Chapter 5.98
ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
Sections:
5.98.020 Brick-and-Mortar Businesses Required to Accept Cash.
5.98.040 Enforcement and Penalties.
5.98.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:
“Brick-and-mortar business” shall mean any place of business operating at a fixed, permanent physical premises in the City, which is open to the public, that offers for sale to the public for consumption or use, on or off the premises, food or beverages, any consumer service, or goods, merchandise, products, clothes, shoes, or commodities.
“Cash” shall mean United States coins and currency, including federal reserve notes. Cash does not include foreign currency, any paper instrument other than a federal reserve note, including, but not limited to, any check, bond, or promissory note, or any foreign metal coin.
“Consumer service(s)” shall mean any services that are offered to individuals at the brick-and-mortar business premises including, but not limited to, personal services, entertainment, fitness, tanning, printing and business services, pet care, nail care, haircuts, beauty treatments, tailoring of clothes, dry cleaning, car washing, shoe repair, tutoring, and automobile maintenance/repair. Consumer services shall not include services provided by doctors, dentists, physical therapist, and nurses, services provided at a person’s residence, such as construction, home repair, plumbing, cleaning, and landscaping, or professional services.
“Professional service(s)” shall mean any service that requires specialized education, knowledge, labor, judgment, and skill and is predominantly mental or intellectual, such as those services provided by accountants, architects, attorneys, engineers, financial advisers, insurance agents, interior designers, management consultants, other consultants, and software developers. (Ord. 2024-20 § 2, 2024)
5.98.020 Brick-and-Mortar Businesses Required to Accept Cash.
A. Except as set forth in Section 5.98.030, every brick-and-mortar business within the City must accept payment in cash, if offered, for any transaction involving the purchase of food or beverages, any consumer service, or goods, merchandise, products, clothes, shoes, or commodities, if the person seeking to engage in that transaction is physically present at the place of business.
B. Except as set forth in Section 5.98.030, a brick-and-mortar business may not charge a fee or place any other condition on its acceptance of cash as required by subsection (A) of this section. (Ord. 2024-20 § 2, 2024)
5.98.030 Exceptions.
A. Suspected Counterfeit Currency. A brick-and-mortar business may refuse to accept cash that the business reasonably suspects to be counterfeit.
B. Large Denominations. A brick-and-mortar business may refuse to accept cash in any denomination larger than a fifty-dollar ($50.00) note but shall otherwise accept any combination of federal reserve notes and metal coins in connection with any transaction.
C. Single Transactions Above Five Thousand Dollars ($5,000.00). Where a single transaction involves the purchase of one or more goods and/or services, the total price of which (including tax) exceeds five thousand dollars ($5,000.00), a brick-and-mortar business shall accept cash that is proffered as payment for any amount up to five thousand dollars ($5,000.00) but may refuse to accept cash as payment for the remainder of the amount due.
D. Online, Phone, and Mail Transactions. It shall not be a violation of Section 5.98.020 for a brick-and-mortar business to refuse to accept cash if the person is not physically present and the transaction is conducted completely online, by phone, or mail.
E. Pay Stations and Vending Machines. It shall not be a violation of Section 5.98.020 for a brick-and-mortar business to refuse to accept cash for transactions for parking at a parking pay station/meter, or purchases from vending machines including, but not limited to, transactions involving prepaid card dispensing machines. (Ord. 2024-20 § 2, 2024)
5.98.040 Enforcement and Penalties.
A. No Worker Liability. The owner or owner(s) of any brick-and-mortar business shall be liable for ensuring that the business and its employees and independent contractors comply with the obligations set forth in this chapter. No employee or independent contractor working at a brick-and-mortar business shall be held liable for any violation of this chapter.
B. Any violation of this chapter shall be an infraction. (Ord. 2024-20 § 2, 2024)