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Home My WebLink About1980-03-04; City Council; 6189; Price Posting Requirements for Service StationsCITY OF CARLSBAD In,tial:' Dept . Hd. + AGENDA BILL NO. &I 9 , DATE : March 4, 1980 c. Atty.FM DEPARTMEET I City Manager C. Mgr. ' Subject : PRICE POSTING REQUIREMENTS FOR SERVICE STATIONS Statement of the Matter The attached letter has been received from service station operators requesting an opportunity to address the City Council at its March 4, 1980 meeting. Letters were sent to each of 16 gas stations on February 22, 1980, notifying them that the Police Department would enforce our ordinance beginning March 1. Officer Paul Childers will personally contact each station operator during the week of March 3 and give warnings to those' stations not in compliance. During the week of March 10 the Police Department will check stations and notify the City Manager of all stations which do not comply with regulations. will then work with City Attorney to conduct office hearings and determine when and how to prosecute. City Manager ~ Exhibit Letter from station operators dated February 26, 1980 Chapter 8.49 of the Municipal Code Memo from City Attorney to City Council dated August 27, 1979 Council Action: 3-4-80 Council directed staff to enforce the existing ordinance. February 26, 1980 Mr. Frank Aleshire City Manager City of Carlsbad City Hall, 1200 Elm AT Carlsbad, Ca. 92008 enue. Dear Mr. Aleshire: The below listed individuals seek to address the City Council at the next City Council meeting on Tuesday, March 4, 1980, to discuss the enforcement of City Ordinance Number 3114. Chawter 8.43 GASOLINE PljICE ADVERTISING i ' Sections: ,* 8.49.010 .. 8.49.020 8.49.030 8.49.040 Required price advertising. - Sale of gasoline by liters. Consistency with Business and Professions Code. Conformance with sign regulations. 8.49.010 Required price.'advertisinq. (a) Every per- . son, firm, partncrship, 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 pther motor vehicle fuel to the public from such a facility abutting or adjacent to a street or highway, shall post or cause to be posted or displayed and maintained at said premises at least one sign, banner or other advertising .medium which is clearly visible from all lanes of traffic in each direction on such street and highway. Each said sign, banner or other advertising medium shall be readable from said traffic lanes and shall indicate thereon the actual price per gallon or liter, in- cluding all taxes, 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. (b) No person, firm, partnership, association, trustee, or corporation which owns, operates, manages, leases or rents a'gasoline service station or other facility offering €or sale, selling or otherwise dispensing gasoline or other motor vehicle.fue1 to the public shall advertise, either in con- junction with any sign, banner or other advertising medium utilized to satisfy the requirements of this section or otherwise, the price of any-grade a€ gasoline or other motor vehicle fuel which is not immediately available to be sold or dispensed to the public at said premises. (Ord, 3114 S1 (part) , 1979) . 8.49.020 Sale of gasoline by liters. Each sign re- auired bv Section 8.49.010 shall advertise the mice of aas- 4 oline per liter only if such information is clearly desig- nated on said sign and only if gasoline or other motor vehicle fuel is actually being sold by the liter. (Ord. 3114 §l(part) , 1979). 8.43.030 Consistency with nusincss and Professions - -- Code. Each sign, bclnncr or other advcrtising medium postcd or displayed or maintained pursuant to the requiremcnts of this chapter shall not be inconsistent with the provisions of Artic1.c 8, of Clmptcr 7, of Divisjon 8, Sections 20880 -- et sc . of the California Business and Professions Code. -ma-? 3114 S1 (part) , 1979). 8.43.010 Conformance Each sign, -- banner or other advertising medium postocl, displayed or main- I tained pursuant to thc requircmcnts of thi-s chapter, shall be subject to the regulations imposed by Chapters 18.20 and this chapkcr shal.1 not be incl.uded in total sign area. ! ! 21.41 of this code, exccpf that the information requircd by I' 3114 §l(pzrt), 1979). (Ord. .#' MEMO RAND UM 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 pumgs. The gas lines have added to traffic congestion ana 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. €te&cicing the lines could also result in the savings of fuel and reduce the potential for breaches of the pn,ace that could arise froin 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 A I 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 siinilar 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 OrdFnance, I would suggest that L%e City Manager be instructed to takii? the steps necessary ts make a copy available to all of the retailers of gasolinz in Carlsbad. -_ 0 VFB/mla