Ordinance Number 404C1��J
ORDINANCE NO. 404
ITEM PRICE MARKING ON PACKAGED CONSUMER COMMODITIES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RELATING TO ITEM PRICE MARKING ON
PACKAGED CONSUMER COMMODITIES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15 of Title 5 of the Codified
Ordinances of the City of San Juan Capistrano is hereby added to
read as follows:
CHAPTER 15
ITEM PRICE MARKING ON PACKAGED CONSUMER COMMODITIES
SECTION 5-15.01. Definitions.
For purposes of this Ordinance, the following
definitions shall apply:
(a) 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.
(b) Consumer Commodi
(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.
(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) Person. An individual, firm, corporation,
partnership, association, or other organization
group or combination acting as a unit.
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(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.
SECTION 5-15.02. 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; provided, however, that said requirement
shall not apply to:
(a) Any unpackaged fresh food produce;
(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);
(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) 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 Agriculture;
(g) Any consumer commodity offered as a sale item
or as a special.
SECTION 5-15.03. Violations.
(a) 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
Section 5-15.02.
(b) Each additional twelve (12) units of the same
item that fail to have a price indicated on
them shall constitute a separatp violation of
Section 5-15.02.
(c) 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
to violate Section 5-15.02.
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SECTION 2. Severability.
If any section, subsection, subdivision, sentence,
clause, phrase or portion of this Ordinance, or the application
thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance or its application to
other persons or places. The City Council hereby declares that
it would have adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions, or the
application thereof to any person or place, be declared invalid
or unconstitutional.
SECTION 3
Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 16th day of
April 1 1980 , by the following vote, to wit:
AYES: Councilmen Friess, Buchheim and
Mayor Hausdorfer
NOES: Councilman Schwartze
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 404 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on April 2 1980 , and adopted at
a meeting held on April 16 �46iT
(SEAL)
MARY ANN OVER, CITY CLERK
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