2 years, 7 months ago
Is Costco exempt from California Business and Professions Code Section 13651?
In California: "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".
http://law.onecle.com/california/business/13651.html
My local Costco gas station does not provide free air and water. Costco says they are exempt from this law. Are they exempt?
http://law.onecle.com/california/business/13651.html
My local Costco gas station does not provide free air and water. Costco says they are exempt from this law. Are they exempt?
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M$1 Answer
The key to answering whether or not an entity is exempt from a regulation is to check the relevant definition(s) included in the code. The entity in this regulation is "every service station." However, while your link doesn't provide a definition of "service station," my link does:
open quote/
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.
/end quote
The "prima facie" ("first face" or "first appearance") answer to your question is "no, Costco is not exempt." However, please be aware that Costco isn't obligated to provide free air and water if no purchase is made.
To file a complaint, per (d)(1) and (2) of the code (scroll toward the bottom), contact The Division of Measurement Standards of the Department of Food and Agriculture:
1) access the website at http://www.cdfa.ca.gov/DMS/;
2) under "Information" for "Consumers" click "How to File a Complaint"; and
3) scroll until you see "How to File a Service Station Air and Water Complaint." You may either complete the complaint form or call the toll-free complaint line. For either one, you'll need to have available the specifics such as store number, address, and date/time of the violation.
Λ
open quote/
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.
/end quote
The "prima facie" ("first face" or "first appearance") answer to your question is "no, Costco is not exempt." However, please be aware that Costco isn't obligated to provide free air and water if no purchase is made.
To file a complaint, per (d)(1) and (2) of the code (scroll toward the bottom), contact The Division of Measurement Standards of the Department of Food and Agriculture:
1) access the website at http://www.cdfa.ca.gov/DMS/;
2) under "Information" for "Consumers" click "How to File a Complaint"; and
3) scroll until you see "How to File a Service Station Air and Water Complaint." You may either complete the complaint form or call the toll-free complaint line. For either one, you'll need to have available the specifics such as store number, address, and date/time of the violation.
Λ
source(s):
California Business and Professions Code 13650, 13651, 13652
http://www.autoca.org/documents/B%20&%20P%2013650%20and%2013651.Restroo...
The Division of Measurement Standards of the Department of
Food and Agriculture
http://www.cdfa.ca.gov/DMS/
paralegal training
California Business and Professions Code 13650, 13651, 13652
http://www.autoca.org/documents/B%20&%20P%2013650%20and%2013651.Restroo...
The Division of Measurement Standards of the Department of
Food and Agriculture
http://www.cdfa.ca.gov/DMS/
paralegal training
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
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