State Codes and Statutes

Statutes > California > Bpc > 13650-13702

BUSINESS AND PROFESSIONS CODE
SECTION 13650-13702



13650.  "Service station," as used in this chapter, means any
establishment which offers for sale or sells gasoline or other motor
vehicle fuel to the public.


13651.  (a) (1) On and after January 1, 2000, every service station
in this state shall provide, during operating hours, and make
available at no cost to customers who purchase motor vehicle fuel,
water, compressed air, and a gauge for measuring air pressure, to the
public for use in servicing any passenger vehicle, as defined in
Section 465 of the Vehicle Code, or any commercial vehicle, as
defined in Section 260 of the Vehicle Code, with an unladen weight of
6,000 pounds or less.
   (2) Every service station in this state shall display, at a
conspicuous place on, at, or near the dispensing apparatus, at least
one clearly visible sign which shall read as follows: "CALIFORNIA LAW
REQUIRES THIS STATION TO PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE
PURPOSES TO ITS CUSTOMERS WHO PURCHASE MOTOR VEHICLE FUEL. IF YOU
HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS
TOLL-FREE TELEPHONE NUMBER: 1 (800) ___ ____." This sign shall meet
the requirements of Sections 13473 and 13474 with regard to letter
size and contrast. As used in this paragraph, automotive purposes
does not include the washing of vehicles.
   (b) (1) On and after January 1, 1990, every service station in
this state located within 660 feet of an accessible right-of-way of
an interstate or primary highway, as defined in Sections 5215 and
5220, shall provide, during business hours public restrooms for use
by its customers. Service stations shall not charge customers
separately for the use of restroom facilities.
   (2) The public restroom shall not be temporary or portable but
shall be permanent and shall include separate facilities for men and
women, each with toilets and sinks suitable for use by disabled
persons in accordance with Section 19955.5 of the Health and Safety
Code and Title 24 of the California Code of Regulations. However, a
service station not located along an interstate highway and in a
rural area, as defined by Section 101 of Title 23 of the United
States Code, and where the annualized average daily traffic count is
2,500 vehicles or less, is only required to provide a single restroom
to be used by both men and women unless the local legislative body
or, upon designation by the local legislative body, the local
building official determines and finds, based upon traffic studies
and local or seasonal tourist patterns, that a single restroom would
be inadequate to serve the public. In that event, the single restroom
exemption shall not apply. The single restroom shall contain a
toilet, urinal, and sink suitable for use by disabled persons as
required by the Americans With Disabilities Act and Title 24 of the
California Code of Regulations. The single restroom shall be equipped
with a locking mechanism to be operated by the user of the restroom
and the restroom shall be maintained in a clean and sanitary manner.
   (3) This subdivision does not apply to service stations that are
operational prior to January 1, 1990, and that would be obligated to
construct permanent restroom facilities to comply with this
subdivision.
   (4) For the purposes of this subdivision, "customer" means a
person who purchases any product available for sale on the premises
of the service station, including items not related to the repairing
or servicing of a motor vehicle.
   (c) Every service station in this state shall display, at a
conspicuous place on, at, or near the dispensing apparatus or at or
near the point of sale, at least one clearly visible sign showing a
list of applicable state and federal fuel taxes per gallon of motor
vehicle fuel sold from the dispensing apparatus. The sign may display
the federal excise tax rate as "up to $.184."
   (d) (1) The Division of Measurement Standards of the Department of
Food and Agriculture shall, no later than January 1, 2001, establish
a toll-free customer complaint telephone number. The toll-free
telephone number thereby established shall be printed on the sign
required pursuant to paragraph (2) of subdivision (a).
   (2) Notwithstanding any other provision of law, employees of the
Division of Measurement Standards, upon inspection, or upon notice of
a complaint forwarded pursuant to this section, are empowered to
investigate a complaint against a service station for lack of free
air and water and issue a citation to the station, and to collect a
fine of two hundred fifty dollars ($250) per valid complaint, unless
the citation is challenged in court. No citation shall be issued if
the air and water equipment is in good working order upon initial
inspection, or if they are repaired to the satisfaction of the
inspecting entity within 10 working days of the initial inspection.
In addition, no citation based on nonfunctional air and water
equipment shall be issued if the service station can establish that
the equipment has been the target of repeated vandalism,
substantiated by three or more police reports within six months
detailing the vandalism.


