Sec. 14-15. - Definitions.

For the purpose of this article, the following definitions shall apply:

(a)

Automatic checkout system. An electronic system employing a scanning device combined with a computer and register to read universal product code or similar code to determine the costs 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)

Paper products such as 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, 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)

Sale item. 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 the store.

(Ord. No. 2621 § 1.)

Sec. 14-51. - Item prices.

Every retail agency 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 February 1, 1980, provided, however, that said requirement shall not apply to:

(a)

Any unpackaged fresh food or product;

(b)

Any consumer commodity which is under three cubic inches in size, weighs less than three ounces, and is priced for less than thirty cents ($0.30);

(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 time.

(d)

Identical items within a multi-item package;

(e)

Items sold through a vending machine;

(f)

Sale items.

(Ord. No. 2621 § 1.)

Sec. 14-52. - Presumption.

(a)

Failure to have a clearly readable price indicated on twelve (12) units of the same item of the same commodity shall constitute a presumption of intent to violate section 14-51

(b)

Every additional twelve (12) units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate section 14-51

(Ord. No. 2621 § 1.)

Sec. 14-53. - Separate violations.

Each day that a violation continues after notification thereof by any person to the manager or assistant manager of the grocery store, or the grocery department of the general merchandise store, shall constitute a separate violation.

(Ord. No. 2621 § 1.)

Sec. 14-54. - Injunctive relief.

Any person may bring an action in any court of competent jurisdiction to enjoin a violation of section 14-51.

(Ord. No. 2621 § 1.)