El Centro Municipal Code Art. IV Grocery Stores: Readable Item Price Marking on Packaged Consumer Commodities

As used in this article, the following words and phrases shall have the following meanings unless otherwise stated:

Automatic checkout system means an electronic system capable of reading a universal product code or similar code to determine, among other things, the price of items being purchased.

Consumer commodity includes, but is not limited to:

(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 of 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 disposable plates and cups.

(c) Detergents, soaps and other cleaning agents.

(d) 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.

Person includes any individual, firm, corporation, partnership, association or other organization, group or combination acting as a unit.

Sale item or special means any consumer commodity offered in good faith for some appropriate time period, on sale at a price below the normal price that item is usually sold for in that store.

(Ord. No. 80-8, § 1)

(a) Every grocery store or grocery department which uses an automatic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity.

(b) The provisions of this section shall not apply to any of the following:

(1) Any unpackaged fresh food produce.

(2) Any consumer commodities which are under three (3) cubic inches in size, weigh less than three (3) ounces and are priced under thirty cents ($0.30).

(3) Any consumer commodity offered as a sale item or special.

(4) Any business which has as its regular employees, the owner thereof, of the parent, spouse, or child of such owner, or, in addition thereto, not more than two (2) other persons employed on a regular schedule for a continuing period of time.

(5) Identical items within a multi-item package.

(6) Items sold through a vending machine.

(Ord. No. 80-8, § 1)

(a) Any person intentionally violating any of the provisions of this article shall be deemed guilty of an infraction. Every violation determined to be an infraction is punishable by:

(1) A fine not exceeding fifty dollars ($50.00) for a first violation;

(2) A fine not exceeding one hundred dollars ($100.00) for a second violation of the same article within one year;

(3) A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same article within one year.

(b) Failure to have a clearly readable price indicated on twelve (12) units of the same item of the same commodity shall give rise to a rebuttable presumption of intent to violate the provisions of this article.

(c) Each additional twelve (12) units of the same item that fail to have a clearly readable price indicated on them shall constitute a separate violation of the provisions of this article.

(d) Each day that a violation continues after notification thereof by any person to the assistant manager or manager of the grocery store or grocery department shall constitute a separate violation and shall constitute a rebuttable presumption of intent to violate the provisions of this article.

(Ord. No. 80-8, § 1)