13652.  (a) Any person who intentionally violates any provision of
this chapter or any regulation promulgated pursuant thereto is guilty
of an infraction, and, upon conviction, shall be punished by a fine
not to exceed fifty dollars ($50) for each day that the person
violates the provision or regulation.
   (b) The failure of an owner or manager of a service station to
have adequate water and air facilities available for use by the
public, or to provide permanent public restrooms for use by its
customers, as required by subdivision (b) of Section 13651, for five
consecutive working days, constitutes a rebuttable presumption
affecting the burden of proof that the owner or manager has
intentionally violated this chapter. This subdivision does not apply
to restrooms rendered inoperable as a result of vandalism or plumbing
problems that may not be readily repaired.
   (c) Notwithstanding any other provision of this chapter, no person
shall be guilty of the infraction specified in subdivision (a) if
that person, within seven days after receiving notification from the
city attorney, district attorney, or Attorney General of any
violation of this chapter, makes whatever changes are necessary to
comply with the requirements of this chapter.



13653.  Notwithstanding any other provision of law, this chapter may
be enforced by the city attorney, district attorney, or Attorney
General.


13660.  (a) Every person, firm, partnership, association, trustee,
or corporation that operates a service station shall provide, upon
request, refueling service to a disabled driver of a vehicle that
displays a disabled person's plate or placard, or a disabled veteran'
s plate, issued by the Department of Motor Vehicles. The price
charged for the motor vehicle fuel shall be no greater than that
which the station otherwise would charge the public generally to
purchase motor vehicle fuel without refueling service.
   (b) Any person or entity specified in subdivision (a) that
operates a service station shall be exempt from this section during
hours when:
   (1) Only one employee is on duty.
   (2) Only two employees are on duty, one of whom is assigned
exclusively to the preparation of food.
   As used in this subdivision, the term "employee" does not include
a person employed by an unrelated business that is not owned or
operated by the entity offering motor vehicle fuel for sale to the
general public.
   (c) (1) Every person, firm, partnership, association, trustee, or
corporation required to provide refueling service for persons with
disabilities pursuant to this section shall post the following
notice, or a notice with substantially similar language, in a manner
and single location that is conspicuous to a driver seeking refueling
service:
                           "Service to Disabled Persons
   Disabled individuals properly displaying a disabled person's plate
or placard, or a disabled veteran's plate, issued by the Department
of Motor Vehicles, are entitled to request and receive refueling
service at this service station for which they may not be charged
more than the self-service price."

   (2) If refueling service is limited to certain hours pursuant to
an exemption set forth in subdivision (b), the notice required by
paragraph (1) shall also specify the hours during which refueling
service for persons with disabilities is available.
   (3) Every person, firm, partnership, association, trustee, or
corporation that, consistent with subdivision (b), does not provide
refueling service for persons with disabilities during any hours of
operation shall post the following notice in a manner and single
location that is conspicuous to a driver seeking refueling service:
                         "No Service for Disabled Persons
   This service station does not provide refueling service for
disabled individuals."

   (4) The signs required by paragraphs (1) and (3) shall also
include a statement indicating that drivers seeking information about
enforcement of laws related to refueling services for persons with
disabilities may call one or more toll-free telephone numbers
specified and maintained by the Department of Rehabilitation. By
January 31, 1999, the Director of the Department of Rehabilitation
shall notify the State Board of Equalization of the toll-free
telephone number or numbers to be included on the signs required by
this subdivision. At least one of these toll-free telephone numbers
shall be accessible to persons using telephone devices for the deaf.
The State Board of Equalization shall publish information regarding
the toll-free telephone numbers as part of its annual notification
required by subdivision (i). In the event that the toll-free
telephone number or numbers change, the Director of the Department of
Rehabilitation shall notify the State Board of Equalization of the
new toll-free telephone number or numbers to be used.
   (d) During the county sealer's normal petroleum product inspection
of a service station, the sealer shall verify that a sign has been
posted in accordance with subdivision (c). If a sign has not been
posted, the sealer shall issue a notice of violation to the owner or
agent. The sealer shall be reimbursed, as prescribed by the
department, from funds provided under Chapter 14. If substantial,
repeated violations of subdivision (c) are noted at the same service
station, the sealer shall refer the matter to the appropriate local
law enforcement agency.
   (e) The local law enforcement agency shall, upon the verified
complaint of any person or public agency, investigate the actions of
any person, firm, partnership, association, trustee, or corporation
alleged to have violated this section. If the local law enforcement
agency determines that there has been a denial of service in
violation of this section, or a substantial or repeated failure to
comply with subdivision (c), the agency shall levy the fine
prescribed in subdivision (f).
   (f) Any person who, as a responsible managing individual setting
service policy of a service station, or as an employee acting
independently against the set service policy, acts in violation of
this section is guilty of an infraction punishable by a fine of one
hundred dollars ($100) for the first offense, two hundred dollars
($200) for the second offense, and five hundred dollars ($500) for
each subsequent offense.
   (g) In addition to those matters referred pursuant to subdivision
(e), the city attorney, the district attorney, or the Attorney
General, upon his or her own motion, may investigate and prosecute
alleged violations of this section. Any person or public agency may
also file a verified complaint alleging violation of this section
with the city attorney, district attorney, or Attorney General.
   (h) Enforcement of this section may be initiated by any intended
beneficiary of the provisions of this section, his or her
representatives, or any public agency that exercises oversight over
the service station, and the action shall be governed by Section
1021.5 of the Code of Civil Procedure.
   (i) An annual notice setting forth the provisions of this section
shall be provided by the State Board of Equalization to every person,
firm, partnership, association, trustee, or corporation that
operates a service station.
   (j) A notice setting forth the provisions of this section shall be
printed on each disabled person's placard issued by the Department
of Motor Vehicles on and after January 1, 1999. A notice setting
forth the provisions of this section shall be provided to each person
issued a disabled person's or disabled veteran's plate on and after
January 1, 1998.
   (k) For the purposes of this action "refueling service" means the
service of pumping motor vehicle fuel into the fuel tank of a motor
vehicle.


