New York Consolidated Laws, General Business Law - GBS § 396-x. Gasoline stations;  air pumps required

1. Definition.  As used in this section:  “dealer” shall mean any person owning or operating a premise or facility with four or more gas dispensing nozzles for the retail sale of motor fuels for use in motor vehicles.

2. Any dealer must provide on the premises where motor fuel is sold at retail for use in motor vehicles a functioning motor driven air compressor capable of inflating automobile tires for use by customers during hours in which such station is open for business.  Jurisdiction in all matters pertaining to this subdivision shall be vested exclusively in the state.  Any provision of any local law or ordinance or any rule or regulation promulgated thereto governing tire inflation operation or equipment shall upon the effective date of the chapter of the laws of two thousand twenty that amended this subdivision be preempted.  Nothing in this section shall be construed to restrict a municipality from enforcing the provisions of this subdivision as it relates to providing functioning tire inflation equipment as required by the commissioner of agriculture and markets.

3. Wilful failure to comply with the provisions of this section shall subject a dealer to a civil penalty of up to twenty-five dollars for each day such failure occurs.  If the failure to comply results from the breakdown of the air compressor, the failure to repair within a reasonable time shall constitute wilful conduct.