Chapter 5.56
RETAIL PRICE MARKING
Sections:
5.56.020 Price marking requirements.
5.56.010 Definitions.
The following definitions shall apply to this chapter:
“Automatic checkout system” means an electronic system employing a scanning device combined with a computer and a register to read the universal product code or similar code on packaging and display and total the cost of the items purchased.
“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.
“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.
“Grocery store” means a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.
“Liquor store” means a store with an off-sale liquor license, as defined in state law, engaged primarily in the sale of liquor resale.
“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 the item is usually sold for in that store. (Ord. 550 § 1, 1980; prior code § 5-303(D))
5.56.020 Price marking requirements.
A. Every retail grocery store or grocery department within a general retail merchandise store or liquor store not using an automatic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale from and after the effective date of the ordinance codified in this chapter.
B. Every retail grocery store or grocery department within a general retail merchandise store or liquor store which uses an automatic checkout system shall cause to have a clearly readable price conspicuously displayed on a shelf-tag where the item is shelved rather than indicated on each packaged consumer commodity offered for sale. Each grocery store or liquor store with automatic checkout systems shall cause to have a clearly readable price and description of each item displayed and totaled on the register receipt. (Ord. 550 § 1, 1980; prior code §§ 5-303(A) and (B))
5.56.030 Exemptions.
The provisions of SMC 5.56.020 shall not apply to any of the following:
A. Any consumer commodity which was not generally item-priced on January 1, 1977, as determined by the Department of Food and Agriculture pursuant to subdivision (c) of Section 12604.5 of the Business and Professions Code, as effective July 8, 1977;
B. 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;
C. Any consumer commodity offered as a sale item or as a special;
D. Identical items within a multi-item package;
E. Items sold through a vending machine;
F. 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. (Ord. 550 § 1, 1980; prior code § 5-303(C))
5.56.040 Liability.
Any person, firm, corporation, or association who violates SMC 5.56.020 and 5.56.050 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. 550 § 3, 1980; prior code § 5-305)
5.56.050 Violation – Penalty.
A. The intentional violation of any of the provisions of SMC 5.56.020 is an infraction, punishable as provided in SMC 1.16.030.
B. Failure to have a clearly readable price indicated on twelve units of the same item of the same commodity, or failure to have a clearly readable price conspicuously displayed on a shelf-tag where the item is shelved, rather than indicated on each packaged consumer commodity offered for sale where an automatic checkout system is used, shall constitute a presumption of intent to violate SMC 5.56.020. In addition, each grocery store or liquor store with automatic checkout systems shall cause to have a clearly readable price and description of each item displayed and totaled on the register receipt.
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 SMC 5.56.020.
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 or liquor store and shall constitute a presumption of intent to violate SMC 5.56.020. (Ord. 623 § 2, 1982; Ord. 589 § II(16), 1981; Ord. 550 § 2, 1980; prior code § 5-304)