13700.  (a) "Automotive product" means engine coolant or antifreeze,
prediluted engine coolant or prediluted antifreeze, brake fluid, and
automatic transmission fluid.
   (b) "Automatic transmission fluid" means a product intended for
use in a passenger vehicle, other than a bus, as either a lubricant,
coolant, or liquid medium in any type of fluid automatic
transmission, or any other type of unit through which, or by which,
force, energy, or power is transferred from a motor vehicle engine by
hydraulic means to the driving assembly.
   (c) "Brake fluid" means the fluid intended for use as the liquid
medium through which force is transmitted in the hydraulic brake
system of a vehicle operated upon the highways.
   (d) "Carton" means the package or wrapping in which a number of
containers are shipped or stored.
   (e) "Container" means any receptacle in which a commodity is
immediately contained when sold, but does not mean a carton or
wrapping in which a number of receptacles are shipped or stored, or a
tank car or truck.
   (f) "Engine coolant" or "antifreeze" means any substance or
preparation, regardless of its origin, intended to be diluted before
use as the cooling medium in the cooling system of an internal
combustion engine to provide protection against freezing,
overheating, and corrosion of the cooling system, or any product
intended to be diluted before use which is labeled to indicate or
imply that it will prevent freezing or overheating of the cooling
system of an internal combustion engine.
   (g) "Label" means all written, printed, or graphic
representations, in any form whatsoever, imprinted upon or affixed to
any container or accompanying any product referred to in this
chapter.
   (h) "Prediluted engine coolant" or "prediluted antifreeze" means
any substance or preparation, regardless of its origin, intended or
labeled for use full strength as the cooling medium or as a top off
in the cooling system of an internal combustion engine to provide or
supplement protection against freezing, overheating, or corrosion of
the cooling system.
   (i) "Principal display panel" means that part of the label that is
designed to most likely be displayed, presented, shown, or examined
under normal and customary conditions of display and purchase.



13701.  Any material offered for sale or sold as an additive to
automatic transmission fluids shall be compatible with the automatic
transmission fluid to which it is added, and the resulting mixture
shall not fall below the minimum specifications for automatic
transmission fluids, as established by the department.



13702.  Any words and letters required to be displayed on a
container by this chapter shall be in legible type.


State Codes and Statutes

Statutes > California > Bpc > 13650-13702

BUSINESS AND PROFESSIONS CODE
SECTION 13650-13702



13650.  "Service station," as used in this chapter, means any
establishment which offers for sale or sells gasoline or other motor
vehicle fuel to the public.


