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(Amended by Ord. No. 186,594, Eff. 4/28/20.)
(a) Findings. The City Council hereby finds that during a state of emergency, increasing prices for essential consumer goods and services and accumulating essential goods in excess of reasonable need for resale at inflated prices harms the public interest. To protect citizens from excessive and unjustified price increases and scarcity of essential goods, the City seeks to prevent price gouging and excessive accumulation of goods for resale that are vital and necessary for the health, safety, and welfare of Los Angeles residents.
(b) Legislative Intent. It is the intention of the City Council in enacting this ordinance to protect citizens from excessive and unjustified increases in the prices charged during any disruption of the marketplace for consumer goods and services vital and necessary for the health, safety, and welfare of residents resulting from emergency or major disaster, including, but not limited to, those resulting from public health crises, pandemics, earthquakes, fires or civil disturbances for which a state of emergency for the City of Los Angeles is proclaimed by the Mayor pursuant to Section 8.27 of the Los Angeles Administrative Code; or for which a proclamation of a state of emergency is declared by the President of the United States or the Governor of California, or upon the declaration of a local emergency by an official, board or other governing body vested with authority to make that declaration in Los Angeles County or in the City of Los Angeles.
(c) Definitions. The following definitions shall apply to this section:
1. “Consumer Food Item” is any item used or intended for use for food or drink by a person or animal.
2. “Emergency Supplies” are any items used in a typical emergency including but not limited to water, flashlights, radios, batteries, candles, blankets, soaps, cleaning supplies, disinfectants, sanitizers, toiletries, household paper goods, and diapers.
3. “Medical Supplies” are any items used in the diagnosis, cure, mitigation, treatment, or prevention of disease or other medical condition, including, but not limited to, prescription and non-prescription drugs, prescription and non-prescription medical devices, bandages, gauzes, isopropyl alcohol, and personal protective equipment, including, but not limited to, masks, gowns, face shields, and gloves.
4. “Repair or Reconstruction Services” are those contractor services for repairs to residential and commercial property of any type, which are damaged as a result of a disaster. Contractor services include services as defined in the California Business and Professions Code.
5. “Seller” means any person who sells or offers for sale in the chain of distribution any consumer food item, emergency supply, medical supply, repair or reconstruction service, gasoline or diesel fuel, including, but not limited to, any sales, resales, retail sales or wholesale sales.
6. “Similarly Situated Sellers” means persons, contractors, businesses or other entities where relevant circumstances show they are similar or alike. Relevant circumstances include, but are not limited to, the seller’s geographic location, the similarity of goods or services offered, including whether the goods or services are substitutes or complements to each other, and the relative size and scale of the seller’s business operation. For an online seller, all other online sellers shall be deemed to be similarly situated sellers.
(d) Excessive Price Increases Prohibited. Upon proclamation of a public emergency involving or threatening lives, property or welfare, pursuant to Section 8.27 of the Los Angeles Administrative Code, or for which a local disaster or emergency is declared by the President of the United States or Governor of California, or upon the declaration of a local emergency by an official, board or other governing body vested with authority to make that declaration in Los Angeles County or in the City of Los Angeles, and for a period of 30 days following the date such proclamation or declaration is terminated, it shall be unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food item, emergency supply, medical supply, repair or reconstruction service, gasoline or diesel fuel for:
1. a price more than 10 percent of the prevailing price for that item or service offered by similarly situated sellers in the City during the three months immediately prior to the proclamation or declaration of emergency, or
2. a price more than 10 percent of the price charged by that person for that item or service immediately prior to the proclamation or declaration of emergency, or
3. a price more than 10 percent of the price at which the same or similar items or services are available for purchase by consumers in the City during the time of the emergency.
(e) Defenses. A person, business, contractor or other entity may offer as a defense proof that an increase in price was directly attributable to the specific amount of the additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service.
