Chapter 8.08 CONSUMER COMMODITY RETAIL PRICING

A. “Automatic checkout system” means an electronic system employing a scanning device combined with a computer and register which is capable of interpreting the Universal Product Code or similar code on packaged items to determine the price of such items, and used to total the cost of items being purchased.
B. “Consumer commodity” includes:
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. Napkins, facial tissues, toilet tissues, foil wrapping, paper toweling, and disposable plates and cups;
3. Detergents, soaps and other cleaning agents;
4. Pharmaceuticals, including nonprescription drugs, bandages, female hygiene products and toiletries.
C. “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.
D. “Grocery store” means a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.
E. “Sale item” or “special” means any consumer commodity offered in good faith for a period of seven 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.
F. “Person” means an individual, firm, corporation, partnership, association or other organization, group or combination acting as a unit. (Ord. 12113 § 1, 1980.)

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; provided, however, that said requirement shall not apply to:
A. Any consumer commodity which, as established by such grocery store or grocery department, was not generally item priced on January 1, 1977, by determination of the Department of Food and Agriculture of the state of California;
B. Any unpackaged, fresh food produce;
C. Any consumer commodities which are under three cubic inches in size, weigh less than three ounces, and are priced for less than $.30;
D. Any consumer commodity offered as a sale item or as a special;
E. 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 regular employees;
F. Identical items sold within a multi-item package;
G. Items sold through a vending machine;
H. One retail grocery store designated for experimentation with an automatic checkout system as provided in Section 8.08.030 of this chapter. (Ord. 12113 § 2, 1980).

For the purpose of considering the reliability, convenience and economic advantage to consumers of the automatic checkout system, one retail grocery store which uses an automatic checkout system may be designated by the director of the county department of consumer affairs, as approved by the board of supervisors, to operate such a system without causing to have a clearly readable price indicated on each consumer commodity offered for sale; provided, that such designated store shall cause to have a clearly readable and accurate price conspicuously displayed on the shelf tag where such consumer commodities are shelved. Factors under consideration include, but are not limited to, the price differential between consumer commodities offered for sale by such designated store and those offered by other retail grocery stores or grocery departments; shelf tag and shopping receipt accuracy; and complaint resolution. The director of the county department of consumer affairs shall monitor the experimental operation and report on the conduct of the operation periodically to the board of supervisors. The period of the experimental operation shall be from April 25, 1980, the effective date of the ordinance codified in this chapter, to March 1, 1981, or until such experiment is otherwise concluded, whichever occurs earlier. (Ord. 12113 § 3, 1980.)

A. Any person may bring an action in any court of competent jurisdiction to enjoin a violation of Section 8.08.020.
B. Any person who violates Section 8.08.020 shall be liable to any person injured for any losses and expenses and attorney’s fees thereby incurred, and for the sum of $50.00 in addition thereto. The remedy set forth herein is applicable only to actions brought in the name of and on behalf of a single plaintiff, and shall not be applicable in multiple-plaintiff or class actions. (Ord. 12113 § 5, 1980.)

A. The intentional violation of any of the provisions of Section 8.08.020 is punishable as an infraction by a fine not exceeding $50.00 for a first violation; a fine not exceeding $100.00 for a second violation within one year; or a fine not exceeding $250.00 for each additional violation within one year.
B. 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 Section 8.08.020.
C. 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 Section 8.08.020.
D. Each day that a violation continues shall constitute a separate violation, after notification thereof by any person to the manager or assistant manager of the retail grocery store or the grocery department of the general retail merchandise store, and shall constitute a presumption of intent to violate Section 8.08.020. (Ord. 12113 § 4, 1980).