OR 2008-1193 Prepayment for gasoline
ORDINANCE NO. 2008-1193
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES,
CHAPTER 9, BY ADDING ARTICLE 9-10 TO PROVIDE FOR
THE PREPAYMENT FOR GASOLINE AND DIESEL FUEL AT
RETAIL FUEL BUSINESSES; PROVIDING FOR DEFINITIONS;
PROVIDING FOR OFFENSES; PROVIDING FOR DEFENSES;
PROVIDING FOR EXCEPTIONS; PROVIDING A REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY
OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS
($500.00) FOR EACH AND EVERY OFFENSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
the City Council of the City of Coppell, Texas, has determined that
for the health, welfare, and safety of its citizens, certain additions to the Code of
Ordinances of the City of Coppell are necessary; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1.
That Chapter 9 of the Code of Ordinances of the City of Coppell
be and the same is hereby amended by adding Article 9-10 to provide for the prepayment
for gasoline and diesel fuel at retail fuel businesses, which shall read as follows:
“ARTICLE 9-10. PREPAYMENT FOR GASOLINE AND DIESEL FUEL
AT RETAIL FUEL BUSINESSES.
Sec. 9-10-1. Definitions.
In this article the following words, terms and phrases shall have the
meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning:
Employee means the person(s), other than the owner or
manager/supervisor, employed to perform services on the premises of a retail fuel
business and who have no supervisory responsibilities.
Manager/Supervisor means the person(s) granted authority or
responsibility by the owner for the operations of the retail fuel business.
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Owner means the individual, group, corporation, partnership, joint venture
or other group or entity that owns a retail fuel business.
Payment means payment by any legal means, including cash, credit card,
debit card, check or otherwise. Presenting a form of payment to be finalized at
the conclusion of the transaction shall be considered payment in full.
Sec. 9-10-2. Offenses.
It shall be an offense for a retail fuel business owner, manager/supervisor,
or employee to:
1. Activate any gasoline or diesel fuel pumping device prior to
receiving payment in full for the gasoline or diesel fuel; or
2. Allow or permit any person to dispense gasoline or diesel
fuel from a pumping device at a retail fuel business unless the
person has first made payment in full.
Sec. 9-10-3. Defense.
It shall be a defense if the owner, manager/supervisor or employee of
a retail fuel business allows the dispensing of gasoline or diesel fuel for
repair and/or testing of the dispensing devices used by the retail fuel
business.
Sec. 9-10-4. Exception.
It is an exception to the application of this article if a merchant enters
into a civil agreement with customers, pursuant to which customers may
activate a fuel pump prior to payment through the use of a card or similar
device, issued by the merchant that activates the pump. Such an agreement
shall include identifying information of the customer that may be used by
the merchant for seeking compensation in the appropriate civil court should
”
the customer fail to pay for fuel after activating the pump with such a card.
SECTION 2.
That all provisions of the Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
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repealed, and all other provisions of the Ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 3.
That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 4.
That all provisions of the Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby amended,
repealed, and all other provisions of the Ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 5.
That any person, firm or corporation who violates any provisions
of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof
in the Municipal Court, shall be subject to a fine of not more than $500.00 for each
offense, and each and every day such offense is continued shall constitute a new and
separate offense.
SECTION 6.
That this ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell, Texas, this the
Z5~dayof~ ,2008.
ATTEST:
VER, MAYOR
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