Chapter 19 — RETAIL GROCERY ITEM PRICE MARKING

• Chapter 19 effective only through June 19, 1982: extended by Ord. 2133 duly adopted by the Council. 5-19.01 Definitions 5-19.02 Item pricing required 5-19.03 Exceptions 5-19.04 Violations: Penalties

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) “Consumer commodity” shall mean: (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, but shall not include 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; and (4) Pharmaceuticals, including non-prescription drugs, bandages, female hygiene products, and toiletries. (b) “Grocery department” shall mean 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. (c) “Grocery store” shall mean a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises. (d) “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 grocery store or grocery department. (e) “Liquor store” shall mean a store with an off-sale liquor license, as defined by State law, engaged primarily in the sale of liquor items. (§ 1, Ord. 2086, eff. June 19, 1980)

Except as otherwise provided in this chapter, every person owning, operating, or managing a retail grocery store, a grocery department within a general retail merchandise store, or a liquor store shall cause to have a clearly readable price indicated on each consumer commodity offered for sale. (§ 1, Ord. 2086, eff. June 19, 1980)

The provisions of § 5-19.02 of this chapter shall not apply to any of the following:

(a) Any unpackaged fresh food produce; (b) Any consumer commodity which is under three (3) cubic inches in size, weighs less than three (3) ounces, and is priced under thirty cents ($0.30); (c) Any consumer commodity offered as a sale item or as a special; (d) 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 (2) other regular employees; (e) Identical items within a multi-item package; (f) Items sold through a vending machine; (g) Any consumer commodity, not including packaged produce, which was not generally item priced as of January 1, 1977, as determined by the State Department of Food and Agriculture; (h) One test store per grocery store chain or ownership, designated as such by a grocery store chain or ownership from among its stores which are currently utilizing automatic check-out systems; and (i) Such further exceptions as may be determined by the Council by resolution. (§ 1, Ord. 2086, eff. June 19, 1980)

Any person violating any provision of this chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by: (a) A fine of not more than Fifty Dollars ($50.00) for the first violation of any provision; (b) A fine of not more than One Hundred Dollars ($100.00) for a second violation of the same provision within one year; and (c) A fine of not more than Two Hundred and Fifty Dollars ($250.00) for each additional violation of the same provision within one year. (§ 1, Ord. 2086, eff. June 19, 1980)