13651.  (a) (1) On and after January 1, 2000, every service station
in this state shall provide, during operating hours, and make
available at no cost to customers who purchase motor vehicle fuel,
water, compressed air, and a gauge for measuring air pressure, to the
public for use in servicing any passenger vehicle, as defined in
Section 465 of the Vehicle Code, or any commercial vehicle, as
defined in Section 260 of the Vehicle Code, with an unladen weight of
6,000 pounds or less.
   (2) Every service station in this state shall display, at a
conspicuous place on, at, or near the dispensing apparatus, at least
one clearly visible sign which shall read as follows: "CALIFORNIA LAW
REQUIRES THIS STATION TO PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE
PURPOSES TO ITS CUSTOMERS WHO PURCHASE MOTOR VEHICLE FUEL. IF YOU
HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS
TOLL-FREE TELEPHONE NUMBER: 1 (800) ___ ____." This sign shall meet
the requirements of Sections 13473 and 13474 with regard to letter
size and contrast. As used in this paragraph, automotive purposes
does not include the washing of vehicles.
   (b) (1) On and after January 1, 1990, every service station in
this state located within 660 feet of an accessible right-of-way of
an interstate or primary highway, as defined in Sections 5215 and
5220, shall provide, during business hours public restrooms for use
by its customers. Service stations shall not charge customers
separately for the use of restroom facilities.
   (2) The public restroom shall not be temporary or portable but
shall be permanent and shall include separate facilities for men and
women, each with toilets and sinks suitable for use by disabled
persons in accordance with Section 19955.5 of the Health and Safety
Code and Title 24 of the California Code of Regulations. However, a
service station not located along an interstate highway and in a
rural area, as defined by Section 101 of Title 23 of the United
States Code, and where the annualized average daily traffic count is
2,500 vehicles or less, is only required to provide a single restroom
to be used by both men and women unless the local legislative body
or, upon designation by the local legislative body, the local
building official determines and finds, based upon traffic studies
and local or seasonal tourist patterns, that a single restroom would
be inadequate to serve the public. In that event, the single restroom
exemption shall not apply. The single restroom shall contain a
toilet, urinal, and sink suitable for use by disabled persons as
required by the Americans With Disabilities Act and Title 24 of the
California Code of Regulations. The single restroom shall be equipped
with a locking mechanism to be operated by the user of the restroom
and the restroom shall be maintained in a clean and sanitary manner.
   (3) This subdivision does not apply to service stations that are
operational prior to January 1, 1990, and that would be obligated to
construct permanent restroom facilities to comply with this
subdivision.
   (4) For the purposes of this subdivision, "customer" means a
person who purchases any product available for sale on the premises
of the service station, including items not related to the repairing
or servicing of a motor vehicle.
   (c) Every service station in this state shall display, at a
conspicuous place on, at, or near the dispensing apparatus or at or
near the point of sale, at least one clearly visible sign showing a
list of applicable state and federal fuel taxes per gallon of motor
vehicle fuel sold from the dispensing apparatus. The sign may display
the federal excise tax rate as "up to $.184."
   (d) (1) The Division of Measurement Standards of the Department of
Food and Agriculture shall, no later than January 1, 2001, establish
a toll-free customer complaint telephone number. The toll-free
telephone number thereby established shall be printed on the sign
required pursuant to paragraph (2) of subdivision (a).
   (2) Notwithstanding any other provision of law, employees of the
Division of Measurement Standards, upon inspection, or upon notice of
a complaint forwarded pursuant to this section, are empowered to
investigate a complaint against a service station for lack of free
air and water and issue a citation to the station, and to collect a
fine of two hundred fifty dollars ($250) per valid complaint, unless
the citation is challenged in court. No citation shall be issued if
the air and water equipment is in good working order upon initial
inspection, or if they are repaired to the satisfaction of the
inspecting entity within 10 working days of the initial inspection.
In addition, no citation based on nonfunctional air and water
equipment shall be issued if the service station can establish that
the equipment has been the target of repeated vandalism,
substantiated by three or more police reports within six months
detailing the vandalism.


13652.  (a) Any person who intentionally violates any provision of
this chapter or any regulation promulgated pursuant thereto is guilty
of an infraction, and, upon conviction, shall be punished by a fine
not to exceed fifty dollars ($50) for each day that the person
violates the provision or regulation.
   (b) The failure of an owner or manager of a service station to
have adequate water and air facilities available for use by the
public, or to provide permanent public restrooms for use by its
customers, as required by subdivision (b) of Section 13651, for five
consecutive working days, constitutes a rebuttable presumption
affecting the burden of proof that the owner or manager has
intentionally violated this chapter. This subdivision does not apply
to restrooms rendered inoperable as a result of vandalism or plumbing
problems that may not be readily repaired.
   (c) Notwithstanding any other provision of this chapter, no person
shall be guilty of the infraction specified in subdivision (a) if
that person, within seven days after receiving notification from the
city attorney, district attorney, or Attorney General of any
violation of this chapter, makes whatever changes are necessary to
comply with the requirements of this chapter.



13653.  Notwithstanding any other provision of law, this chapter may
be enforced by the city attorney, district attorney, or Attorney
General.


13660.  (a) Every person, firm, partnership, association, trustee,
or corporation that operates a service station shall provide, upon
request, refueling service to a disabled driver of a vehicle that
displays a disabled person's plate or placard, or a disabled veteran'
s plate, issued by the Department of Motor Vehicles. The price
charged for the motor vehicle fuel shall be no greater than that
which the station otherwise would charge the public generally to
purchase motor vehicle fuel without refueling service.
   (b) Any person or entity specified in subdivision (a) that
operates a service station shall be exempt from this section during
hours when:
   (1) Only one employee is on duty.
   (2) Only two employees are on duty, one of whom is assigned
exclusively to the preparation of food.
   As used in this subdivision, the term "employee" does not include
a person employed by an unrelated business that is not owned or
operated by the entity offering motor vehicle fuel for sale to the
general public.
   (c) (1) Every person, firm, partnership, association, trustee, or
corporation required to provide refueling service for persons with
disabilities pursuant to this section shall post the following
notice, or a notice with substantially similar language, in a manner
and single location that is conspicuous to a driver seeking refueling
service:
                           "Service to Disabled Persons
   Disabled individuals properly displaying a disabled person's plate
or placard, or a disabled veteran's plate, issued by the Department
of Motor Vehicles, are entitled to request and receive refueling
service at this service station for which they may not be charged
more than the self-service price."

