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Home My WebLink AboutCC Ord 1080 1980-02-25 ',} .,.. " I I I '" '. '. ORDINANCE NO. /6' ff:J' AN ORDINANCE OF THE CITY OF SEAL BEACH REQUIRING ITEM PRICING IN RETAIL GROCERY STORES AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. California is hereby to read: The Code of the City of Seal Beach, amended by adding Chapter llC thereto CHAPTER lIC ITEM PRICING IN RETAIL GROCERY STORES Sec. llC-l. Definitions. , , f a. Automatic Checkout System. An electronic system ~mploying a scanning device combined with a computer and register to read a universal product code or similar code o~ packaging and display and total the cost of the items purchased. b. Consumer Commodity. (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. This definition shall not apply to 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. (41 Pharmaceuticals, including nonprescription drugs, bandages, hygiene products, and toiletries. c. Grocery Department. 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. ( d. Grocery Store. A store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises. e. Person. An individual, firm, corporation, partnership, association, or other organization, group or combination acting as a unit. ~ I I I -. '. TJP4-26A Ordinance Number f. Sale Item or Special. Any consumer commodity offered in good faith for some appropriate time period, on sale at a price below the normal price that item is usually sold for in that store. Sec. llC-2. Item Prices. Every retail grocery store or grocery departme~~l within a general retail merchandise store ',Il.iVA Jill!!! ai, ,'7" ynl-I'u"""';,, ,..h......lr^n.... "':-. LLffi shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale provided, however, that said requirement shall not apply to: a. Any unpackaged fresh food produce1 b. Any consumer commodity under three cubic inches in size and weighing less than three ounces and priced for less than thirty cents ($0.30)1 c. 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 time1 d. Identical items within a multi-item package1 e. Items sold through a vending machine1 f. Any consumer commodity which was not generally item-priced as of January 1, 1977, as determined by the State of California Department of Food and Agriculture1 g. Any consumer commodity offered as a sale item or as a special. Sec. llC-3. Penalty. a. Any person intentionally violating any of the provisions of Sec. llC-2 of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than $25.00 and not more than $500.00. b. Failure to have a clearly readable price indicated on twelve (12) units of the same item of the same commodity shall give rise to a rebuttable presumption of intent to violate Sec. llC-2. c. Each additional twelve (12) units of the same item that fail to have a price indicated on them shall constitute a separate violation of Sec. llC-2. d. Each day that a violation continues after notification thereof by any person to the grocery store or department manager or assistant manager shall constitute a separate violation and shall constitute a presumption of intent to violate Sec. llC-2. -2- I I I ~ " . .. .... Ordinance Number TJP4-27A . ~ e. Notwithstanding any other provision of law, any person may bring an action to enjoin a violation of Sec. llC-2. f. Any person who violates Sec. llC-2 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. The remedies set forth in this section shall apply only to actions brought on behalf of a single plaintiff and shall not apply to multiple plaintiffs or class actions. Sec. llC-4. Unintentional Error. Improper pricing on the shelf or on the item due to unintentional error shall not constitute a violation of this chapter. Sec. llC-5. Publication. Before the expiration of fifteen (15) days after the passage thereof, this Ordinance shall be published once in a newspaper of general circulation published in the City of Seal Beach, California. ~ PASSED, APPROVED ~1!J7 ' 1980. , . d5.Jl AND ADOPTED thlS - day of - ~~O;- ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach, California do hereby certify that the foregoing ordinance was int oduced at a meeting of the City Council held on the I'I'~h ~ay of , 1980 and adopted at a meeting thereof e d on the , 1980, by the following vo e: AYES: Councilme NOES: ABSENT: Councilmen Councilmen , ~.~~l~. jY'o/ C er -3- , I ,. , PROOF OF PUBLICATION (2015.5 C.C.P.) STAl'E OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or Interested in the above-entitled matter. I am the principal clerk of the printer of the .~~.l:.-.~h..k~.~~.. .................................................... a newspaper of general circulation, printed and published .....~~~K~~............ in the City of .~~~~...... County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under thedateof.~., 19 !v1, . .1<(-~~:.1.. . Case Number n....... .'l....?..; that the notice, of which the ;annexed is a printed copy (set in type not smaller than nonpareil I, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ""'VII.... S .................................................... all in the year 19.~~. I certify (o~ declare) under penalty of perjury that the foregoing is true and correct. . I Dated at .....~~.\..~.~~......... california,SC3'" .....dayof........, 19...... J ~ ~~ ~............ ............................ Signature Free COllie. of this blink form m.y be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 210 South Spring St., Los Angeles, Calif. 90012 Telephone: 625-2141 Pie... request GENERAL Proof of PubllCl'lon when orderlnq this farm. Ordinance Number This space is for the County Clerk's Filing Stamp Proof of Publ ication of .......~k.~.~..~Q~:f.~.~~ Paste Clipping of Notice SECURELY In This Space SUMMARY. DRDIN,PiCE NUMBER 1080 REOUIRING ITEM PRICING IN RETAIL GROCERY STORES Ordll\8nce Number 1080 of the Clly 01 Seal Beach received' second reading and was adopted al the regular City Counc.1 meeting 0' February 25. 1980, reqUiring lIem Pricing In relall grocery stores. Copies of Orchnance I Number 1080 are available In the alflee 0' the Cily Clerk. 211 _ 8th Streel, Seal Beach. telephone 431- 2527 DATED THIS 27th day of February 19l1D . Jerdys Weir. Clly Clerk CIIV of Seal Beach .1" "" I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the S.~..~~h..~lI:'.-:,\~.l;-;-;-. .................................................... a newspaper of general circulation, printed and published ...w~.~K\~............. in the City of ..~.~~.L~~t;-:~..... County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, underthedateof.~ 191e1', Case Number tA.~ ~s.~..; that the notice, of which the;anneXed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to-wit: - t--e\o <:k> .................................................... all in the year 19.~. I certify (or declarel under penalty of per;ury that the foregoing is true and correct . I Dated at...~~~.~.c:h.:-........... California,t.~~.~. ~~~......................... Signature F.... caple. of this blank form may bel_cured from; CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 210 South Spring St., Los Angeles, Calif. 90012 Telephone: 625-2141 Pleale reQues' GENERAL Proof., PubllCltlon when orderln" this form. Ordinance Number , This space is for the County Clerk's Filing Stamp Proof of Publication of -::;e.P.r \ ~Q.A<..'" ~~\.,) ,<,11\ VI L- .......................................................... .......................................................... Paste Clipping of Notice SECURELY In This Space SUMMARY ORDINANCE NUMBER 1080 REQUIRING ITEM PRICING IN RETAIL GROCERY STo,.eS Ordinance Number 108001 the City of ! Seal Beach received first reading at I the regular City Council meeting of , February 11, 1980, requiring Item I priCing In retail grocery stores. Ordinance Number 1080 will receive second reading at the CounCil meeting of February 25, 1980 Copies of Ordinance Number 1080 are available In the office of the City Clerk. 211 ~ 8th Street, Seal Beach, telephone 431-2527. DATED THIS 12th day of February 1980 ' Jerdys Weir, City Clerk City of Seal Beach