Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Prohibits membership club from limiting sale of motor fuel to members of club.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of motor fuel to consumers and supplementing P.L.1938, c.163 (C.56:6-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Residents of the State depend on gasoline being accessible for their motor vehicles, particularly because so many residents commute far distances to work, including to locations out of State.
b. Considering New Jersey’s diverse landscape of urban, suburban, and rural settings, the number of gasoline stations varies widely in any area.
c. The tourism industry in the State is bolstered by visitors having access to gasoline stations throughout the State.
d. If retail, wholesale, merchandise or other clubs selling discounted goods through membership warehouses limit the sale of motor fuel to only their members, the public interest will be harmed by the decrease in availability of gasoline stations.
e. The prohibition against restricting the sale of motor fuel to members of a retail, wholesale, merchandise or other club does not constitute a restraint of trade in derogation of the general public interest because the Legislature finds that the availability of gasoline stations to residents and visitors of the State outweighs a benefit offered to a select number of individuals.
f. A prohibition against restricting the sale of motor fuel to members of a retail, wholesale, merchandise or other club will therefore promote the common welfare by increasing accessibility and convenience without causing economic harm to the public in general.
2. a. Notwithstanding any law to the contrary, a retail, wholesale, merchandise or other club operating as a retail dealer for the sale of motor fuel in the State shall not restrict the sale of motor fuel to consumers that are members of the club at any gasoline station operated by the club.
b. Any club that violates this act shall be liable for a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation collectible by the Superintendent of the Office of Weights and Measures in the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. As used in this act:
“Gasoline station” means a place of business located in the State and used for the retail sale and dispensing of fuel into the tanks of motor vehicles.
“Retail, wholesale, merchandise or other club” or “club” means a retail establishment selling discounted goods through membership warehouses and online.
d. The Director of the Division of Consumer Affairs shall promulgate any rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), necessary to implement the provisions of this act.
3. This act shall take effect immediately.
STATEMENT
This bill prohibits a membership club operating as a retail dealer for the sale of motor fuel from limiting the sale of motor fuel to members of the club. The bill provides that it is in the public interest for gasoline stations to service all individuals, whether or not the individuals are members of a club that operates the gasoline station.