   (2) If refueling service is limited to certain hours pursuant to
an exemption set forth in subdivision (b), the notice required by
paragraph (1) shall also specify the hours during which refueling
service for persons with disabilities is available.
   (3) Every person, firm, partnership, association, trustee, or
corporation that, consistent with subdivision (b), does not provide
refueling service for persons with disabilities during any hours of
operation shall post the following notice in a manner and single
location that is conspicuous to a driver seeking refueling service:
                         "No Service for Disabled Persons
   This service station does not provide refueling service for
disabled individuals."

   (4) The signs required by paragraphs (1) and (3) shall also
include a statement indicating that drivers seeking information about
enforcement of laws related to refueling services for persons with
disabilities may call one or more toll-free telephone numbers
specified and maintained by the Department of Rehabilitation. By
January 31, 1999, the Director of the Department of Rehabilitation
shall notify the State Board of Equalization of the toll-free
telephone number or numbers to be included on the signs required by
this subdivision. At least one of these toll-free telephone numbers
shall be accessible to persons using telephone devices for the deaf.
The State Board of Equalization shall publish information regarding
the toll-free telephone numbers as part of its annual notification
required by subdivision (i). In the event that the toll-free
telephone number or numbers change, the Director of the Department of
Rehabilitation shall notify the State Board of Equalization of the
new toll-free telephone number or numbers to be used.
   (d) During the county sealer's normal petroleum product inspection
of a service station, the sealer shall verify that a sign has been
posted in accordance with subdivision (c). If a sign has not been
posted, the sealer shall issue a notice of violation to the owner or
agent. The sealer shall be reimbursed, as prescribed by the
department, from funds provided under Chapter 14. If substantial,
repeated violations of subdivision (c) are noted at the same service
station, the sealer shall refer the matter to the appropriate local
law enforcement agency.
   (e) The local law enforcement agency shall, upon the verified
complaint of any person or public agency, investigate the actions of
any person, firm, partnership, association, trustee, or corporation
alleged to have violated this section. If the local law enforcement
agency determines that there has been a denial of service in
violation of this section, or a substantial or repeated failure to
comply with subdivision (c), the agency shall levy the fine
prescribed in subdivision (f).
   (f) Any person who, as a responsible managing individual setting
service policy of a service station, or as an employee acting
independently against the set service policy, acts in violation of
this section is guilty of an infraction punishable by a fine of one
hundred dollars ($100) for the first offense, two hundred dollars
($200) for the second offense, and five hundred dollars ($500) for
each subsequent offense.
   (g) In addition to those matters referred pursuant to subdivision
(e), the city attorney, the district attorney, or the Attorney
General, upon his or her own motion, may investigate and prosecute
alleged violations of this section. Any person or public agency may
also file a verified complaint alleging violation of this section
with the city attorney, district attorney, or Attorney General.
   (h) Enforcement of this section may be initiated by any intended
beneficiary of the provisions of this section, his or her
representatives, or any public agency that exercises oversight over
the service station, and the action shall be governed by Section
1021.5 of the Code of Civil Procedure.
   (i) An annual notice setting forth the provisions of this section
shall be provided by the State Board of Equalization to every person,
firm, partnership, association, trustee, or corporation that
operates a service station.
   (j) A notice setting forth the provisions of this section shall be
printed on each disabled person's placard issued by the Department
of Motor Vehicles on and after January 1, 1999. A notice setting
forth the provisions of this section shall be provided to each person
issued a disabled person's or disabled veteran's plate on and after
January 1, 1998.
   (k) For the purposes of this action "refueling service" means the
service of pumping motor vehicle fuel into the fuel tank of a motor
vehicle.


