(b) Any person whose registration under article twelve-A of this chapter applies only to the importation, sale and distribution of Diesel motor fuel for use other than on a public highway as described in subparagraph (i) of paragraph (b) of subdivision three of section two hundred eighty-two-a of this chapter who delivers non-highway Diesel motor fuel at a filling station or into a repository equipped with a hose or other apparatus by which non-highway Diesel motor fuel can be dispensed into the fuel tank of a motor vehicle, other than such a repository which is located on the premises of such registrant where the Diesel motor fuel delivered therein is used exclusively for the purpose of fueling motor vehicles operated by registrant for the purpose of distributing Diesel motor fuel for the purposes described in such subparagraph (i), shall be guilty of a misdemeanor. If, within any ninety day period, any such person whose registration under article twelve-A of this chapter applies only to the importation, sale and distribution of non-highway Diesel motor fuel for the purposes described in subparagraph (i) of paragraph (b) of subdivision three of section two hundred eighty-two-a of this chapter so unlawfully delivers a total of one thousand gallons or more of Diesel motor fuel at such filling station or stations or into such repository or repositories (or a combination of both such filling stations and repositories), then, such person shall be guilty of a class E felony.
(c) Any person who has twice been convicted under this section shall be guilty of a class E felony for any subsequent violation of this section, regardless of the amount of Diesel motor fuel involved in such violation. For purposes of this section, the terms "non-highway Diesel motor fuel" and "retail sale not in bulk" shall have the same meaning they have for purposes of article twelve-A of this chapter.