Chapter 5.64
CONSUMER COMMODITIES PRICE MARKING
Sections:
5.64.020 Readable prices on packaged consumer commodities – Exemptions – Definitions.
5.64.030 Liability for losses and expenses.
5.64.040 Unintentional error – No violation.
5.64.060 Violations – Fines – Injunctions.
5.64.010 Definitions.
For the purposes of this chapter, the following words set out in this section are defined as follows:
A. “Automatic checkout system” means a computer capable of reading the universal product code or similar code to determine the price of items being purchased.
B. “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 agents;
4. Pharmaceuticals, including nonprescription drugs, bandages, female hygiene products, and toiletries.
C. “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.
D. “Grocery store” means a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.
E. “Sale item” or “special” means any consumer commodity offered in good faith for a period of seven days or less, on sale at a price below the normal price that item is usually sold for in that store. (Ord. 29 § 1, 1981; CC § 32.701(C))
5.64.020 Readable prices on packaged consumer commodities – Exemptions – Definitions.
A. Every retail grocery store or grocery department within a general retail merchandise store which uses an automatic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale.
B. The provisions of this section shall not apply to any of the following:
1. The following consumer commodities which were not generally item-priced on January 1, 1977, as determined by the Department of Food and Agriculture:
a. Beer, individual containers,
b. Soft drink, individual containers,
c. Candy bars, mints,
d. Dry drink, individual packets (Kool-Aid type),
e. Cigarettes and cigars, either individually or in cartons,
f. Baby food (strained and junior jars) only,
g. Eggs,
h. Frozen novelties (ice cream bars, popsicles, etc.),
i. Ice cream, cartons,
j. Milk, including buttermilk and chocolate drink,
k. Packaged produce,
l. Yogurt;
2. Any packaged fresh food produce, or consumer commodities which are under three cubic inches in size, weigh less than three ounces, and are priced under $0.30;
3. Any consumer commodity offered as a sale item or as a special;
4. 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;
5. Identical items within a multi-item package;
6. Items sold through a vending machine. (Ord. 29 § 1, 1981; CC § 32.701(A, B))
5.64.030 Liability for losses and expenses.
Any person, firm, corporation, or association who violates PMC 5.64.010, 5.64.020 and 5.64.060 shall be liable to any person injured for any losses and expenses thereby incurred. (Ord. 29 § 1, 1981; CC § 32.703)
5.64.040 Unintentional error – No violation.
Improper pricing on the shelf or on the item due to unintentional error shall not constitute a violation of this chapter. (Ord. 29 § 1, 1981; CC § 32.704)
5.64.050 Exclusive remedies.
The remedies set forth in PMC 5.64.030 and 5.64.060 are the exclusive remedies available to any person. (Ord. 29 § 1, 1981; CC § 32.705)
5.64.060 Violations – Fines – Injunctions.
A. The intentional violation of PMC 5.64.010 and 5.64.020 is punishable by a fine of not less than $25.00 nor more than $500.00.
B. Failure to have a clearly readable price indicated on 12 units of the same item of the same commodity shall constitute a presumption of intent to violate PMC 5.64.010 and 5.64.020.
C. Every additional 12 units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate PMC 5.64.010 and 5.64.020.
D. Each day that a violation continues shall also constitute a separate violation after notification thereof to the manager or assistant manager of the retail grocery store or the grocery department of the general retail merchandise store and shall constitute a presumption of intent to violate PMC 5.64.010 and 5.64.020.
E. Any person may bring an action to enjoin a violation of PMC 5.64.010 and 5.64.020. (Ord. 29 § 1, 1981; CC § 32.702)