Chapter 9.40
AUTOMATIC CHECKOUT SYSTEMS
Sections:
9.40.010 Stores using system required to have readable price on each package—Exceptions.
9.40.020 Penalty for failure to mark package with readable price.
9.40.030 Liability to injured person for losses and expenses incurred—Applicability of remedy.
9.40.040 Improper pricing due to unintentional error as not constituting violation.
9.40.010 Stores using system required to have readable price on each package—Exceptions.
A. For the purposes of this section:
1. “Automatic checkout system” means a computer capable of reading the universal product code or similar code to determine the price of items being purchased.
2. “Consumer commodity” includes:
a. 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;
b. Napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper toweling, and disposable plates and cups;
c. Detergents, soaps and other cleaning agents;
d. Pharmaceuticals, including nonprescription drugs, bandages, female hygiene products, and toiletries.
3. “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.
4. “Grocery store” means a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.
5. “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. The Department of Food and Agriculture shall determine the normal sale length for consumer commodities in stores regulated pursuant to this chapter, and that period shall be used for the purposes of this section. The department’s determination as to the normal length of a sale shall be binding for the purposes of this section, but each such determination shall not exceed seven days.
B. 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 in the city, commencing January 1, 1980.
C. The provisions of this section shall not apply to any of the following:
1. Any consumer commodity which was not generally item priced on December 31, 1979, as previously provided by Section 13300(b)(1) of the California Business and Professions Code;
2. Any unpackaged fresh food produce, or consumer commodities which are under three cubic inches in size, weigh less than three ounces, and are priced under thirty cents;
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. 762 § 1, 1979)
9.40.020 Penalty for failure to mark package with readable price.
A. The intentional violation of this chapter is punishable by a civil penalty of not less than twenty-five dollars nor more than five hundred dollars.
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 this chapter.
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 this chapter.
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 this chapter.
E. Notwithstanding any other provision of law, any person may bring an action to enjoin a violation of this chapter. (Ord. 762 § 2, 1979)
9.40.030 Liability to injured person for losses and expenses incurred—Applicability of remedy.
Any person, firm, corporation, or association who violates this chapter 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 is applicable only to actions brought in the name of, and on behalf of, a single plaintiff and shall not be applicable in multiple plaintiff or class actions. (Ord. 762 § 3, 1979)
9.40.040 Improper pricing due to unintentional error as not constituting violation.
Improper pricing on the shelf or on the item due to unintentional error shall not constitute a violation of this chapter. (Ord. 762 § 4, 1979)
9.40.050 Exclusive remedies.
The remedies set forth in this chapter are the exclusive remedies available to any per-son, state or local agency or law enforcement official. (Ord. 762 § 5, 1979)