For the purpose of this chapter, the following definitions shall
apply:
"Automatic checkout system"
is 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.
"Consumer commodity"
shall be defined to include any of the following:
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 and 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.
"Grocery department"
is an area within a general retail merchandise store that
is engaged primarily in the retail sale of packaged food, rather than
food prepared for immediate consumption on or off the premises.
"Grocery store"
is a store engaged primarily in the retail sale of packaged
food, rather than food prepared for consumption on the premises.
"Person"
is an individual, firm, corporation, partnership, association,
or other organization group or combination acting as a unit.
"Sale item or special"
is any consumer commodity offered in good faith for some
appropriate time period and on sale at a price below the normal price
that item is usually sold for in that store.
(1707 § 1, 1980; 2802 § 1, 2011)
Every retail grocery store or grocery department within a general
retail merchandise store that 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
requirements shall not apply to:
A. Any
unpackaged fresh fruit produce.
B. Any
consumer commodity under three cubic inches in size and weighing less
than three ounces and priced for less than 30 cents.
C. Any
grocery business that 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 vending machines.
F. Any
consumer commodity that was not generally item priced as of January
1, 1977, as determined by the California Department of Food and Agriculture.
G. Any
consumer commodity offered as a sale item or as a special.
(1707 § 1, 1980; 2802 § 1, 2011)
A. Any person intentionally violating any of the provisions of Section
8.54.020 of this chapter shall be deemed guilty of a misdemeanor.
B. Failure to have a clearly readable price indicated on 12 units of the same item of the same commodity shall give rise to a rebuttable presumption of intent to violate Section
8.54.020.
C. Each additional 12 units of the same item that failed to have a price indicated on them shall constitute a separate violation of Section
8.54.020.
D. Each and every day that a violation continues after notification thereof by any person to the grocery store, department manager, or assistant manager shall constitute a separate violation and shall constitute a presumption to violate Section
8.54.020.
(1707 § 1, 1980; 2802 § 1, 2011)