(a) 
Every retail grocery store or grocery department within a general retail merchandise store shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale.
(b) 
The provisions of this Section shall not apply to any of the following:
(1) 
Any unpackaged fresh food produce, or to consumer commodities which are under three cubic inches in size, weight less than three ounces, and are priced under thirty cents.
(2) 
Any consumer commodity offered as a sale item or as a special.
(3) 
Any 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 regular employees.
(4) 
Identical items within a multi-item package.
(5) 
Items sold through a vending machine.
(6) 
Any consumer-owned cooperative food store, owned and operated by its members, which sells food to its members, and not to the general public.
(c) 
For the purposes of this Section:
(1) 
Consumer commodity includes:
(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.
(B) 
Napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper toweling, and disposable plates and cups.
(C) 
Detergents, soaps and other cleaning agents.
(D) 
Pharmaceuticals, including nonprescription drugs, bandages, female hygiene products, and toiletries.
(2) 
Grocery department means an area within a general retail merchandise store which is engaged primarily in the retail sales of packaged food, rather than food prepared for immediate consumption on or off the premises.
(3) 
Grocery store means a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.
(4) 
Sale item or special means 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 that store.
(Prior code § 4801; added by Ord. No. 1141CCS, adopted 11/27/79)
(a) 
The intentional violation of Section 4.32.010 is punishable by a civil penalty of not less than twenty-five dollars nor more than five hundred dollars.
(b) 
Failure to have a clearly readable price indicated on twelve units of the same item of the same commodity shall constitute a presumption of intent to violate Section 4.32.010.
(c) 
Every additional twelve units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate Section 4.32.010.
(d) 
Each day that a violation continues shall also constitute a separate violation after notification thereof to the manager or assistant manager of the retail grocery store or the grocery department of the general retail merchandise store and shall constitute a presumption of intent to violate Section 4.32.010.
(e) 
Notwithstanding any other provision of law, any person may bring an action to enjoin a violation of Section 4.32.010.
(f) 
Any person who violates Section 4.32.010 shall be liable to any person injured for any losses and expenses thereby incurred, and for damages as provided in Section 4.32.020(a) for intentional violations, in addition thereto. The remedies set forth in this Section shall apply only to actions brought on behalf of a single plaintiff and shall not apply to multiple plaintiffs or class actions.
(Prior code § 4802)
Improper pricing on the shelf or on the item due to unintentional error shall not constitute a violation of this Chapter.
(Prior code § 4803; added by Ord. No. 1141CCS, adopted 11/27/79)
(a) 
Findings and Purpose. Recent research indicates that alcohol consumption during pregnancy may cause irreversible adverse effects on the development of a fetus, resulting in birth defects, including mental retardation, facial abnormalities, and other defects involving heart and bone structure. These adverse effects are known individually as Fetal Alcohol Effects and collectively as Fetal Alcohol Syndrome. The public should be informed that consumption of alcohol during pregnancy may be harmful to a fetus and result in birth defects.
(b) 
Duty to Post. On and after July 1, 1987, any person who owns, operates, manages, leases, or rents a premises offering for sale or dispensing for consideration to the public, alcoholic beverages, including beer and wine, shall cause to be continually displayed on the premises a sign meeting the requirements of subsection (c) of this Section in the places set forth in subsection (d) of this Section.
(c) 
Sign. Each sign required to be displayed pursuant to this Section shall be obtained from the City License Division. The City License Division shall charge for each sign a fee equal to the City's cost of printing the sign. The signs printed by the City shall contain:
(1) 
A warning in English and in Spanish reading substantially as follows: PREGNANCY AND ALCOHOL DO NOT MIX. DRINKING ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.
(2) 
A telephone number to call for further information.
(3) 
A graphic depicting the contents of the sign.
(d) 
Placement. A sign required by this Section shall be placed as follows:
(1) 
Where the sale or dispensing of alcoholic beverages, including beer and wine to the public is primarily intended for consumption off the premises, at least one sign will be so placed as to assure that it is readable from all locations at which said sale or dispensing occur.
(2) 
Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided through over-the-counter service, at least one sign shall be placed to assure that it is readable from all counter locations available to the public. In addition, at least one sign shall be placed to assure that it is readable in each public restroom.
