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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. QC (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: -2- (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 -3- 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 -4- 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 O a� y b Z 0 O W effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: .7 Presid' pj Officer of the Council CL \ \ Ca. U l -50 XZ. City Clerk / I ' -5- 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. l City er o�of