(f) Excessive Accumulation for Resale at Inflated Prices Prohibited. Upon proclamation of public emergency involving or threatening lives, property or welfare, pursuant to Section 8.27 of the Los Angeles Administrative Code, or for which a local disaster or emergency is declared by the President of the United States or Governor of California, or upon the declaration of a local emergency by an official, board or other governing body vested with authority to make that declaration in Los Angeles County or in the City of Los Angeles and for a period of thirty days following the date such proclamation or declaration is terminated, it shall be unlawful for any person, contractor, business or other entity to accumulate emergency supplies or medical supplies in excess of the reasonable demands of business, personal or home consumption, for the purpose of resale at prices in excess of prevailing prices in the area in the City where the person, contractor, business or other entity is operating.
(g) Penalty.
1. Any person who shall be convicted of violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of up to $1,000 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
2. The City Attorney may also prosecute a civil action under applicable state law to enforce this section and in any action a civil penalty may be imposed as provided by law and where appropriate, restitution ordered to aggrieved consumers.
(h) This section shall be liberally construed so that its beneficial purposes may be served in protecting the public from excessive increases in the prices charged for certain goods and services and in protecting against excessive accumulation of emergency supplies or medical supplies during the proclaimed or declared emergency.
(i) Conflicts. Nothing in this section shall be interpreted or applied to create any power or duty in conflict with any federal or state law.
(j) Severability. If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this section and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the section would be subsequently declared invalid or unconstitutional.
(Added by Ord. No. 170,870, Eff. 2/24/96.)
No person shall place or insert any writing in or on any box, package or other container containing a consumer product offered for sale unless permitted to do so by the owner, manager or person in charge or control of the premises where the product is stored or offered for sale. The term “writing” shall mean any form of representation or communication, including letters, words or pictorial representations, and shall include handbills, notices or any form of advertising.
(Title and Section Amended by Ord. No. 187,525, Eff. 7/16/22.)
A. Definitions. For the purposes of this section, the following definitions shall apply:
1. “Electronic Smoking Device” shall mean any device that may be used to deliver any aerosolized or vaporized substances to the Person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, vape pen, or e-hookah. Electronic Smoking Device includes any component part of or accessory to the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.
2. “Person” shall mean any natural person, partnership, cooperative association, domestic or foreign corporation, receiver, trustee, assignee, or any other legal entity.
3. “Self-Service Display” shall mean the open display of Tobacco Products to which the public has access without the intervention or assistance of a store employee, including, but not limited to, a rack, shelf, or counter-top display.
4. “Tobacco Product” or “Tobacco Products” shall mean:
a. Any product or products containing, made of, or derived from tobacco or nicotine whether natural or synthetic that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any means, including, but not limited to, a cigarette, a cigar, or a pipe and also includes chewing tobacco, snuff, or snus;
b. Any substance intended for smoking in a hookah pipe and marketed or labeled as a synthetic or non-tobacco Shisha Product whether or not the product contains nicotine;
c. Any Electronic Smoking Device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
d. Any ancillary item, component, part, or accessory of Subsections 4.a., 4.b., or 4.c. hereof, whether or not the ancillary item, component, part, or accessory contains tobacco or nicotine, including, but not limited to, a filter, rolling paper, blunt or hemp wrap, tobacco pipe, or mouthpiece.
Tobacco Product does not mean a drug, device, or combination product for cessation that is authorized for Sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. Tobacco Product also does not mean a cannabis product as defined by Health and Safety Code Section 11018.1 or cannabis as defined by Business and Professions Code Section 26001, as these laws may be amended from time to time.
5. “Tobacco Retailer” shall mean any person or Proprietor who Sells, offers for Sale, or exchanges or offers to exchange a Tobacco Product for any form of consideration. “Tobacco Retailing” shall mean engaging in any of the above activities. The definitions here are without regard to the quantity of Tobacco Product sold, offered for Sale, exchanged, or offered for exchange and without regard to whether the Sale is wholesale or retail.
