Loading...
For the purposes of the application of this chapter the following definitions shall apply:
(a) “Consumer commodity” means any food, drug, device or cosmetic and any other article, product or commodity of any kind or class which is customarily necessary or used for personal, family or household use and offered for sale at retail and which is listed in Section 757.06.
(b) “Unit price” means the price per measure.
(Ord. 1992-67. Passed 9-14-92.)
Sellers at retail need not comply with the provisions of this chapter as to the following consumer commodities:
(a) Medicine sold by prescription only;
(b) Beverages subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration act;
(c) Such consumer commodities which are required to be marked individually with a unit price under the provisions of any Ohio statute;
(d) Food sold for consumption on the premises;
(e) Any consumer commodity whose net quantity as offered for sale is one pound, one ounce, one pint, one gallon, one hundred count, one foot, one hundred feet, one square foot or one square yard, provided it has the retail price marked plainly thereon.
(Ord. 1992-67. Passed 9-14-92.)
(a) All retail establishments subject to this chapter shall disclose the unit price to consumers in one of the following manners:
(1) By the attachment of a stamp, tag, label or sign within close proximity to the commodity; or
(2) By affixing the unit price and the total price on the commodity itself; or
(3) In the case of specially stored or displayed items, such as frozen commodities and goods which are marketed on end displays, by attaching the stamp, tag, label or sign on the shelf or display space contiguous with the area where the commodities are displayed; or
(4) In the case of commodities not conspicuously visible to the consumer, by a sign or list conspicuously placed near the point of procurement.
(b) The stamp, tag, label or sign must be conspicuously visible to the consumer and carry the following:
(1) The total selling price;
(2) The unit price, expressed in terms of dollars or cents, as applicable, expressed in three digits. If the price is over one dollar ($1.00), it may be expressed to the nearest full cent, provided that said price is rounded from .005 and over to the next higher cent; and if .004 or less to the next lower cent; but, that if it is expressed in cents, it be carried to three digits. Examples: “25.31 per pound”, “$1.67 per quart”;
(3) The applicable unit of weight, measure or count;
(4) Identification of the consumer commodity to which the price information relates, if the stamp, tag, label or sign is not affixed to the commodity.
(c) In addition, at the option of the retail establishment, the stamp, tag, label or sign may include a description of the commodity being sold and other stocking information, provided that said information does not in any way obscure, deemphasize or confuse the unit price information as specified in subsection (b) hereof.
(d) The price per measure in all situations shall be printed in bold figures which shall be clear, conspicuous and legible.
(Ord. 1992-67. Passed 9-14-92.)
Any retail establishment which is unable to comply with this chapter within the time set forth herein may apply to the Director of Public Safety for permission to extend such time for compliance for an initial period not to exceed thirty days. Such retail establishment shall set forth, in as much detail as possible, the reasons for its inability to comply. The Director of Public Safety may extend such period from time to time, upon terms and conditions as he may deem reasonable, but not to exceed ninety days in total.
(Ord. 1992-67. Passed 9-14-92.)
In the event of a violation of this chapter, the manager, or individual in charge of such retail establishment, and the individual or corporation employing such manager or individual in charge shall be deemed to be responsible for compliance by such retail establishment with the requirements of this chapter.
(Ord. 1992-67. Passed 9-14-92.)
(a) Any person who violates any provision of this chapter shall, if found guilty, be subject to the penalty provided for a minor misdemeanor offense.
(b) For the purpose of the application of this section, any person who is convicted of a second offense under the provisions of this chapter shall be deemed to have committed a knowing and willful violation.
(Ord. 1992-67. Passed 9-14-92.)