Shasta County Municipal Code Ch. 5.24 Unfair Pricing Practices During States of Emergency

The purpose of this chapter is to prohibit excessive and unjustified increases in the prices of essential consumer goods and services when a declared state of emergency results in abnormal disruptions of the market. In furtherance of that purpose, this chapter is intended to apply to declarations of a local or national emergency, even as to emergencies outside the jurisdiction of the county of Shasta, which lead to excessive and unjustified increases in the prices of goods and services vital and necessary for the health, safety, or welfare of consumers within Shasta County.

(Ord. 2005-6 § 1 (part), 2005)

For the purposes of this chapter, the following definitions shall apply:

"Board of supervisors" means the Shasta County board of supervisors.

"Building materials" means lumber, construction tools, windows, and anything else used in the building, securing, or rebuilding of real property.

"Chapter" means Chapter 5.24 of the Shasta County Code.

"Code" means the Shasta County Code.

"Consumer food item" means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal.

"County" means the county of Shasta.

"Emergency supplies" means and includes (but is not limited to) water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, tarps, nails, and hammers.

"Gasoline" means any fuel used to power any motor vehicle or power tool.

"Goods" means tangible chattels bought for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of the real property whether or not severable therefrom, but does not include any vehicle required to be registered under the Vehicle Code, nor any goods sold with this vehicle if sold under a contract governed by Section 2982 of the Civil Code, and does not include any mobile home, as defined in Section 18008 of the Health and Safety Code, nor any goods sold with this mobile home if either are sold under a contract subject to Section 18036.5 of the Health and Safety Code.

"Housing" means any rental housing.

"Local emergency" means a natural or man-made disaster or emergency resulting from an earthquake; flood; fire; riot; terrorist attack; chemical spill, poison spill, or release of explosive gas due to intentional acts, accident, or failed containment equipment; or storms for which a state of emergency has been declared by the board of supervisors, the Shasta County chief executive officer, or the executive or governing body of any city, county, or parish in the United States.

"Medical supplies" means and includes (but is not limited to) prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.

"Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company, or combination of the above in whatever form or character.

"Repair or reconstruction services" means services performed by any person who is required to be licensed under the Contractors' State License Law (Chapter 9 [commencing with Section 7000] of Division 3 of the Business and Professions Code), for repairs to residential or commercial property of any type that is damaged as a result of a disaster or emergency.

"State of emergency" means a natural or man-made disaster or emergency resulting from an earthquake; flood; fire; riot; terrorist attack; chemical spill, poison spill, or release of explosive gas due to intentional acts, accident, or failed containment equipment; or storms for which a state of emergency has been declared by the President of the United States anywhere within the United States or the territories thereof; by the Governor of California or by the governor or executive authority of any other state; or by the executive authority or officer of any county, city, or city and county located in the state of California.

"Transportation, freight, and storage services" means any service that is performed by any person who contracts to move, store, or transport personal or business property or rents equipment for those purposes.

(Ord. 2005-6 § 1 (part), 2005)

A. Upon the declaration of a state of emergency or local emergency, and for a period of thirty days following that declaration, it is unlawful for any person to sell or offer to sell any consumer food item; or goods; goods or services used for emergency cleanup; emergency supplies; medical supplies; home heating oil or propane; building materials; housing; transportation; freight and storage services; and gasoline, other motor fuels, or lubricants for a price of more than ten percent above the price charged by that person for those goods or services immediately prior to the declaration of a state of emergency.

B. Notwithstanding subsection A of this section, a price increase of more than ten percent after the declaration of a state of emergency or local emergency is not unlawful if the price increase is directly attributable to additional costs imposed by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the goods or services, provided that the price charged is no more than ten percent above the total of the cost to the person plus the markup customarily applied by the person for the goods or service in the usual course of business immediately prior to the declaration of a state of emergency or local emergency.

C. Notwithstanding subsection A of this section, it is not unlawful for a person offering goods or a service at an advertised reduced price immediately prior to the declaration of a state of emergency or local emergency to use the price at which the goods or service were usually sold as the basis for determining the maximum allowable price increase permitted by subsection A of this section.

(Ord. 2005-6 § 1 (part), 2005)

The board of supervisors may, by resolution, extend for additional thirty-day periods the prohibitions of this chapter upon a finding that each extension is necessary for the protection of the public health, welfare, and safety.

(Ord. 2005-6 § 1 (part), 2005)

A. A violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.08 of this code.

B. Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, allows, or causes a violation thereof.

C. This chapter is a regulatory provision necessary for the protection of the public health, welfare, and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge of the violation or criminal intent.

D. A violation of any provision of this chapter constitutes a public nuisance.

E. A violation of any provision of this chapter constitutes an unlawful business practice and an act of unfair competition within the meaning of Section 17200 of the Business and Professions Code.

F. The remedies and penalties provided by this chapter are cumulative to each other and to the remedies and penalties provided for by county ordinance or state law.

(Ord. 2005-6 § 1 (part), 2005)