HomeMy WebLinkAboutORD-41-80 REQUIRING READABLE ITEM PRICING IN RETAIL GROCERY STORES AND GROCERY DEPARTMENTSORANGE CITY NEWS: Please publish WEDNESDAY, July 2, 1980 only and ,;end PROm"
and PROOF OF PUBLICATION to City Clerk, P.O. Box 449, Orange, California 92666
MARILYN J. JENSEN , ,CiTY CLERK
ORDINANCE NO. 41-
80 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 5.96
TO TITLE 5 OF THE ORANGE MUNICIPAL
CODE REQUIRING READABLE ITEM PRICING
IN RETAIL GROCERY STORES AND
GROCERY
DEPARTMENTS THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN
AS
FOLLOWS:SECTION
I Chapter 5.96 is hereby added to Title 5 of the Orange
Municipal Code to read as
follows:Section 5.96.010 Readable prices on packaged consumer coltU'
llOdities;exemptions;
definitions.a) Every retail grocery store or grocery department within
a general retail merchandise store 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 consumer commodity which was not generally
item-priced as of January 1, 1977 as determined by
the State of California Department of Food and
Agriculture.2. Any unpackaged fresh food produce, or to cons
Ulner commodities which are under three cubic inches in
size,weigh less than three ounces, and are priced under
thirty cents ($.
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.7. Any consumer-owned cooperative food
store, owned and operated by its members, which sells food to
its members, and not to
the general public.c) For the purposes
of this section:1. "
Consumer commodity" includes:a) Food, including all material whether
so~id, .liquid,or mixed, and whether simple or compound. wh~ch
lS US?d or intended for consumption by human beings
or domest~c animals normally kept as household pets,
and all sub-stances or ingredients added to
any such material for any purpose. This definition shall
not appl~ to individual packages of cigaretts or
b) J;lapkins, facial tissues, toilet tissues foil
wrapp~ng, plastic wrapping, paper toweling, ~nd dis-
posable plates and cups.
c) Detergents, soaps and other cleaning agents.
d) Pharmaceuticals, including nonprescription drugs
bandages, female hygiene products, and toiletries. '
2. ,"Grocery d?partment" means an area within a general
reta~l merchand~se store which is engaged primarily in the
reta~l sales of packaged food, rather than food prepared for
immediate consumption on or off the premises.
3. "Grocery Store" means a store engaged primarily in the
retail sale of packaged food, rather than food prepared for
consumption on the premises.
4. "Sale item or special" means any consumer cornrnodi ty
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.
Section 5.96.020 Violations; civil fines; injunctions.
a) The intentional violation of Section 5.96.010 is punishable by
a civil penalty of not less than Twenty-five Dollars ($25.00)
nor more than Five Hundred Dollars ($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
presump-tion of intent to violate section 5.96.
010.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 Section 5.96.
010.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
depart-ment of the general retail merchandise store and shall
constitute a presumption of intent to violate section 5.96.
010.e) Notwithstanding any other provision of law, any person
may bring an action to enjoin a violation of Section 5.96.
OlD.f) Any person who violates section 5.96.010 shall be liable
to any person injured for any losses and expenses thereby
incurred,and for damages as provided in Section 5.96.020(a) for
intentional violations in addition thereto. The remedies set forth in
this section shall apply only to actions brought on behalf of a
slngle plaintiff and shall not apply to muktiple plaintiffs or class
actions.Section 5.96.030 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.
SECTION 2
AnY pr<;,vision of th';l Orange Municipal Code or appendices thereto
incons~stent therew~th, to the extent of such inconsistencies and
no further, are he~e~y repeale~ or modified to that extent necessary
to affect the prov~s~ons of th~s ordinance.
SECTION 3
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional
by a decision of any court of any competent juriSdiction, such
decision shall not affect the validity of the remaining portions of
the ordinance. The City Council hereby declares that it would have
passed this ordinance and each and every section, subsection,
sentence, clause or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 4
This ordinance shall be effective for a period of 270 calendar days
from the effective date of this ordinance at which time this ordinance
shall be of no further force or effect unless, prior to the expiration
of said periOd, the City Council shall, be resolution, authorize exten-
sion of the effective period of this ordinance. The City Clerk shall
have the duty to inform the City Manager 180 days after the effective
date of this ordinance to begin preparation of a report on the effect-
iveness of this, and similar ordinances which report shall be presented
to the City Council not later than 30 days prior to the expiration
date of this ordinance.
SECTION 5
This ordinance shall be published once within fifteen (15) days after
its passage in the Orange City News, a newspaper of general circulation,
published and circulated in the City of Orange, and shall take effect
thirty (30) days from and after the date of its final passage.
ADOPTED this 24th day of June 1980.
ATTEST:
I _( /.
L.t
C ty Clerk E"~
J'/~-I/:" :../"of
Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange, California,
DO HEREBY CERTIFY that the foregoing ordinance was introduced at a
regular meeting of the City Council held on the 17th day of June
1980, and thereafter at a regular meeting of said City Council duly held
on the 24th day of June 1980, was duly passed and adopted by the
following vote, to wit:
AYES: COUNCILMEN: BARRERA, SMITH, MAYOR BEAM, PEREZ, BEYER.
NOES: COUNCILMEN: NONE.
ABSENT: COUNCILMEN: NONE.
WITNESS my hand and seal this 25th day of June 1980.
572.,u<~~" ;9 ;;:;'d>"t~<"7^V
c/ l.~ c"
Marilyn J. Jensen
City Clerk of the City of Orange