Chapter 5.124

CONSUMER PROTECTION AND BUSINESS REGULATIONS

Title 8, Consumer Protection and Business Regulations, Division 2, Business Regulations, of the Los Angeles County Code, as amended and in effect on December 8, 1986 is hereby adopted by reference as the Business Regulations of the City of West Hollywood.

A copy of the Business Regulations has been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public. (Prior code § 6372; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)

A violation of this Article 3 is subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code. Where the violation is of a continuing nature, each day or portion thereof wherein the violation continues constitutes a separate and distinct violation. (Prior code § 6373; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991; Ord. 97-489 § 8, 1997; Ord. 97-507 § 16, 1997)

Notwithstanding the provisions of Section 5.124.010, Los Angeles County Code Chapters 8.08, 8.24 and 8.28 and Los Angeles County Code Section 8.36.040 of the Business Regulations are hereby repealed.

(Prior code § 6374; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991; Ord. 92-322 § 2, 1992)

Notwithstanding the provisions of Section 5.124.010, Los Angeles County Code Section 8.36.060A of the Business Regulations is amended and a new Section 8.36.060C, is added to read:

The following words and phrases in this section shall have the significance attached to them in this chapter unless otherwise clearly apparent from the context:

"Advertising matter" shall mean any broadside, booklet, card, circular, dodger, handbill, poster, newspaper, or other advertising medium of similar nature advertising, offering, proposing or soliciting the sale or transfer for consideration of any product, merchandise, commodity, property, business or service, excluding, however, advertising matter included with mail delivery and any newspaper eligible for entry as second-class matter under the provisions of the United States Post Office regulations of March 3, 1879, and other regulations and statutes of the United States.

"Private property" shall mean any parcel of real property in the city, including any improvements thereon, and not dedicated to use by the public.

(Prior code § 6375.5; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)

No person shall distribute or cause to be distributed any advertising matter in or upon private property when:

• a. There is erected a printed sign in a conspicuous place upon the property containing the words "NO ADVERTISING MATTER – NO SOLICITING," or words substantially similar thereto. Such sign or notice shall be maintained in a place on such property where it is unobstructed from view and as near the main entrance thereof as possible. The language in said sign shall be at least two inches high, composed of letters printed in the English language so as to be clearly visible; provided, however, that advertising matter may be distributed in, or upon, private property even though the sign above referred to is so maintained when the person distributing such advertising matter has first obtained the written consent of the person in charge or possession of the property upon which such advertising matter is distributed; or

• b. It is apparent that the property is unoccupied; or

• c. It is apparent that a previous day's distribution of advertising matter has not been removed. (Prior code § 6375.6; Ord. 94-407 § 1, 1994)

For purposes of this section, the following words and phrases shall have the following meanings:

"Consumer" shall mean every person who, for his or her use or consumption, purchases wine coolers or spirit coolers in a container from a dealer in the city for off-premises consumption.

"Container" shall mean any sealed device, however denominated, made of glass, metal, plastic, or other material or any combination of materials, which directly holds or contains wine coolers or spirit coolers. Container does not include cups or other similar open or loosely sealed receptacles.

"Dealer" shall mean any person who engages in the sale to a consumer of wine coolers or spirit coolers in a container or containers in the city for off-premises consumption.

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City of West Hollywood, CA § 5.124.070

WEST HOLLYWOOD CODE

§ 5.124.080

"Empty" shall mean a container which is all of the following:

• Has the original seal or closure broken or removed;

2. Does not contain foreign materials other than the residue of wine cooler or spirit cooler originally packaged in the container;

• Bears the refund value marking pursuant to subsection (c) of Section 5.124.080;

• Is not broken, crushed, or dismembered.

"Distributor" shall mean any person who engages in the sale of wine coolers or spirit coolers in a container or containers to a dealer in the city. Distributor includes any person who imports or otherwise transports wine coolers or spirit coolers in containers from outside the city for sale to a dealer in the city.

