HomeMy WebLinkAboutCC ORD 1980-1724 Adds § 10.50.010, readable prices on commodities (10.50)ORDINANCE. NO. 1724
AN ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA, PROVIDING FOR READABLE PRICES
ON PACKAGED CONSUMER COMMODITIES
The City Council of the City of National City,
California, does ORDAIN as follows:
Chapter VII, Title 10 of the National City
Municipal Code of the City of National City, California,
is hereby amended by adding thereto Section 10.50.010
to read as follows:
Section 10.50.010. Readable prices on packaged
consumer commodities.
a. Definitions.
1. 'Automatic check out 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
tissue, foil wrapping, plastic wrapping, paper
toweling and disposal plates and cups.
(c) Detergents, soaps and other cleaning
agents.
(d) Pharmaceuticals, including non-
prescription drugs, bandages, female hygiene prod-
ucts and toiletries.
3. 'Grocery department' is 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' is 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 is usually sold for in that
store.
b. Package labeling requirements.
Every retail grocery store or grocery depart-
ment 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.
c. 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 Agri-
culture:
(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 individ-
ually 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
(1) Yogurt
2. Any unpackaged fresh food produce or to
consumer commodities that are under three cubic
inches in size, weighing less than three ounces
and 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.
d. Violations and penalties.
1. The intentional violation of this section
shall be an infraction.
2. Failure to have a clearly readable price
indicated on twelve units of the same item or of
the same item of the same commodity shall constitute
a presumption of intent to violate this section.
3. Every additional twelve units of the same
item that fail to have an indicated price on them
shall constitute a presumption of intent to violate
this section.
4. Each day that a violation continues shall
also constitute a separate violation after notifica-
tion 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
section.
5. Notwithstanding any other provision of law,
any person may bring an action to enjoin a violation
of this section.
e. Liabil.ity.
Any person, firm, corporation, or association
who violatesthis section shall be liable to any person injured
for any losses or expenses thereby incurred and for the sum of
fifty dollars ($50.00) in addition thereto. The remedy set
forth herein 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.
f. Unintentional error.
Improper pricing on the shelf or on the item
due to unintentional error shall not constitute a violation of
this section.
g. The remedies set forth in this section are the
exclusive remedies available to any person for violation of
this section.
PASSED AND ADOPTED this
ATTEST:
22 day of July, 1980.
Passed and adopted by the Council of the City of National City, California,
on July 22, 1980 by the following vote, to -wit:
Ayes: Councilmen Camacho, Dalla, Van Deventer, Waters, Morgan.
Nays: Councilmen None.
Absent: Councilmen None.
Abstain: Councilmen Nnne .
AUTHENTICATED BY:
KILE MORGAN
Mayor of the City of National City, California
CAMPBEL
City Clerk of ),die City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the day of its introduction
and the day of its final passage, to wit, on July 15 1980
and on July 22, 1980.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council, and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. 1724 of the City of National City, passed
and adopted by the Council of said City on July 2 2 , 1980
(Seal)
By:
City Clerof the City of Nations City, California
Deputy