10-1-225. Advertising requirements for electric vehicle charging stations; advertisements offering free gifts or services; enforcement; penalties.

Any sign or placard or other means used to advertise the price of electricity for sale at retail through an electric vehicle charging station may contain a separate listing of the price and a separate listing of each tax thereon, but must contain a total of such price and taxes which shall be at least as large as the listing of the price or any tax thereon. Numbers used to advertise the total price of such electricity shall be of uniform size; and, where fractions are used, the numerator and denominator thereof combined shall be of the same size as any whole numbers used. It shall not be necessary that a denominator be used to indicate fractions; but, if one is not used, the numerator must be at least half the size of the whole number used. When the price of electricity for sale at retail through an electric vehicle charging station is advertised on any sign, billboard, placard, or other advertising medium, it shall be unlawful to place a higher price on any electric vehicle charging station delivering such electricity or to charge a higher price for such electricity. An electric vehicle charging station provider shall not be precluded from giving a discount from the posted or advertised price if the purchaser of the electricity buys additional merchandise.#

It shall be unlawful for any electric vehicle charging provider to advertise upon the purchase of electricity either free:#

1. (1)

   Gifts or other products unless such provider has sufficient number of gifts or products on hand to supply the reasonably expectable demand or the advertisement discloses a limitation of quantity; or#

2. (2)

   Car washes or other services unless such provider is prepared, in the absence of causes beyond the reasonable control of the offerer, to perform such car washes or the services advertised at the time of the purchase at such provider’s place of business or at a place of business affiliated by trademark or agreement with such provider. If the free car washes or other services advertised are to be performed at a place of business affiliated by trademark or agreement but in a separate location, such fact shall be so stated on the sign, billboard, placard, or other advertising medium used.#

Nothing in this Code section shall preclude posting on any electric vehicle charging station a separate statement of taxes included in the total purchase price for the purpose of complying with Chapter 8 of Title 48.#

Electric vehicle charging station inspectors and any and all law enforcement officers in this state are charged with enforcement of this Code section.#

Any person, firm, association, or corporation violating this Code section shall be guilty of a misdemeanor.#