6. “Tobacco Store” shall mean a business establishment that is dedicated exclusively to the sale of Tobacco Products. To qualify as a Tobacco Store, the business establishment must be in compliance with all of the limitations in Subsection B. and be in possession of a valid Tobacco Retailer’s Permit, pursuant to Section 46.91
of this Code.
7. “Vendor-Assisted Sale” shall mean a sale requiring a direct, face-to-face exchange between the Tobacco Retailer and the customer, in which the Tobacco Retailer or the Tobacco Retailer’s employee has access to the Tobacco Product, and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.
B. Prohibition. No Tobacco Retailer shall sell, permit to be sold, or offer for sale any Tobacco Product by means of a Self-Service Display, or by any means other than a Vendor-Assisted Sale. This prohibition shall not apply to a Tobacco Store.
C. Tobacco Store. It shall be unlawful for any Tobacco Store to have or maintain a Self-Service Display of Tobacco Products on the premises, unless the following conditions are met:
1. The Tobacco Store has a valid Tobacco Retailer’s Permit, pursuant to Section 46.91 of this Code;
2. No food or beverages including alcoholic beverages are sold or offered for sale on the premises;
3. Entry is prohibited to anyone under the age of 21 years; and
4. A sign is posted at each entrance reading, “No one under the age of 21 years is allowed on these premises”.
D. Penalty. Except as precluded by state or federal law, any violation of failure to comply with any requirement of this section is subject to the penalties set forth in Section 11.00 of this Code.
(Amended by Ord. No. 174,891, Eff. 12/1/02.)
A. It shall be unlawful for any person to:
1. Be knowingly present as a spectator at any illegal motor vehicle speed contest or exhibition of speed conducted on a public street or highway; or
2. Be knowingly present as a spectator where preparations are being made for any illegal motor vehicle speed contest or exhibition of speed conducted on a public street or highway.
B. For purposes of this section, the following definitions shall apply:
1. “Illegal motor vehicle speed contest or exhibition of speed” shall mean any speed contest or exhibition of speed referred to in California Vehicle Code Sections 23109(a) and 23109(c).
2. “Spectator” shall mean any person who is present at an illegal motor vehicle speed contest or exhibition of speed for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A “spectator” includes any person at the location of the event without regard to the means by which the person arrived.
3. A person is “present” at the illegal motor vehicle speed contest or exhibition of speed if that person is within 150 feet of the location of the event, or within 150 feet where preparations are being made for the event.
4. “Preparations” means any of the following acts done for the purpose of a motor vehicle speed contest or exhibition of speed:
(a) A group of motor vehicles and persons has arrived at a predetermined location;
(b) A group of individuals has lined one or both sides of a public street or highway;
(c) One or more persons have impeded the free public use of a public street or highway by actions, words or physical barrier for the purpose of conducting the event;
(d) Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed;
(e) One or more drivers is racing their engine or spinning their tires in preparation for the event;
(f) An individual is stationed near one or more motor vehicles as a race starter.
C. Notwithstanding any other provision of law, to prove a violation of this section, admissible evidence may include, but is not limited to, any of the following:
1. That the person charged has previously participated in an illegal speed contest or speed exhibition;
2. That the person charged has previously aided and abetted an illegal speed contest or speed exhibition;
3. That the person charged has previously attended an illegal speed contest or speed exhibition;
4. That the person charged was previously present at a location where preparations were being made for an illegal speed contest or exhibition of speed or where a speed exhibition or speed contest was in progress;
5. Evidence of these prior acts may be admissible to show the propensity of the defendant to be present or attend a speed contest or speed exhibition if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a speed contest was taking place.
D. A violation of this ordinance shall constitute a misdemeanor, punishable by a fine not to exceed $1,000.00, or by imprisonment not to exceed six months, or both.
(Added by Ord. No. 174,361, Eff. 1/13/02.)
