Ordinance 0974 ~ ~
ORDINAIJCE NO. 974
• AN ORDINANCE OF THE CITY OF CUPERTINO ADDING
C1iAPT~R 5.36 TO TITLE 5 OF THE CUPERTINO
• MUNICIPrII, CODE TO REQUIRE ITEM-PRICING ON
PACKAGED CONSUMER COMMODITIES SOLD THROUGH
. AN AUTOMATIC CHECKOUT SYSTEM AND DECLAItING
THE URGENCY THEREOF
TfiE CZTY COUNCIL OF THE CITY OF CUPERTINO~ STATE OF CALIFORNIA
DOES ORDAIN AS FOLLOWS:
CHAPTER 5.36 IS HEREBY ADDED TO TITLE 5 OF
~i THE CUPERTINO NUNZCIPAL CODE TO READ AS FOLLOWS:
Chapter 5.36
' AUTOMATIC CHECKOUT SYSTEM
5ections:
5.36.010 Item-Pricinq Required
5.36.020 Definitions •
5.36.030 Presumptiona
5.36.040 Violations
5.36.050 Unintentional Error
5.36.060 Enforcement
5.36.070 Severability
5.36.080 Urgency Clause
5.36.010 item-Pricin Re uired. Every retail grocery store
or grocery departinent w thin a qeneral 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:
(1) Any unpacked fresh food produce;
(2) Any consumer commodities which are under three cubic
inches in size, weigh less than three ounces, and are
priced under thirty cents ($.30)j
(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;
(9) Identical items within a multi-item packageg
(5) Items sold through vending machine;
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(6) Any consumer commodity offezed as a sale item or
as a special.
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5.36.020 Definitions. For purposes of this chapter, the
following definit ons shall apply:
(1) •"Automatic~checkout system" means a computer capable
Of reading :the universal product code or similar code
to determine the price of items being purchasedf
(2) "Consumer commodity" includes: ~
(aj 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
mateXial ~or any purpose. This definition
shall not apply to individual packages of
cigarettes or individual cigars.
(6~ 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.
Cc) Detergents, soaps and otl~er cleaning agents.
~d) Pharmaceuticals, including nonprescription
drugs, bandages, hygiene products and toiletries.
(.3) "Grocery department" means an area within a general
retail merchandise store which is engaged primarily
in the retail sale of packaged food, rather than
food prepared for fmmediate consumption on or off
the premi~es;
(4). "Grocery store" means a store engaged primarily in
the retail sale of packaged food, rather than food
prepared for consumption on the premises;
(5~ "Sale item or special" means any consumer commodity
offered in qood 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.
5.36.030 Presum tions. Failure to have a clearly readable
pr3ce n cated on T2 un ts of the same item of the same
commodity shall constitute a presumption of intent to violate ~
Section 5.36.010. Every additional 12 units of the same item
that fail to have a price indicated on them shall constitute a
presiunption of intent to violate Section 5.36.010. 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 5.36.010.
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~ 5.36.040 Violations. Any person who authorized, allowa
or o erw ae is resp~o
sin ble £or a violation of Section 5.36.010
• shall be guilty of an infraction and upon conviction thereof
shall be puniahed as provided in Chapter 1.12.
5.36.050 Unintentional Error.- No Violation. Improper
pricing on the shelf or on the item due to un atention~l
error shall not constitute a violation of this chapter.
5.36.060 Enforcer~ent. This chapter shall be enfozced by
the o ice o t e City Manager of the City of Cupertino.
5.36.070 Severability. If any part or provision of this _
o an erson or
ordinance, or the application thereof t y p
circumstance, is held invalid, the remainder of the ordinance,
including 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 afticle are
severable.
5.36.080 Urgency Clauae. This ordinance is hereby declared (
an urgency measure and shall be in full force and effect upon
its enactment. The facts constituting such urgency are as
follows:
Sections 13300 et se . of California Business and
Professions Code became inoperative on January l, 1980.
The City Council of the City of Cupertino believes that
the public health, peace, confort, and qeneral welfare
fs immediately and seriously threatened by the elimination
of these provisions of state law in that retail grocers
will be allowed, if this ordinance ia not adopted
inmediately, to return to old methods of pricinq which
are not in the best interest of the qeneral public.
INTRODUCED and ENACTED at a regular meeting of the City Council of the
City of Cupertino thia Tth day of n+Ary . 1980, by the following
vote:
AYES: Jackson, Rogera, Sparks, Meyers
NOES: None
Aggg~; None
ABSTAIN: 0'Keefe
ATTEST: ~P
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Ci[y Clerk t1a or. City of Cupertino