Ventura Municipal Code Ch. 6.250 Automatic Checkout Systems

A. Definitions. For purposes of this section, the following definitions shall apply:

“Automatic checkout system” means an electronic system employing a scanning device combined with a computer and register to read a universal product code or similar code on packaging and display and total the cost of the items purchased.

“Consumer commodity” means 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 domestic animals normally kept as household pets, and all substances or ingredients added to any such material for any purpose. This definition shall not apply to individual packages of cigarettes or individual cigars.

b. 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.

c. Detergents, soaps and other cleaning agents.

d. Pharmaceuticals, including nonprescription drugs, bandages, 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.

B. Item Prices. Every retail grocery store or grocery department within a general retail merchandise store which uses an automatic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale on or after June 30, 1980; however, this requirement shall not apply to:

1. Any unpackaged fresh food produce;

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

5. Items sold through a vending machine.

C. Presumptions. Failure to have a clearly readable price indicated on 12 units of the same item of the same commodity shall constitute a presumption of intent to violate this section. Every additional 12 units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate this section.

D. Injunctive Relief. Any person may bring an action in any court of competent jurisdiction to enjoin a violation of this section. Persons violating this section shall be liable to any person injured for losses and expenses and attorney’s fees incurred as a result of the violation and for the sum of $50.00 in addition thereto. This remedy shall apply only to actions brought by or on behalf of a single plaintiff and shall not apply to multiple plaintiffs or class actions. (Code 1971, § 6245.5)