(3) 
Where the sale or dispensing of alcoholic beverages, including beer and wine to the public is primarily provided for consumption on the premises by the public tables served by food or beverage service persons, at least one sign shall be placed to assure it is readable by the public entering the premises; provided, however, that notices may be placed or displayed at each of the tables in a manner which will assure that the notices are as readily visible and readable as materials provided to the public which list food and beverage prices. In addition to other sign locations, at least one sign shall be placed to assure that it is readable in each public restroom.
(e) 
Violations. Violations of this Section shall be punished as follows:
(1) 
Any person who violates this Section shall be guilty of an infraction subject to a fine of not less than fifty dollars and not more than one hundred fifty dollars.
(2) 
Any person who violates this Section after having received written notice from the City to comply with this Section shall be guilty of a misdemeanor.
(Prior code § 4813; added by Ord. No. 1405CCS, adopted 3/24/87)
(a) 
As a result of the state of emergency that commenced on January 17, 1994, the City Council finds that numerous consumers within the City of Santa Monica have sought to purchase consumer goods, products and services such as emergency supplies, water, food, clothing and other consumer items necessary for their health and safety. Although no general shortage of these consumer goods, products and services exists, numerous residents have reported incidents of excessive price increases for these goods, products and services in many instances, many times above the prices in effect on or before January 16, 1994. Although price increases may be necessary where a business has itself incurred unavoidable higher expenses and the business needs to increase prices in order to obtain a fair rate of return, these exorbitant price increases clearly exceed those that would be reasonably related to any increased operational expenses by a business.
(b) 
The City Council finds that excessive and unjustified price increases during a state of emergency distort the marketplace, subject all consumers to predatory and unfair business practices and are unconscionable.
(c) 
The City Council finds that protecting citizens from excessive and unjustified price increases during any state of emergency as declared by the City, State or Federal officials is vital and necessary for public health, safety and welfare of all consumers.
(Added by Ord. No. 1723CCS § 1, adopted 1/25/94)
Upon proclamation or declaration by City, State or Federal officials of a state of emergency within or including the City of Santa Monica, and for a period of thirty days after the date the emergency is declared terminated, it shall be unlawful for any person within the City of Santa Monica to sell or offer for sale any consumer product or service, including, but not limited to, clothes, food, water, furniture, building or construction materials, emergency or medical supplies or gasoline for an amount which exceeds ten percent of the price regularly and customarily charged by the person for the goods or services on the day immediately before the proclamation or declaration of emergency was declared, unless the person can prove that an increase in price of greater than ten percent was unavoidable and directly attributable to additional costs imposed on the person by the supplier of the products or goods or for labor and materials used to provide the service and that without a greater than ten percent increase the person would not be able to earn a fair rate of return in his, her or its entire business.
(Added by Ord. No. 1723CCS § 1, adopted 1/25/94)
(a) 
Any person who shall be convicted of violating the provisions of Sections 4.32.160 and 4.32.161 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than five hundred dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Each day that a violation of this section occurs shall be considered a separate offense.
(b) 
The City Attorney or any citizen may prosecute a civil action to enforce this Chapter and in any action obtain such legal and equitable relief, including the recovery of actual and punitive damages and reasonable attorneys' fees, as may be imposed as provided by law.
(Added by Ord. No. 1723CCS § 1, adopted 1/25/94)
The City Council finds and declares:
(a) 
That discrimination against women in the pricing of consumer goods and services exists in the City of Santa Monica;
(b) 
The existence of such discrimination has a disparate impact on women when they are charged more than men for certain goods and services;
(c) 
That the overall effect of such discrimination is that women are harmed economically.
(Added by Ord. No. 1760 §§ 1, 2, adopted 8/9/94)
No seller of goods or services, including a person who holds a Santa Monica business license under the provisions of this Code, may discriminate, with respect to the price charged for goods or services, against a person because of the person's gender.
(Added by Ord. No. 1760 § 3, adopted 8/9/94)
(a) 
Any person who shall be convicted of violating the provisions of Section 4.32.171 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than five hundred dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Each day that a violation of this Section occurs shall be considered a separate offense.
(b) 
The City Attorney or any citizen may prosecute a civil action to enforce this Chapter and in any action obtain such legal and equitable relief, including the recovery of actual and punitive damages and reasonable attorneys' fees, as may be imposed as provided by law.
(Added by Ord. No. 1760 § 4, adopted 8/9/94)