757.03 PRICE GOUGING PROHIBITED.

   (a)    Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by the City, and for a period of thirty (30) days following that proclamation or declaration, 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, or building materials, or petroleum products for a price of more than ten percent (10%) greater than the price charged by that person for those goods or services immediately prior to the proclamation or declaration of emergency. However, a greater price increase is not unlawful if that person 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, during the state of emergency or local emergency, and the price is no more than ten percent ( 10%) greater than 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 or local emergency.

   (b)    The prohibitions of this section may be extended for additional 30-day periods, as needed, by the City Council, if deemed necessary to protect the lives, property, or welfare of the residents.

   (c)    A business offering an item for sale at a reduced price immediately prior to the proclamation or declaration of the emergency may use the price at which it usually sells the item to calculate the price pursuant to subdivision (a) of the section.

(EOrd. 2020-4-43. Passed 4-22-20.)