Pursuant to California Penal Code Section 396(i), municipalities are authorized to enact local legislation prohibiting excessive and unjustified increases in the prices of essential consumer goods and services when a declared state of emergency results in abnormal disruptions of the market. This chapter does not apply where prohibited or preempted by State or Federal law.
(Ord. 560 § 3, 2019)
It is the intent of the City Council to ensure that citizens are protected from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency, local emergency, or state of war emergency for goods and services that are vital and necessary for the health, safety, and welfare of consumers. This chapter applies when there is a proclamation of a state of emergency, local emergency, or state of war emergency declared by the President of the United States or the Governor, or the City. This chapter also applies to declarations of a state of emergency, local emergency, or state of war emergency outside the jurisdiction of the City of Santee which causes excessive and unjustified increases in the prices of goods and services vital and necessary for the health, safety, and welfare of consumers within the City of Santee.
(Ord. 560 § 3, 2019)
"Building materials"
means lumber, construction tools, windows, and anything else used in the building or rebuilding of property.
"Consumer food item"
means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal.
"Emergency supplies"
includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails and hammers.
"Gasoline"
means any fuel used to power any motor vehicle or power tool.
"Goods"
has the same meaning as defined in subdivision (c) of Section 1689.5 of the Civil Code.
"Housing"
means any rental housing leased on a month-to-month or one year term.
"Medical supplies"
includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.
"Repair or reconstruction services"
means services performed by any person who is required to be licensed under the Contractors' State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), for repairs to residential or commercial property of any type that is damaged as a result of any type that is damaged as a result of a disaster.
"Transportation, freight, and storage services"
means any service that is performed by any company that contracts to move, store, or transport personal or business property or rents equipment for those purposes.
(Ord. 560 § 3, 2019)
A. 
Upon the proclamation of a state of emergency, local emergency, or state of war emergency as provided in Chapter 2.32, and for a period of 30 days following the proclamation, it is unlawful for any person to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight and storage services, or gasoline or other motor fuels for a price of more than 10% above the price charged by that person for those goods or services immediately prior to the proclamation.
B. 
Notwithstanding subsection A, a price increase is not unlawful if the person charging the price can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to additional costs imposed by the sellers' supplier or additional costs of providing the good or service during the state of emergency, local emergency, or state of war emergency, the price represents no more than 10% above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency, local emergency, or state of war emergency. A business offering an item for sale at a reduced price immediately prior to the proclamation of the state of emergency, local emergency, or state of war emergency may use the price at which it usually sells the item to calculate the price pursuant to this section.
C. 
The City Council may extend the provisions of this section for an additional 30-day period if necessary to protect the lives, property, or welfare of the citizens.
D. 
In addition to all remedies available to the City to enforce this chapter, a violation of this section constitutes an unlawful business practice and an act of unfair competition within the meaning of Section 17200 of the California Business and Professions Code. The remedies and penalties provided in this section are cumulative to each other, the remedies under Section 17200 of the California Business and Professions Code, and the remedies or penalties available under all other laws of this State.
(Ord. 560 § 3, 2019)