§ 3.09.210  PROHIBITION AGAINST EXCESSIVE AND UNJUSTIFIED INCREASES IN CONSUMER PRICES DURING A DECLARED EMERGENCY.
   A.   Consumer goods and services.
      1.   Upon the proclamation of a Declared Emergency or an event triggering a State of War Emergency, and for a period of thirty (30) days following the proclamation of a Declared Emergency or the event that triggered a State of War Emergency, it is unlawful for a person, contractor, business, or other entity 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 percent above the price charged by that person for those goods or services immediately prior to the proclamation of a Declared Emergency or the event that triggered a State of War Emergency.
      2.   Subject to subsection A.3 below, a person may only increase prices in excess of the amount permitted in subsection A.1 as follows:
         (i)   The seller or vendor can demonstrate that the increase in price is directly attributable to additional costs imposed on that person by the supplier of the goods; or
         (ii)   The seller or vendor can demonstrate that the increase in price is directly attributable to additional costs for labor or materials used to provide the services.
      3.   In those situations where the increase in price is attributable to additional costs imposed by the seller's supplier or additional costs of providing the good or service during the Declared Emergency or State of War Emergency, the price charge shall represent no more than ten percent (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 proclamation of a Declared Emergency or the event that triggered a State of War Emergency.
      4.   A business offering an item for sale at a reduced price immediately prior to the proclamation of a Declared Emergency or the event triggering a State of War Emergency may use the price at which it usually sells the item to calculate the price increase permitted pursuant to this Section.
   B.   Construction, Repair, and Clean-up Services.
      1.   Upon the proclamation of a Declared Emergency or an event triggering a State of War Emergency, and for a period of 180 days following the proclamation of a Declared Emergency or the event that triggered a State of War Emergency, it is unlawful for a contractor to sell or offer to sell any repair or reconstruction services, or any services used in emergency cleanup, for a price of more than 10 percent above the price charged by that person for those services immediately prior to the proclamation of a Declared Emergency or the event that triggered a State of War Emergency.
      2.   Subject to subsection B.3 below, a person may increase prices in excess of the amount permitted in subsection B.1. as follows:
         (i)   The seller or vendor can demonstrate that the increase in price is directly attributable to additional costs imposed on that person by the supplier of the goods; or
         (ii)   The seller or vendor can demonstrate that the increase in price is directly attributable to additional costs for labor or materials used to provide the services.
      3.   In those situations where the increase in price is attributable to the additional costs imposed by the contractor's supplier or additional costs of providing the service during the Declared Emergency or State of War Emergency, the price represents no more than ten percent (10%) above the total of the cost to the contractor, plus the markup customarily applied by the contractor for that good or service in the usual course of business immediately prior to the proclamation of a Declared Emergency or the event that triggered a State of War Emergency.
      4.   A contractor offering services at a reduced price immediately prior to the proclamation of a Declared Emergency or the event triggering a State of War Emergency may use the price usually charged for the services to calculate the price increase permitted pursuant to this subchapter.
   C.   Hotel and motel rates.
      1.   Upon the proclamation of a Declared Emergency or an event triggering a State of War Emergency, and for a period of thirty (30) days following the proclamation of a Declared Emergency or the event that triggered a State of War Emergency, it is unlawful for an owner or operator of a hotel or motel to increase the hotel or motel's regular rates, as advertised immediately prior to the proclamation of a Declared Emergency or the event that triggered a State of War Emergency, by more than ten percent (10%).
      2.   A hotel owner or operator may increase prices in excess of the amount permitted by subsection C.1. if the owner or operator can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in its business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates.
(Ord. No. 2010-005 § 1 (part))