(a) Every person who owns, conducts, operates or manages a retail commercial establishment selling glass etching cream, or any commercially available glass etching product, whether sold separately or in a kit, shall store or cause to be stored such glass etching cream or glass etching product under lock and key in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such glass etching cream or glass etching product.
(b) No person who owns, conducts, operates or manages a retail commercial establishment selling glass etching cream or any commercially available glass etching product, whether sold separately or in a kit, shall sell or caused to be sold any such glass etching cream or glass etching product to any person who has not yet attained the age of 18 years.
(Added by Ord. No. 176,581, Eff. 5/22/05, Oper. 6/1/05.)
(a) As used in this section, the term “motor-driven cycle” shall mean any motor-driven cycle, as that term is defined in the California Vehicle Code, that is sold without the seventeen digit vehicle identification number required for registration by the State of California.
(b) As used in this section, the term “motorized bicycle” shall mean any motorized bicycle, as that term is defined in the California Vehicle Code, that is sold without all of the equipment required by the State of California for operation on a highway in California.
(c) As used in this section, the term “person” shall mean any business or any individual acting on behalf of any business, as that term is defined in Section 21.00(h) of this Code.
(d) No person shall sell or transfer ownership of any motor-driven cycle or motorized bicycle without providing to the prospective purchaser or transferee, prior to the sale or transfer of ownership, written notice, as provided by this section, indicating in substance that the vehicle may not be appropriate for operation on a public street or highway in California and that operation of any vehicle on a public street or highway in California must be in accordance with California law. A notice shall be sufficient if it indicates in substance that the vehicle is not intended for operation on a public street or highway.
(e) The notice required by this section shall be provided by a sign, printed in boldface type at least one inch in height, posted in a conspicuous location on the seller’s or transferor’s property and containing no information other than the notice; and by at least one of the following:
(1) A decal affixed to a conspicuous location on the frame of the vehicle, printed in at least 14-point boldface type;
(2) A decal affixed to a conspicuous location on the frame of the vehicle, which decal was in use by the seller or transferor for the same make and model of vehicle prior to the enactment of this section.
(f) Any violation of this section shall constitute a misdemeanor.
(Title and Section Amended by Ord. No. 180,449, Eff. 2/5/09.)
A. For the purposes of this section, the definitions in Section 12.03 of this Code and the following definitions shall apply:
CONTROLLED SUBSTANCE. A drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act, Health and Safety Code Section 11000, et. seq.
DRUG-RELATED NUISANCE. Any activity related to the possession, sale, use or manufacturing of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property or safety of other residents of the premises or within a 1000 foot radius from the boundary line of the premises. These activities include, but are not limited to, any activity commonly associated with illegal drug dealing, such as noise, steady traffic day and night to a particular unit, barricaded units, possession of weapons, or drug loitering as defined in Health and Safety Code Section 11532, or other drug-related activities.
GANG-RELATED CRIME. Any crime motivated by gang membership in which the perpetrator, victim or intended victim is a known member of a gang.
VIOLENT CRIME. Any crime involving use of a gun, a deadly weapon or serious bodily injury and for which a police report has been completed. A violent crime under this section shall not include a crime that is committed against a person residing in the same rental unit as the person committing the crime.
THREAT OF VIOLENT CRIME. Any statement made by a tenant, or at the tenant’s request, by the tenant’s agent to any person who is on the premises or to the owner of the premises, or the owner’s agent, threatening commission of a crime which will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is so unequivocal, immediate and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for their own safety or for their immediate family’s safety. Such a threat includes any statement made verbally, in writing, or by means of an electronic communication device and regarding which a police report has been completed. A threat of violent crime under this subdivision shall not include a crime that is committed against a person who is residing in the same rental unit as the person making the threat. “Immediate family” means any spouse, whether by marriage or not, parent, child, any person related by consanguinity of affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. “Electronic communication device” includes but is not limited to, telephones, cellular telephones, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term is defined in subsection 12 of Section 2510 of Title 18 of the United States Code, except that “electronic communication” for purposes of this definition shall not be limited to electronic communication that affects interstate or foreign commerce.