"Place of business" shall mean the location at which a dealer sells, or offers for sale, wine coolers or spirit coolers in a container or containers. "Place of business" as used herein with respect to a distributor shall mean any location from which said distributor directly transports wine coolers or spirit coolers in containers to any dealer, if said location is within the state of California.

"Sale" (or "sold" or "sell") shall mean any commercial transaction by any dealer in which wine coolers or spirit coolers in a container or containers are transferred to a consumer for a monetary consideration for the purpose of off-premises consumption, or any commercial transaction by which a distributor transfers wine coolers or spirit coolers in a container or containers to a dealer for a monetary consideration for the purpose of sale by the dealer for off-premises consumption.

"Spirit cooler" shall mean a liquid intended for human consumption containing distilled spirits to which is added concentrated or unconcentrated juice or flavoring material and containing not more than eight percent alcohol by volume.

"Wine cooler" shall mean a liquid intended for human consumption containing wine to which is added concentrated or unconcentrated juice or flavoring materials and containing not more than seven percent alcohol by volume.

(Prior code § 6376; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)

• a. Every wine cooler or spirit cooler container sold or offered for sale by a distributor to a dealer for sale by the dealer shall have a refund value of not less than five cents ($.05) for redemption by a dealer from the distributor.

• b. It shall be unlawful for a distributor to knowingly sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the dealer within the city and for a dealer to purchase such a container for such purposes from a distributor unless the distributor charges and the dealer agrees to pay a refund value of five cents ($.05).

• c. Every wine cooler or spirit cooler container sold or offered for sale by a dealer within the city shall clearly indicate by embossing or by a stamp or label or other method, securely affixed to the container by the distributor, that the container has a refund value of five cents ($.05).

• d. It shall be unlawful for a distributor to knowingly sell or offer to sell a cooler or spirit cooler container to a dealer for sale by the dealer within the city and for a dealer to purchase

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.124.080

§ 5.124.120

such a container for such purposes or to store or offer to sell such a container for such purposes unless the container is embossed, stamped or labeled with, or by other method indicates, the message required by subsection (c) of this section.

(Prior code § 6377; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)

• a. Every cooler or spirit cooler container sold or offered for sale by a dealer within the city shall have a refund value of five cents ($.05) for redemption by a consumer from the dealer.

• b. It shall be unlawful for a dealer to sell or offer to sell a cooler or spirit cooler container within the city unless the dealer charges a refund value of five cents ($.05).

• (Prior code § 6378; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)

It shall be unlawful for a distributor to refuse to accept from a dealer any empty wine cooler or spirit cooler container which has been marked in the manner prescribed by subsection (c) of Section 5.124.080 of the kind, size, and brand sold by the distributor, or to refuse to pay to the dealer a refund value for such container of five cents ($.05).

(Prior code § 6379; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)

• a. It shall be unlawful for a dealer who sells cooler or spirit cooler containers to refuse to redeem a wine cooler or spirit cooler container from a consumer or refuses to pay a refund value for the container of five cents ($.05) to the consumer, when the request for redemption is made at the dealer's place of business within the city and the container is embossed, stamped, or labeled with, or by other method indicates, a message that the container has a refund value, unless either:

  1. The container is not empty;

  2. The container contained a brand or type of wine cooler or spirit cooler which the dealer is not offering for sale at the time the redemption is requested and has not offered for sale for a period of at least ninety days.

• b. A dealer shall be considered in compliance with this section if it accepts cooler or spirit cooler containers for redemption at redemption facilities and centers established pursuant to the California Beverage Container Recycling and Litter Reduction Act.

• (Prior code § 6380; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)

The City Manager or the City Manager's designated representative is authorized to enter the business premises during business hours of any dealer engaged in the sale of wine coolers or spirit coolers in containers in the city for the sole purpose of inspecting said premises and determining whether the dealer is in compliance with this section. (Prior code § 6381; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.126.010

§ 5.126.030