron Station 970 Tamarack Ave. 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 QCitp of Carls’bab This is to inform you that the Carlsbad City Council has de- termined it to be in the public interest to adopt Ordinance No. 3114. In essence, the Ordinance requires gasoline dispensing sta- tions to post the gas prices and types of gasoline available in a location other than at the pumps. This sign should be cearly visible from all lanes of traffic. A copy of the Ordinance is enclosed for your convenience, and will be effective on October 19, 1979. PAUL D. BUSSEY, City Manager PDB : adm Enclosure c 3. 2 3 4 5 6 'E: e 9 10 21 19 20 21 22 23 24 25 26 27 28 AH ORDTZJAXCX OF TZE CITY CourJeIL OF THE CITY OP CRRLSEAD CALIFORKIA, AMENDING TITLE 8 OF 'PIiE CARLSBAD MUNICIPAL COD% BY TEE ADDTTION OF CIlAPTER 8-59 TO I%F:GULATE ADVERT I S I NG BY GTI S OL I NE DISPENSING STATIONS. The City Coiincil of the City of Carlsbau, California does hereby ordnin as follows: SECTION 1: That Ti.tle 8 of the Carlsbad Phmicipal Code is arnentkd by the addition of Chapter 8.49 to read as folipws: "Chapter 8.4 9 GASOLINE PRICE ADVERTISING - ------ -- b Scckions F. 8.49.010 Requi.red price advertisir-g. 8.49.020 Szlc of Gasoline by LiteLs. 8.49.030 Ccnsls kcncy with Business and Professions E:. 43.040 ConCormance Kith sign regulations. Code. 8.49.010 Iiequired ---I--- price advertising. (a> Every person, firm, partnership, association or corporation which owns, operates, manages, leases or rents a gasoline service station or other facility offering for sale, selling or otherwise dispensing gasoline or other motor vehicle fuel to the public: from such Q facility abutting or adjacent to a street or highway shall post or cause to be posted or display& and maintained at said premises at least one sign, banncx or other advertising medium which is clearly visible from all lanes of traffic in each directizln on such street and hiqhway. Each said sign, banr.cr or other advertising medium shall bc rzadnble from said traffic lalies and shall indicate thereon the actus1 price per gallon or liter, including all -ta.xes, at which each grade of gasoline or other motor vehicle fuel is currently being offered for sale, sold or otherwise dispensed, if at all, at said facility on said date. or corporation which OWJIS, operates, manages I leases or 'rents a gasoline service station or other facility offering for sale, selling or othexwise dispensing gasoline or other motor vehicle fuel to .the publ.ic shall advertise, either in conjunction with any sign, banner or other advertising medium utilized to satisfy thc requirements of this section or otherwise, the price of any grade oY gasoline or other motor vehicle fuel which i.s not irrmediately available to be sold or dispensed to the public at said premises. (b) No person, firm, partnership,' association, trustee, 5 E 1C 13 3.2 a d 19 .2 c 27. 22 23 24 25 26 27 2% solhe by liters. Each sj-gn require.”, 93 ._^-l__l_-_-.--- 8.49.020 Sale oi by seizion 8.49.010 shall aiiP-etrtise the price of gasoline per liter only if sucii informmtio:1 is clearly designated on zzi2 sign 2nd only if sasoline or other motor vehicle Cue1 is actually 5eing sold hy the liter. -- ** 8.43.030 Consistency with Business and Professions ---.--- Code. --_._- --.. - Each sipf banner or other ad.vertri.siny mediurn posted or displayed or m3ir?tai ried pursv.z.nt to the requirements of this chapkey shall not be irxonsistent with the r>rovisj.ons of Article 8, of Chapter 7, of Division 8, Sections 20380 et seq. of the California Busi-ness and Frofessions Code. 8.49.040 --- Conformance with sign regulations, ---~ Each sign, banner or other advertising medim posted, displayed or maintained pcrsuwt to the requirements of this chapter , shall he subject to the regulations .imposed by Chapters 18,20 and 21,121 of this code, except that the information required by this chapter shall not be included in total sign area.” EFFECTIV‘E DATE: This ordinance shall be effective t.hir-ty dsrys after its adoption, and the City Clerk shall certif17 to the adoption of t.his ordinance and cause it to be pu?>lished at least cnce ir, the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Zarlsha City Council held on the 4th day of SeptE;ahar 1979 and therez.Etex PASS-ZD AND ADOPTED at a regular meeting of said City Council held on thelfl_thday d 1979 by the following vote, to wit: .. AYES: Councilmen Skotnicki, Anear, Lewis and NOES: None ABSENT: Councilman Packard g& @& Councilwoman Caslcr Tf,, (,@t%ARD , Mayor RONALD C. ANTHONY J. SKOTNICKI, Vice-Mayor - ATTEST : (SEAL) -2- -- a 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Manager TELEPHONE: (714) 729-1 181 ditp of darlsbsb 'Gentlemen: On September 20, 1979 you received a letter and a copy of the City of Carlsbad ordinance requiring the posting of types and prices of gasoline in a location other than at the pumps. The sign should be clearly visible fron all traffic lanes. This letter is a follow-up request for compliance with this ordinance. A reasonable length of time is certainly in order for the installation of the signs prior to any enforcement of the ordinance. If you did not receive the initial letter and copy of the ordinance, please call the City Clerk's office and a copy will be mailed to you. Very truly yours, J. WAYNE DERNETZ City Manager JWD/WCB:gb cc: City Clerk / i /1,. Lp uidotti's Arc0 Service V' 710 Elm Ave. 901 Palomar Airport Roadd ob Dietrich's Chevron 4 /lo44 Elm Ave. yron's Texaco J xi, Tamarack Ave. . Service LklL /17'45 Elm Ave. V' \ amino Shell Y .2590 El Camino Real grlsbad Union. 76-d [8%0 Elm Ave. uck Mudge ChevronJ . 00 El Camino Real i 'deans Service Center J Palopar Airport Road GalJacher Union 76 Tamarack Aye, ,)(Elm Texaco J /TO89 Elm Ave. /Walt's Arco Service /7654 El Camino Real 665 Palomar Airport Road imaan Exxon v 810 Tamarack Ave. v k 1216c-f L- rg(y v c < 7 76 -j- 13 (d 5 320 I_&m 4YE, iin Looper Chevron Station J 970 Tamarack Ave. ..