13700.  (a) "Automotive product" means engine coolant or antifreeze,
prediluted engine coolant or prediluted antifreeze, brake fluid, and
automatic transmission fluid.
   (b) "Automatic transmission fluid" means a product intended for
use in a passenger vehicle, other than a bus, as either a lubricant,
coolant, or liquid medium in any type of fluid automatic
transmission, or any other type of unit through which, or by which,
force, energy, or power is transferred from a motor vehicle engine by
hydraulic means to the driving assembly.
   (c) "Brake fluid" means the fluid intended for use as the liquid
medium through which force is transmitted in the hydraulic brake
system of a vehicle operated upon the highways.
   (d) "Carton" means the package or wrapping in which a number of
containers are shipped or stored.
   (e) "Container" means any receptacle in which a commodity is
immediately contained when sold, but does not mean a carton or
wrapping in which a number of receptacles are shipped or stored, or a
tank car or truck.
   (f) "Engine coolant" or "antifreeze" means any substance or
preparation, regardless of its origin, intended to be diluted before
use as the cooling medium in the cooling system of an internal
combustion engine to provide protection against freezing,
overheating, and corrosion of the cooling system, or any product
intended to be diluted before use which is labeled to indicate or
imply that it will prevent freezing or overheating of the cooling
system of an internal combustion engine.
   (g) "Label" means all written, printed, or graphic
representations, in any form whatsoever, imprinted upon or affixed to
any container or accompanying any product referred to in this
chapter.
   (h) "Prediluted engine coolant" or "prediluted antifreeze" means
any substance or preparation, regardless of its origin, intended or
labeled for use full strength as the cooling medium or as a top off
in the cooling system of an internal combustion engine to provide or
supplement protection against freezing, overheating, or corrosion of
the cooling system.
   (i) "Principal display panel" means that part of the label that is
designed to most likely be displayed, presented, shown, or examined
under normal and customary conditions of display and purchase.



13701.  Any material offered for sale or sold as an additive to
automatic transmission fluids shall be compatible with the automatic
transmission fluid to which it is added, and the resulting mixture
shall not fall below the minimum specifications for automatic
transmission fluids, as established by the department.



13702.  Any words and letters required to be displayed on a
container by this chapter shall be in legible type.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 13650-13702

BUSINESS AND PROFESSIONS CODE
SECTION 13650-13702



13650.  "Service station," as used in this chapter, means any
establishment which offers for sale or sells gasoline or other motor
vehicle fuel to the public.


13651.  (a) (1) On and after January 1, 2000, every service station
in this state shall provide, during operating hours, and make
available at no cost to customers who purchase motor vehicle fuel,
water, compressed air, and a gauge for measuring air pressure, to the
public for use in servicing any passenger vehicle, as defined in
Section 465 of the Vehicle Code, or any commercial vehicle, as
defined in Section 260 of the Vehicle Code, with an unladen weight of
6,000 pounds or less.
   (2) Every service station in this state shall display, at a
conspicuous place on, at, or near the dispensing apparatus, at least
one clearly visible sign which shall read as follows: "CALIFORNIA LAW
REQUIRES THIS STATION TO PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE
PURPOSES TO ITS CUSTOMERS WHO PURCHASE MOTOR VEHICLE FUEL. IF YOU
HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS
TOLL-FREE TELEPHONE NUMBER: 1 (800) ___ ____." This sign shall meet
the requirements of Sections 13473 and 13474 with regard to letter
size and contrast. As used in this paragraph, automotive purposes
does not include the washing of vehicles.
   (b) (1) On and after January 1, 1990, every service station in
this state located within 660 feet of an accessible right-of-way of
an interstate or primary highway, as defined in Sections 5215 and
5220, shall provide, during business hours public restrooms for use
by its customers. Service stations shall not charge customers
separately for the use of restroom facilities.
   (2) The public restroom shall not be temporary or portable but
shall be permanent and shall include separate facilities for men and
women, each with toilets and sinks suitable for use by disabled
persons in accordance with Section 19955.5 of the Health and Safety
Code and Title 24 of the California Code of Regulations. However, a
service station not located along an interstate highway and in a
rural area, as defined by Section 101 of Title 23 of the United
States Code, and where the annualized average daily traffic count is
2,500 vehicles or less, is only required to provide a single restroom
to be used by both men and women unless the local legislative body
or, upon designation by the local legislative body, the local
building official determines and finds, based upon traffic studies
and local or seasonal tourist patterns, that a single restroom would
be inadequate to serve the public. In that event, the single restroom
exemption shall not apply. The single restroom shall contain a
toilet, urinal, and sink suitable for use by disabled persons as
required by the Americans With Disabilities Act and Title 24 of the
California Code of Regulations. The single restroom shall be equipped
with a locking mechanism to be operated by the user of the restroom
and the restroom shall be maintained in a clean and sanitary manner.
   (3) This subdivision does not apply to service stations that are
operational prior to January 1, 1990, and that would be obligated to
construct permanent restroom facilities to comply with this
subdivision.
   (4) For the purposes of this subdivision, "customer" means a
person who purchases any product available for sale on the premises
of the service station, including items not related to the repairing
or servicing of a motor vehicle.
   (c) Every service station in this state shall display, at a
conspicuous place on, at, or near the dispensing apparatus or at or
near the point of sale, at least one clearly visible sign showing a
list of applicable state and federal fuel taxes per gallon of motor
vehicle fuel sold from the dispensing apparatus. The sign may display
the federal excise tax rate as "up to $.184."
   (d) (1) The Division of Measurement Standards of the Department of
Food and Agriculture shall, no later than January 1, 2001, establish
a toll-free customer complaint telephone number. The toll-free
telephone number thereby established shall be printed on the sign
required pursuant to paragraph (2) of subdivision (a).
   (2) Notwithstanding any other provision of law, employees of the
Division of Measurement Standards, upon inspection, or upon notice of
a complaint forwarded pursuant to this section, are empowered to
investigate a complaint against a service station for lack of free
air and water and issue a citation to the station, and to collect a
fine of two hundred fifty dollars ($250) per valid complaint, unless
the citation is challenged in court. No citation shall be issued if
the air and water equipment is in good working order upon initial
inspection, or if they are repaired to the satisfaction of the
inspecting entity within 10 working days of the initial inspection.
In addition, no citation based on nonfunctional air and water
equipment shall be issued if the service station can establish that
the equipment has been the target of repeated vandalism,
substantiated by three or more police reports within six months
detailing the vandalism.


