Ordinance 2002CITY OF ALAMEDA ORDINANCE NO. 2002
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING
CHAPTER 9 TO TITLE XII THEREOF RELATING TO ITEM
PRICE MARKING ON PACKAGED CONSUMER COMMODITIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1 . The Alameda Municipal Code is hereby amended by
adding Chapter 9 to Title XII thereof, consisting of Sections
12 -911 through 12 -942, to read as follows:
CHAPTER 9 ITEM PRICE MARKING ON PACKAGED CONSUMER
COMMODITIES
Article 1 Definitions
Sec. 12 -911 Automatic Checkout System 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.
Sec. 12 -912 Consumer Commodity
(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.
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(b) Paper and plastic products, such as, but not
limited to, napkins, facial tissue, toilet tissue, foil
wrapping, plastic wrapping, paper toweling, and dis-
posable plates and cups.
(c) Detergents, soaps and other cleaning agents.
(d) Pharmaceuticals, including non - prescription drugs,
bandages, hygiene products, and toiletries.
Sec. 12 -913 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.
Sec. 12 -914 Grocery Store A store engaged primarily
in the retail sale of packaged food, rather than food pre-
pared for consumption on the premises.
Sec. 12 -915 Person An individual, firm, corporation,
partnership, association or other organizational group or
combination acting as a unit.
Article 2 Item Pricing
Sec. 12 -921 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 May 1,
1980, provided, however, that said requirement shall not
apply to:
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(a) Any unpackaged fresh food produce or fresh
dairy product.
(b) Any consumer commodity under three cubic inches
in size or weighing less than three ounces or 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.
Article 3 Penalty
Sec. 12 -931 Misdemeanor Any person intentionally
violating any of the provisions of Section 12 -921 of this
Chapter shall be deemed guilty of a misdemeanor, and upon
conviction thereof, shall be subject to a fine of not less
than $100.00 and not more than $500.00, or by imprisonment
for a term of not more than six (6) months or by both such
fine and imprisonment.
Sec. 12 -932 Presumpt
(a) Failure to have a clearly read price indicated
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on twelve (12) units of the same item of the same commodity
shall constitute a presumption of intent to violate Sec-
tion 12 -921.
(b) Every additional twelve (12) units of the same
item that fail to have a price indicated on them shall con-
stitute a presumption of intent to violate Section 12 -921.
Sec. 12 -933 Continuing Violation Every 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 to violate Section 12 -921.
Article 4 Injunctive Relief
Sec. 12 -941 Injunction Any person may bring an
action in any court of competent jurisdiction to enjoin a
violation of Section 12 -921.
Sec. 12 -942 Costs. Persons violating Section 12 -921
shall be liable to any person injured for losses and ex-
penses and attorney's fees incurred as a result of the
violation and for the sum of fifty dollars ($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.
Section 2 . Severability If any part or provision of this
ordinance, or the application thereof to any person or circum-
stance, is held invalid, the remainder of the ordinance, including
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the application of such part or provision to other persons or
circumstances, shall not be affected thereby and shall continue
in full force and effect. To this end provisions of this article
are severable.
Section 3 . This ordinance shall be in full force and
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effect from and after the expiration of thirty (30) days from
the date of its final passage.
Attest:
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Presid' pj Officer of the Council
CL \ \
Ca. U
l -50 XZ.
City Clerk / I '
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I, the undersigned, hereby certify that the foregoing
Ordinance was duly and re ularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the
4th day of March, 1980, by the following vote, to wit:
AYES: Councilmen Diament, Sherratt, Stone, Tillman
and President Corica - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of said City this 5th day of March, 1980.
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