Requirements for Signs Advertising Retail Motor Fuel; Advertising Free Gifts or Services; Enforcement; Penalty

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Sale of Petroleum Products, Brake Fluid, and Antifreeze
  6. Petroleum Products
  7. Requirements for Signs Advertising Retail Motor Fuel; Advertising Free Gifts or Services; Enforcement; Penalty

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  1. Any sign or placard or other means used to advertise the price of motor fuel for sale at retail for use in motor vehicles may contain a separate listing of the price and a separate listing of each tax thereon, but must contain a total of such price and taxes which shall be at least as large as the listing of the price or any tax thereon. Numbers used to advertise the total price of such motor fuel shall be of uniform size; and, where fractions are used, the numerator and denominator thereof combined shall be of the same size as any whole numbers used. It shall not be necessary that a denominator be used to indicate fractions; but, if one is not used, the numerator must be at least half the size of the whole number used. If the price of motor fuel is advertised on any sign, billboard, placard, or other advertising medium, it shall be unlawful to place a higher price on any pump dispensing such motor fuel or to charge a higher price for such motor fuel. Any person dispensing motor fuel shall not be precluded from giving a discount from the posted or advertised price if the purchaser of the motor fuel buys additional merchandise.
  2. It shall be unlawful for any person dispensing motor fuel to advertise upon the purchase of motor fuel either free:
    1. Gifts or other products unless such person has sufficient number of gifts or products on hand to supply the reasonably expectable demand or the advertisement discloses a limitation of quantity; or
    2. Car washes or other services unless such person is prepared, in the absence of causes beyond the reasonable control of the offerer, to perform such car washes or the services advertised at the time of the purchase at such person's place of business or at a place of business affiliated by trademark or agreement with such person. If the free car washes or other services advertised are to be performed at a place of business affiliated by trademark or agreement but in a separate location, such fact shall be so stated on the sign, billboard, placard, or other advertising medium used.
  3. Nothing in this Code section shall preclude posting on any pumps dispensing motor fuel a separate statement of taxes included in the total purchase price for the purpose of complying with Chapter 8 of Title 48.
  4. The state oil chemist and any and all law enforcement officers in the State of Georgia are charged with enforcement of this Code section.
  5. Any person, firm, association, or corporation violating this Code section shall be guilty of a misdemeanor.

(Ga. L. 1959, p. 135, §§ 1-3; Ga. L. 1960, p. 826, § 1; Ga. L. 1973, p. 790, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Signs indicating price is for "self-service" pumps.

- Commissioner of Agriculture may require retail gasoline sales establishments to include on signs or billboard advertisements a designation that the price for gasoline posted thereto is to apply to "self-service" pumps if there is a differentiation in price for the same gasoline sold from "self-service" pumps and "full-service" pumps. 1975 Op. Att'y Gen. No. 75-124.

Sign indicating that sales tax in addition to price shown on pump.

- A regulation requiring that a statement be posted on each pump dispensing motor fuel that the Georgia sales tax is in addition to the price shown on the pump would be reasonable, would be in furtherance of the enforcement of the former Georgia Retailers' and Consumers' Sales and Use Tax Act and would not be inconsistent with such Code sections or the laws or Constitution of the United States and the State of Georgia. 1967 Op. Att'y Gen. No. 67-139.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Garages, and Filling and Parking Stations, § 16.

C.J.S.

- 16D C.J.S., Constitutional Law, §§ 2241, 2269.

ALR.

- Validity and construction of statute or ordinance requiring or prohibiting posting or other publication of price of commodity or services, 89 A.L.R.2d 901; 80 A.L.R.3d 740.


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