13652.  (a) Any person who intentionally violates any provision of
this chapter or any regulation promulgated pursuant thereto is guilty
of an infraction, and, upon conviction, shall be punished by a fine
not to exceed fifty dollars ($50) for each day that the person
violates the provision or regulation.
   (b) The failure of an owner or manager of a service station to
have adequate water and air facilities available for use by the
public, or to provide permanent public restrooms for use by its
customers, as required by subdivision (b) of Section 13651, for five
consecutive working days, constitutes a rebuttable presumption
affecting the burden of proof that the owner or manager has
intentionally violated this chapter. This subdivision does not apply
to restrooms rendered inoperable as a result of vandalism or plumbing
problems that may not be readily repaired.
   (c) Notwithstanding any other provision of this chapter, no person
shall be guilty of the infraction specified in subdivision (a) if
that person, within seven days after receiving notification from the
city attorney, district attorney, or Attorney General of any
violation of this chapter, makes whatever changes are necessary to
comply with the requirements of this chapter.



13653.  Notwithstanding any other provision of law, this chapter may
be enforced by the city attorney, district attorney, or Attorney
General.


13660.  (a) Every person, firm, partnership, association, trustee,
or corporation that operates a service station shall provide, upon
request, refueling service to a disabled driver of a vehicle that
displays a disabled person's plate or placard, or a disabled veteran'
s plate, issued by the Department of Motor Vehicles. The price
charged for the motor vehicle fuel shall be no greater than that
which the station otherwise would charge the public generally to
purchase motor vehicle fuel without refueling service.
   (b) Any person or entity specified in subdivision (a) that
operates a service station shall be exempt from this section during
hours when:
   (1) Only one employee is on duty.
   (2) Only two employees are on duty, one of whom is assigned
exclusively to the preparation of food.
   As used in this subdivision, the term "employee" does not include
a person employed by an unrelated business that is not owned or
operated by the entity offering motor vehicle fuel for sale to the
general public.
   (c) (1) Every person, firm, partnership, association, trustee, or
corporation required to provide refueling service for persons with
disabilities pursuant to this section shall post the following
notice, or a notice with substantially similar language, in a manner
and single location that is conspicuous to a driver seeking refueling
service:
                           "Service to Disabled Persons
   Disabled individuals properly displaying a disabled person's plate
or placard, or a disabled veteran's plate, issued by the Department
of Motor Vehicles, are entitled to request and receive refueling
service at this service station for which they may not be charged
more than the self-service price."

   (2) If refueling service is limited to certain hours pursuant to
an exemption set forth in subdivision (b), the notice required by
paragraph (1) shall also specify the hours during which refueling
service for persons with disabilities is available.
   (3) Every person, firm, partnership, association, trustee, or
corporation that, consistent with subdivision (b), does not provide
refueling service for persons with disabilities during any hours of
operation shall post the following notice in a manner and single
location that is conspicuous to a driver seeking refueling service:
                         "No Service for Disabled Persons
   This service station does not provide refueling service for
disabled individuals."