UNLAWFUL WEAPON OR AMMUNITION CRIME. The illegal use, manufacture, causing to be manufactured, importation, possession, possession for sale, sale, furnishing, or giving away of ammunition or any weapon listed in subdivision (c)(1)-(5) of Section 3485 of the Civil Code.
ILLEGAL DRUG ACTIVITY. A violation of any of the provisions of Chapter 6 (commencing with Section 11350) or Chapter 6.5 (commencing with Section 11400) of the Health and Safety Code.
LANDLORD. An owner, lessor, or sublessor, or the agent, representative or successor of any of the foregoing (including any person, firm, corporation, partnership, or other entity) who leases the rental unit for a specified term, or permits a periodic tenancy, a tenancy at will or a tenancy at sufferance.
PREMISES. The rental unit and the land on which it and other buildings of the complex are located and common areas, including but not limited to, garage facilities, streets, alleyways, stairwells and elevators.
RENTAL UNIT. All dwelling units, efficiency dwelling units, guest rooms, and suites, as defined in Section 12.03 of this Code, including one-family dwellings, two-family dwellings and condominiums which are leased for a specific term or occupied pursuant to a periodic tenancy, a tenancy at will or a tenancy at sufferance in the City of Los Angeles. This term shall also include hotel and motel rooms subject to tenancy or transient occupancy, mobile homes, whether rent is paid for the mobile home and the land upon which the mobile home is located, or the rent is paid for the land alone. Further, it shall include recreational vehicles, as defined in California Civil Code Section 799.24, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreational vehicle and the land upon which it is located, or rent is paid for the land alone.
TENANT. A tenant, subtenant, lessee, sublessee, any person entitled to use or occupancy of a rental unit, or any other person residing in the rental unit.
B. [DUTIES] OF THE LANDLORD. A landlord shall not cause or permit:
(i) the premises to be used or maintained for any illegal drug activity, drug-related nuisance, violent crime, threat of violent crime, unlawful weapon or ammunition crime, or gang-related crime; or
(ii) tenant to use or occupy the premises if the tenant commits, permits, maintains or is involved in any illegal drug activity, violent crime or threat of violent crime, gang-related crime, unlawful weapon or ammunition crime, or drug-related nuisance on the premises or within a 1000 foot radius from the boundary line of the premises.
C. ADMINISTRATIVE PROCEDURES. The City Attorney, or the City Attorney’s designee, shall promulgate administrative procedures necessary to implement the provisions of this section.
D. REMEDIES.
1. Grounds for Eviction. Notwithstanding any provision of the Los Angeles Municipal Code to the contrary, a landlord may bring an action to recover possession of a rental unit upon one of the following grounds:
(i) the tenant is committing or permitting to exist any illegal drug activity, violent crime or threat of violent crime, gang-related crime, unlawful weapon or ammunition crime, or drug- related nuisance on the premises or within a 1000 foot radius from the boundary line of the premises, or
(ii) the tenant has been convicted of a crime and the underlying offense involves illegal drug activity, violent crime or threat of violent crime, drug-related nuisance activity, unlawful weapon or ammunition crime, or a gang-related crime on the premises.
2. Enforcement. If the City Attorney determines that the landlord has failed to comply with the provisions of Subsection B. of this section after receiving notice, then the City Attorney may file an action for injunctive relief or take any other appropriate action to require the landlord to comply with the provisions of this section.
A court rendering a judgment pursuant to this subsection may, in addition to any other order provided by law, impose a fine not to exceed $5,000 payable to the City of Los Angeles, require the payment of reasonable attorneys fees, and costs of investigation, discovery and court costs.
E. PAYMENTS. If multiple defendants exist, they shall be jointly and severally liable for any monetary judgment. In addition to any other remedy provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.
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