SECTIONS 13530-13540 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 13530-13540

13530. (a) Nothing in this article applies to price indicators and
signs referred to in Article 8 (commencing with Section 13470).
However, any numerals designating the price per gallon or liter for a
particular brand and grade of motor fuel permitted or required under
Article 8 (commencing with Section 13470) shall, unless otherwise
stated, be identical in numerical value with the price per gallon or
liter for the same brand and grade of motor fuel permitted or
required under this article.
(b) Nothing in this chapter requires that the cash or merchandise
value of trading stamps be stated on any advertising media which
either advertises the stamps or advertises the price of motor fuel.
(c) Unless otherwise prohibited, any person selling motor fuel by
the liter shall be authorized to advertise its price by displaying on
the advertising medium either the price per liter or the price per
gallon.

13531. (a) Every person offering for sale or selling any motor
vehicle fuel to the public from any place of business shall display
on the premises an advertising medium which complies with the
requirements of this article and which advertises the prices of the
three major grades of motor vehicle fuel offered for sale. The
advertising medium shall be clearly visible from the street or
highway adjacent to the premises. When the place of business is
situated at an intersection, the advertising medium shall be clearly
visible from each street of the intersection. For the purposes of
this subdivision, motor vehicle fuel does not include propane.
(b) The governing body of any city, county, or city and county
may, by ordinance, exempt specified geographic areas from the
provisions of this section if, pursuant to Article 5 (commencing with
Section 65300) of Chapter 3 of Title 7 of the Government Code, the
areas are designated on the local general plan as scenic corridors or
historic preservation areas.
(c) (1) Except as provided in paragraph (2), any person who
violates the provisions of subdivision (a) is guilty of an infraction
and, upon conviction, is punishable by a fine not to exceed five
hundred dollars ($500).
(2) Any person who violates the provisions of subdivision (a) and
who has been previously convicted two or more times of a violation of
subdivision (a) is guilty of a misdemeanor and, upon conviction, is
punishable by imprisonment in the county jail not exceeding six
months, by a fine not exceeding one thousand dollars ($1,000), or by
both.
(d) Notwithstanding Section 13590, the district attorney of each
county, or pursuant to Section 41803.5 of the Government Code, the
city attorney of any general law city or chartered city within each
county, or the county sealer, shall, upon complaint or upon his or
her own motion, enforce the provisions of this section and, in
addition, may bring an action for injunctive relief in accordance
with Section 13611.

13532. (a) It is unlawful for any person to display any advertising
medium which indicates the price of motor fuel unless the
advertising medium displays all of the following:
(1) The price per gallon or liter, including all taxes, in
numerals, and fractions when applicable, not less than six inches in
height and of uniform size and color. For the purpose of this
article, fractions are considered one numeral.
(2) The trademark or brand of the motor fuel in letters, figures,
or numerals not less than one-third the size of the numerals
designating the price.
(3) The word "gasoline" or the name of other motor fuel in letters
not less than one-third the size of the numerals designating the
price, but these words need not be more than four inches in height.
(4) The grade designation of the motor fuel in letters or numerals
not less than one-sixth the size of the numerals designating the
price, but this designation need not be more than four inches in
height.
(5) If motor fuel prices are advertised by the liter, the word
"liter" shall be displayed on the advertising medium in letters not
less than one-third the size of the numerals designating the price.
(b)(1) It is unlawful for any person to display an advertising
medium which advertises a discount or price reduction for motor fuel,
unless the advertising medium contains all the following:
(A) The price per gallon or liter from which the discount or price
reduction is to be taken.
(B) The amount of the discount or price reduction in cents per
gallon or liter using numerals which do not exceed the height of the
numerals in the advertised price.
(C) The conditions of the discount or price reduction using words
whose letters are not less than one-third the size of the price
numerals.
(2) Any limitations under which the discount or price reduction is
offered shall be explained in words whose letters are not less than
one-third the size of the numerals indicating the prices.
(3) There shall be available for each customer's reference, a
chart showing the amount of discount for each type unit being sold
(gallon/liter) or fraction thereof in one cent ($0.01) increments, or
the retail dispensers used to dispense fuel at the discount price
shall be set to compute the total sale at the discounted price per
gallon or liter and shall be clearly labeled "Includes Cash Discount"
in letters not less than one inch in height.
(4) For purposes of this subdivision, the motor fuel shall be sold
in the same unit of measure (e.g., gallons or liters) in which the
discount and the price from which the discount is taken are
advertised.
(c) In the event that the same grade of motor fuel is sold at
different prices from any single place of business, it is unlawful
for any person to display any advertising medium which advertises a
price of a grade of motor fuel unless the advertising medium
advertises in numerals of equal size each of the higher prices,
including all taxes for which the grade is sold or offered for sale,
and unless the advertising medium explains the conditions, and any
limitations, under which that grade is sold or offered for sale at
different prices. The words of explanation shall be clearly shown in
letters at least one-third the size of the numerals indicating the
prices. The different prices at which the same grade of motor fuel is
sold or offered for sale shall be advertised in the same unit of
measure (either price per gallon or price per liter) as permitted or
required by law.
(d) Nothing in this section prohibits any person who has posted or
displayed a sign or advertising medium in compliance with this
chapter from displaying additional signs or advertising media which
state either (1) the amount of discount in cents per gallon or liter,
or (2) the price of one or more brands or grades of motor fuel sold
or offered for sale, provided the conditions and any limitations of
the discount or price of the brand or grade of motor fuel are
included in the additional advertising media in letters not less than
one-third the size of the numerals indicating the discount or price.

13533. It shall be unlawful for any person to display on or near
the premises of any place of business in this state any advertising
medium which advertises the price of motor oil offered for sale
without conspicuously showing on the same advertising medium the
brand of the motor oil and the name of the product. The letters,
figures and numerals used to designate the brand and the name of the
product shall not be less than one-half the size of the numerals
designating the price.

13534. (a) Except as provided by subdivision (b), and subdivisions
(b), (c), and (d) of Section 13532, it is unlawful for any person to
place any additional advertising matter on any advertising medium
referred to in this article except:
(1) A description of the products offered for sale in letters or
numerals not larger than the price numerals.
(2) Methods of sale, such as self-serve or full-serve, in letters
not less than one-third the size of the price numerals.
(3) Words describing the type of services offered at the place of
business, such as food market, carwash, tune up, and the registered
trademark or trade name of the service, but not the price of the
service.
(b) Subdivision (a) does not apply to electronic changeable
message centers when the advertising content includes both the
product offered for sale and its price in a single advertising
message, or when the product and price components of the advertising
message clearly relate to one another and the price neither starts
nor ends the message.

13535. If any motor fuel or motor oil is advertised for sale, but
not under any brand designation, the words "no brand" shall be used
on the advertising medium as a brand designation.

13536. All letters, words, figures, or numerals which are part of
the advertising media referred to in this article shall have a heavy
type face or stroke, shall be clearly visible, and of a color or tint
that will contrast the letters, words, figures, or numerals with the
background of the advertising media. The height of the letters,
figures, and numerals, except the letter "l" and numeral one, shall
not be more than twice the width.

13540. Nothing in this article shall be construed to prohibit the
governing body of any city, county, or city and county from enacting
ordinances, including, but not limited to, land use and zoning
ordinances, which impose restrictions on the advertising medium
referred to in this article, so long as any provisions of the
ordinances dealing with matters specifically covered in this article
are identical to this article.