4-17 PRICE MARKING CONSUMER GOODS.

As used in this section:

Consumer commodity shall mean any of the following:

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 by domestic animals normally kept as household pets, and all substances or ingredients added to any such material for any purpose, but excluding individual packages of cigarettes and individual cigars;

b. Foil wrapping and paper and plastic products, including, but not limited to napkins, facial tissues, toilet tissues, plastic wrapping, paper toweling, and disposable plates and cups;

• c. Detergents, soaps, and other cleaning agents;

• d. Pharmaceuticals, including nonprescription drugs, bandages, hygiene products, and toiletries.

Grocery department shall mean an area within a retail store which area is used primarily in the retail sale of packaged food, as distinguished from food prepared for immediate consumption on or off the premises.

Grocery store shall mean a store engaged primarily in the retail sale of packaged food, as distinguished from food prepared for consumption on the premises.

Sale item or special shall mean any consumer commodity offered in good faith for a period of seven (7) days or less, on sale at a price below the normal price that item is usually sold for in that store. (Ord. #15, §1[4])

Every owner, operator, manager, and person in charge of a grocery store or grocery department shall cause to have a clearly readable price indicated on each packaged consumer commodity offered or displayed for sale on or after April 1, 1980.

(Ord. #15, §1[4])

This requirement does not apply to:

• a. Any unpackaged unwrapped fresh food produce;

b. Any consumer commodity under three (3) cubic inches in size and weighing less than three (3) ounces and priced for less than thirty ($.30) cents.

c. Any grocery 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 then two (2) other persons employed on a regular schedule for a continuing

period of time;

• d. Identical items within a multi-item package which is price marked;

• e. Items sold through a vending machine; and

• f. Sale item or special.

(Ord, #15, §1[4])

Every failure or omission to have a clearly readable price, as required by this section, indicated on six (6) or more units of the same item of the same commodity is an infraction.

(Ord. #15, 1[4])

Any person may seek civil enforcement of this section.

(Ord. #15, §1[4])

Any person who violates subsections 4-17.2 or 4-17.3 shall be liable to any person injured for any losses and expenses thereby incurred, and for the sum of fifty ($50.00) dollars in addition thereto. This remedy applies only to actions brought by or on behalf of a single plaintiff (including any governmental agency) and not to multiple plaintiffs or class actions.

(Ord. #15, §1[4])