§ 599-6. Fines; suspension and revocation of registration; condemnation of dispensing devices or equipment., Chapter 599. Motor Fuel Facilities, Part II. Regulatory Local Laws, Code of Ordinances, Suffolk County

The Director shall have the power to impose a fine upon a registrant not to exceed $2,000 for a violation or to suspend or revoke a registration or registrations or to deny an application for the renewal of a registration or registrations for any one or more of the following causes:

[Amended 12-17-2002 by L.L. No. 1-2003; 12-20-2005 by L.L. No. 3-2006]

(1)

Fraud, deceit, misrepresentation or bribery in securing a registration.

(2)

The making of any false statement in an application for a registration.

(3)

Violation of any provision of this chapter or any rule or regulation promulgated hereunder, provided such violation resulted from an action or conduct arising out of the activity for which the registrant is registered.

(4)

Violation of any section of Chapter 387, Consumer Protection, or Chapter 494, Gasoline Sales, of the Suffolk County Code, provided such violation resulted from an action or conduct arising out of the activity for which the registrant is registered.

(5)

Violation of any section of Article 16 of the New York State Agriculture and Markets Law or any rule or regulation promulgated thereunder, provided such violation resulted from an action or conduct arising out of the activity for which the registrant is registered.

(6)

Willfully or knowingly having in the custody, possession or control of the motor fuel retailer any motor fuel on which:

(a)

The taxes imposed pursuant to Article 12-A of the New York Tax Law have not been assumed or paid by a motor fuel distributor registered as such under Chapter 494 of the Suffolk County Code; or

(b)

The taxes imposed pursuant to Article 12-A of the New York Tax Law have not been included in the cost to the motor fuel retailer of such fuel where such taxes were required by law to have been passed through to the motor fuel retailer and included in the cost to the motor fuel retailer of such fuel.

No registration shall be suspended or revoked and no civil fine shall be imposed until after a hearing has been held before the Director upon at least seven business days' notice to the registrant. Such notice shall be served either personally or by certified mail, return receipt requested, to the last known address of the registrant and shall state the date and place of the hearing as well as enumerate the grounds constituting the allegations against such registrant. The registrant may be represented by counsel and may produce witnesses in his own behalf. A record of the hearing shall be taken and preserved. For purposes of such hearing, the Director may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records or other documents deemed pertinent to the subject of the hearing.

Condemnation orders.

(1)

The Director of Weights and Measures shall have the authority to condemn any motor fuel dispensing devices or associated equipment in use at a motor fuel facility when:

(a)

Notice has been served by the Director or an agent of the Director either personally or by certified mail to a motor fuel retailer that a motor fuel facility operated by that retailer has been found to be offering for sale or selling motor fuels in Suffolk County without the certificate of registration for such facility required by this chapter.

(b)

Thirty calendar days have elapsed from the time of the serving of such notice.

(c)

The motor fuel retailer has not yet submitted an application for the required certificate of registration.

(2)

Upon the condemnation of any motor fuel dispensing devices or associated equipment, the devices may be locked or seized and ordered removed by the Director. In the case of a seizure, such devices or equipment may be disposed of only as directed by the Director or an authorized agent.

(3)

No person shall use or attempt to use any device or equipment to which there has been affixed or upon which there has been placed any condemnation tag or lock unless such tag or lock has been removed by a Weights and Measures official.

(4)

No person, except a Weights and Measures official, shall remove any such condemnation tag or lock or obliterate, cover, obstruct or deface the same or cause any of the foregoing.

(5)

In the case of a condemnation order issued by the Director as the result of a failure to register a motor fuel facility, the Director is authorized to restore to service all condemned dispensing devices upon the issuance of a certificate of registration to that motor fuel facility. This restoration shall take effect no later than 5:00 p.m. of the business day following the date of issuance of the certificate of registration.