Chapter 8.14
UNIT PRICING OF COMMODITIES
Sections:
8.14.010 Prices to be indicated on each package.
8.14.030 Action to enjoin violation.
8.14.040 Violator’s liability.
8.14.010 Prices to be indicated on each package.
A. Every retail grocery store or grocery department within a general, retail merchandise store which uses an automatic or electronic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale on and after the effective date of the ordinance codified in this chapter:
B. The provisions of this section shall not apply to any of the following:
1. Any unpackaged fresh food produce, or to consumer commodities which are under three cubic inches in size, weight less than three ounces, and are priced under thirty cents;
2. Any business which has as its only regular employees the owner thereof, or the parent, spouse, or child of such owner, or in addition thereto, not more than two other regular employees;
3. Identical items within a multi-item;
4. Items sold through a vending machine.
C. For the purposes of this section, “consumer commodity” includes:
1. Food, including all material whether solid, liquid, or mixed, and whether simple or compound, which is used or intended for consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients added to any such material for any purpose. This definition shall not apply to individual packages of cigarettes or individual cigars;
2. Napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper toweling, and disposable plates and cups;
3. Detergents, soaps, and other cleaning products;
4. Pharmaceuticals, including non-prescription drugs, bandages, female hygiene products, and toiletries.
D. For the purposes of this section, “grocery department” means an area within a general retail merchandise store which is engaged primarily in the retail sale of packaged food, rather than food prepared for immediate consumption on or off the premises.
E. For the purposes of this section, “grocery store means a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises. (Ord. 467 § 1, 1980)
8.14.020 Violations.
A. The intentional violation of Section 8.14.010 shall be a misdemeanor.
B. Failure to have a clearly readable price indicated on twelve units of the same item of the same commodity shall constitute a presumption of intent to violate Section 8.14.010.
C. Every additional twelve units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate Section 8.14.010.
D. Each day that a violation continues shall constitute a separate violation after notification thereof by any person to the manager or assistant manager of the grocery store or the grocery department of the general retail merchandise store and shall constitute a presumption of intent to violate Section 8.14.010. (Ord. 467 § 2, 1980)
8.14.030 Action to enjoin violation.
Notwithstanding any other provision of law, any person may bring an action to enjoin a violation of Section 8.14.010. (Ord. 467 § 3, 1980)
8.14.040 Violator’s liability.
Any person, firm, corporation, or association who violates Section 8.14.010 shall be liable to any person injured for any losses and expenses thereby incurred and for the sum of fifty dollars in addition thereto. The remedy set forth in this section shall apply only to actions brought on behalf of a single plaintiff and shall not apply to multiple plaintiffs, or class actions. (Ord. 467 § 4, 1980)