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(a) It shall be unlawful for any person to display for sale any merchandise unless the selling price is accurately stated in a clear and conspicuous manner. On any prepackaged merchandise, except those sold through vending machines, the selling price shall be marked directly on the package.
On any merchandise which is not prepackaged, the selling price shall be stated on a sign contiguous to the point of display of the merchandise so priced; provided, that when any merchandise is not prepackaged and is sold out-of-doors, the selling price numerals shall be not less than three inches in height and one and one-half inches in width and any fractional numerals shall be not less than one-half the height and width of the whole numerals.
The commissioner is hereby authorized to permit the use of alternative price notification procedures which may be of benefit to the citizens of the city of Chicago and consumers. The commissioner may, in conjunction with such alternative procedures, exempt classes of persons from the individual pricing requirements of this section and shall, in such event, adopt rules and regulations consistent with the objectives of this section to ensure accurate notice to consumers of the actual selling price of merchandise. Such regulations shall ensure that:
1. The selling price of merchandise is stated in a clear and conspicuous manner at the location where each such commodity is displayed for sale.
2. Each sale shall be documented by a receipt given to each purchaser which shall contain a record of the merchandise purchased and the selling price of each such merchandise.
3. The savings realized by reason of not requiring each individual prepackaged merchandise to be price-marked shall be passed on to the consumer.
No person shall be deemed to comply with such regulations unless the person has received a certificate from the commissioner of business affairs and consumer protection stating that the person complies with the regulations. Application for such certificate shall be made in writing on a form prescribed by the commissioner. No certificate shall be issued under this section unless the department of business affairs and consumer protection conducts, and the applicant for the certificate passes, a certification inspection verifying that the applicant is in compliance with the regulations. If the applicant for the certificate passes the certification inspection, the certificate shall be issued upon payment by the applicant of the applicable certification fee identified in subsection (b) of this section. If the applicant for the certificate fails to pass the certification inspection, no certificate shall be issued under this section unless the applicant (i) requests and passes a reinspection by the department verifying that the applicant is in compliance with the regulations; and (ii) pays all required certification and reinspection fees.
(b) The commissioner is authorized to and shall assess a certification fee for any certificate issued under this section, and a reinspection fee for any reinspection conducted under this section. If a large store, as the term "large store" is defined in rules and regulations promulgated by the commissioner, is inspected under this section, the certification fee shall be $500.00 for the first store location and $100.00 for each additional location, and the reinspection fee shall be $100.00. If a small store, as the term "small store" is defined in rules and regulations promulgated by the commissioner, is inspected under this section, the certification fee shall be $250.00 for the first store location and $50.00 for each additional location, and the reinspection fee shall be $50.00.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-12-99, p. 2225; Amend Coun. J. 12-14-05, p. 66648, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)
It shall be unlawful for any person to advertise a "sale" or other temporary change in prices unless the duration of the sale or other temporary change in terms of time is disclosed by stating the number of days or termination date. Provided, however, that where a termination date has been advertised in good faith, the date may be extended.
(Added Coun. J. 12-9-92, p. 25465)
It shall be unlawful for any person to advertise a reference price unless the reference price is disclosed in a clear and conspicuous manner or can be readily ascertained by disclosure of the dollar, fraction or percentage reduction in prices.
(Added Coun. J. 12-9-92, p. 25465)
It shall be unlawful for any person to advertise a reference price based on sales of the identical article unless the reference price is the actual price at which the article was offered to the public by the advertiser or by principal competing persons in the advertiser's trade area for a reasonably substantial period of time in the recent regular course of business, honestly and in good faith as determined by regulations adopted by the commissioner.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)
It shall be unlawful for any person to advertise a reference price based on sales of a comparable article unless:
a. The two articles are, in fact, substantially identical in all significant respects and such comparability can be established by reference to generally accepted standards of identity or performance or otherwise; and
b. The reference price of such comparable article is the actual price at which the article was offered to the public by the advertiser or by principal competing persons in the advertiser's trade area for a reasonably substantial period of time in the recent regular course of business, honestly and in good faith as determined by regulations adopted by the commissioner.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, §5; Amend Coun. J. 3-9-11, p. 113698, § 1)
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