   (4) The signs required by paragraphs (1) and (3) shall also
include a statement indicating that drivers seeking information about
enforcement of laws related to refueling services for persons with
disabilities may call one or more toll-free telephone numbers
specified and maintained by the Department of Rehabilitation. By
January 31, 1999, the Director of the Department of Rehabilitation
shall notify the State Board of Equalization of the toll-free
telephone number or numbers to be included on the signs required by
this subdivision. At least one of these toll-free telephone numbers
shall be accessible to persons using telephone devices for the deaf.
The State Board of Equalization shall publish information regarding
the toll-free telephone numbers as part of its annual notification
required by subdivision (i). In the event that the toll-free
telephone number or numbers change, the Director of the Department of
Rehabilitation shall notify the State Board of Equalization of the
new toll-free telephone number or numbers to be used.
   (d) During the county sealer's normal petroleum product inspection
of a service station, the sealer shall verify that a sign has been
posted in accordance with subdivision (c). If a sign has not been
posted, the sealer shall issue a notice of violation to the owner or
agent. The sealer shall be reimbursed, as prescribed by the
department, from funds provided under Chapter 14. If substantial,
repeated violations of subdivision (c) are noted at the same service
station, the sealer shall refer the matter to the appropriate local
law enforcement agency.
   (e) The local law enforcement agency shall, upon the verified
complaint of any person or public agency, investigate the actions of
any person, firm, partnership, association, trustee, or corporation
alleged to have violated this section. If the local law enforcement
agency determines that there has been a denial of service in
violation of this section, or a substantial or repeated failure to
comply with subdivision (c), the agency shall levy the fine
prescribed in subdivision (f).
   (f) Any person who, as a responsible managing individual setting
service policy of a service station, or as an employee acting
independently against the set service policy, acts in violation of
this section is guilty of an infraction punishable by a fine of one
hundred dollars ($100) for the first offense, two hundred dollars
($200) for the second offense, and five hundred dollars ($500) for
each subsequent offense.
   (g) In addition to those matters referred pursuant to subdivision
(e), the city attorney, the district attorney, or the Attorney
General, upon his or her own motion, may investigate and prosecute
alleged violations of this section. Any person or public agency may
also file a verified complaint alleging violation of this section
with the city attorney, district attorney, or Attorney General.
   (h) Enforcement of this section may be initiated by any intended
beneficiary of the provisions of this section, his or her
representatives, or any public agency that exercises oversight over
the service station, and the action shall be governed by Section
1021.5 of the Code of Civil Procedure.
   (i) An annual notice setting forth the provisions of this section
shall be provided by the State Board of Equalization to every person,
firm, partnership, association, trustee, or corporation that
operates a service station.
   (j) A notice setting forth the provisions of this section shall be
printed on each disabled person's placard issued by the Department
of Motor Vehicles on and after January 1, 1999. A notice setting
forth the provisions of this section shall be provided to each person
issued a disabled person's or disabled veteran's plate on and after
January 1, 1998.
   (k) For the purposes of this action "refueling service" means the
service of pumping motor vehicle fuel into the fuel tank of a motor
vehicle.


13700.  (a) "Automotive product" means engine coolant or antifreeze,
prediluted engine coolant or prediluted antifreeze, brake fluid, and
automatic transmission fluid.
   (b) "Automatic transmission fluid" means a product intended for
use in a passenger vehicle, other than a bus, as either a lubricant,
coolant, or liquid medium in any type of fluid automatic
transmission, or any other type of unit through which, or by which,
force, energy, or power is transferred from a motor vehicle engine by
hydraulic means to the driving assembly.
   (c) "Brake fluid" means the fluid intended for use as the liquid
medium through which force is transmitted in the hydraulic brake
system of a vehicle operated upon the highways.
   (d) "Carton" means the package or wrapping in which a number of
containers are shipped or stored.
   (e) "Container" means any receptacle in which a commodity is
immediately contained when sold, but does not mean a carton or
wrapping in which a number of receptacles are shipped or stored, or a
tank car or truck.
   (f) "Engine coolant" or "antifreeze" means any substance or
preparation, regardless of its origin, intended to be diluted before
use as the cooling medium in the cooling system of an internal
combustion engine to provide protection against freezing,
overheating, and corrosion of the cooling system, or any product
intended to be diluted before use which is labeled to indicate or
imply that it will prevent freezing or overheating of the cooling
system of an internal combustion engine.
   (g) "Label" means all written, printed, or graphic
representations, in any form whatsoever, imprinted upon or affixed to
any container or accompanying any product referred to in this
chapter.
   (h) "Prediluted engine coolant" or "prediluted antifreeze" means
any substance or preparation, regardless of its origin, intended or
labeled for use full strength as the cooling medium or as a top off
in the cooling system of an internal combustion engine to provide or
supplement protection against freezing, overheating, or corrosion of
the cooling system.
   (i) "Principal display panel" means that part of the label that is
designed to most likely be displayed, presented, shown, or examined
under normal and customary conditions of display and purchase.



13701.  Any material offered for sale or sold as an additive to
automatic transmission fluids shall be compatible with the automatic
transmission fluid to which it is added, and the resulting mixture
shall not fall below the minimum specifications for automatic
transmission fluids, as established by the department.



13702.  Any words and letters required to be displayed on a
container by this chapter shall be in legible type.