ORDINANCE 7.8
Sponsor: Ordinance Committee
First reading: 05/11/26
Rules suspended and will be placed on the May 18, 2026 Deliberative Agenda
Second reading: 05/18/26
Action: adopted
Date: 05/18/26
Signed by Mayor: 05/20/26
Published: 05/27/26
Effective: 06/16/26
It is hereby Ordained by the City Council of the City of Burlington as follows:
That Chapter 21, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of Burlington be and is hereby amended by amending Article I, In General, by adding Sec. 21-8, Consumer Protection; thereof to read as follows:
21-8 Reserved Consumer Protection
(a) PURPOSE, INTENT, AND AUTHORITY
The purpose of this Section is to complement the enforcement of federal statutes, state statutes, and decisions governing unfair methods of competition, unfair or deceptive acts or practices, and anti-competitive practices in order to protect the public and to encourage fair and honest competition.
This Section is intended to provide notice to consumers prior to their purchase of costs and/or holds on their money that may not have otherwise been clear to the consumer so that they may make an educated choice prior to purchase.
Charter authority regarding petroleum sales is provided in Article 19, §48(26). Statutory authority regarding private parking lot/sign regulation for the purposes of this ordinance is provided pursuant to 24 V.S.A. §2291.
(b) DEFINITIONS
Please see 9 V.S.A. §2451a.
(c) CUSTOMER NOTICE
1) HOLDS ON PAYMENT AT POINT OF SALE
A gas station, convenience store, or any other place that sells gas to the public, that accepts credit or debit cards for the retail sale of gasoline shall not place, or allow a third party to place, a hold on any credit or debit card account in an amount larger than the actual purchase amount for the gasoline without providing notice in a clear manner and proximate to the point of payment prior to the consumers purchase. The notice shall state there may be a hold in an amount larger than the amount of the purchase and how a consumer may avoid a preauthorization hold (ie.if the consumer can go inside and prepay with a PIN to avoid a hold).
2) PARKING RATES FOR PARKING GARAGES/LOTS
All privately owned parking garages/lots shall clearly and prominently post at the entry, so that it is visible and legible from the roadway and prior to consumers entering the garage/lot, the following:
(A) whether the lot/garage is open to the public;
(B) signage that shall prominently include the words “privately-owned”;
(C) the rates for the lot/garage;
D) if the lot/garage uses dynamic or changing pricing models, clearly and visible disclose that and the maximum possible rate the consumer could pay;
(E) hours of operation;
(F) a contact to call if there is an issue; and
(G) whether there is a charge for handicap parking and if so, that the consumer may park on the street or in city-owned lots for free.
Signage will also need to comply with all other state and local permitting requirements, including but not limited to the Burlington Comprehensive Development Ordinance.
(d) EFFECTIVE DATE
The effective date of this ordinance shall be July 1, 2026. Thereafter, there shall be a one-time courtesy warning to come into compliance for an additional sixty (60) days.
(e) ENFORCEMENT
Violations of this section shall be a civil offense and shall be enforced pursuant to Section 1-9 of this Ordinance.
* Material stricken out deleted.
** Material underlined added.
ks/Ordinances 2026/Consumer Protection/BCO Ch. 21, Art. I
Sec. 21-8.
5/6/2026