Chapter 5.64
CONSUMER COMMODITIES
PRICE MARKING

Sections:

5.64.010    Purpose and intent.

5.64.020    Definitions.

5.64.030    Consumer commodity item pricing.

5.64.040    Violations – Civil fines, injunctions.

5.64.050    Liability for losses and expenses – Additional penalty – Applicability to single plaintiff – Inapplicability to multiple plaintiff or class actions.

5.64.060    Unintentional error – No violation.

5.64.070    Exclusive remedies.

5.64.010 Purpose and intent.

It is the purpose and intent of this chapter to provide within the city a requirement for visible pricing on packaged consumer commodities to alleviate (a) consumer concern for potential computer error, inadvertent or otherwise; and (b) difficulties presented to consumers who would otherwise have no visible price on the product to refer to for shopping and budgetary purposes. (Ord. 1913 § 1, 1980).

5.64.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:

A. “Automatic checkout system” means an electronic system employing a scanning device combined with a computer and a register to read a universal product code or similar code on packaging to determine and display and total the costs of items 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. Paper and plastic products, such as, but not limited to, 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. “Grocery chain” means a part or all of a company consisting of three or more individual grocery stores or merchandise stores containing grocery departments.

F. “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. 1913 § 1, 1980).

5.64.030 Consumer commodity item pricing.

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. Any unpackaged fresh food produce, or to consumer commodities which are under three cubic inches in size, weigh less than three ounces, and are priced under $0.30;

2. Any consumer commodity offered as a sale item or as a special;

3. 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;

4. Identical items within a multi-item package;

5. Items sold through a vending machine;

6. Any consumer commodity which was generally not item priced on January 1, 1977, as determined by the California Department of Consumer Affairs, as follows:

a. Beer, individual containers,

b. Soft drinks, individual containers,

c. Candy bars, mints,

d. Dry drink, individual packets (Koolaid 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 bar, popsicles, etc.),

i. Ice cream, cartons,

j. Milk, including buttermilk and chocolate drink,

k. Packaged produce,

l. Yogurt. (Ord. 1913 § 1, 1980).

5.64.040 Violations – Civil fines, injunctions.

A. It is unlawful to intentionally violate the provisions of CVMC 5.64.030.

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 CVMC 5.64.030.

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 CVMC 5.64.030.

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 CVMC 5.64.030.

E. Any person may bring an action to enjoin a violation of CVMC 5.64.030. (Ord. 2506 § 1, 1992; Ord. 1913 § 1, 1980).

5.64.050 Liability for losses and expenses – Additional penalty – Applicability to single plaintiff – Inapplicability to multiple plaintiff or class actions.

Any person, firm, corporation, or association who violates CVMC 5.64.030 and 5.64.040 shall be liable to any person injured for any losses and expenses thereby incurred, and for the sum of $50.00 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. 1913 § 1, 1980).

5.64.060 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. 1913 § 1, 1980).

5.64.070 Exclusive remedies.

The remedies set forth in CVMC 5.64.040 and 5.64.050 are the exclusive remedies available to any person. (Ord. 1913 § 1, 1980).