Martinez Municipal Code Ch. 5.59 Item Price Marking on Packaged Consumer Commodities

Unless otherwise specifically provided or required by the context, the following terms have the indicated meanings in this ordinance.

A.

"Customer commodity"

means any of the following:

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, but excluding individual packages of cigarettes and individual cigars.

Foil wrapping and paper and plastic products, including but not limited to napkins, facial tissue, toilet tissue, plastic wrapping, paper towels, and disposable plates and cups.

Detergents, soaps, and other cleaning agents.

Pharmaceuticals, including non-prescription drugs, bandages, hygiene products and toiletries.

B.

"Grocery store"

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

C.

"Grocery department"

means 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.

D.

"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.

A. Price mark required. Every owner, operator, manager, or person in charge of a grocery store or grocery department shall cause to have a clearly readable price indicated on each package consumer commodity offered or displayed for sale on or after January 1, 1980;

B. Exceptions. This requirement does not apply to:

1. Any unpackaged or unwrapped fresh food produce;

2. Any consumer commodity under three cubic inches in size and weighing less than three ounces and priced for less than thirty cents ($0.30);

3. 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 than two other persons employed on a regular schedule for a continuing period of time;

4. Identical items within a multi-item package, which is price marked;

5. Items sold through a vending machine; and

6. Sale items or specials.

C. Waiver. Upon application to the City Council, the requirements of this ordinance may be waived provided that the applicant can demonstrate a proposed pricing system with the ability to provide a more cost efficient operation and to provide for consumer protection.

The requirements specified in this ordinance shall terminate on December 31, 1986.

A. Violations. Every failure or omission to have a clearly readable price as required by this ordinance indicated on six or more units of the same item of the same commodity is an infraction;

B. Civil enforcement. Any person may seek civil enforcement of this ordinance;

C. Liability for violations. Any person who violates this ordinance shall be liable to any person injured for any losses and expenses thereby incurred and for the sum of fifty dollars ($50.00) 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. 934 C.S. § 1, 1980)