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(a) Construction and Application. This Section shall be liberally construed and applied to promote its underlying purpose which is to protect consumers against unfair and deceptive business practices.
(1) "Goods" means tangible chattels sold for use primarily for personal, family or household purposes, including, but not limited to electronics equipment, photographic equipment, computer equipment, telephones, antiques and works of art.
(2) "Person" means an individual, partnership, corporation, limited liability company, association, or other group, however organized.
(3) "Consumer" means an individual who seeks or acquires or purchases any goods for personal, family, or household purposes.
(c) Itemized Receipts Required.
(1) Every retail establishment in the City and County of San Francisco shall provide the consumer with a written or printed itemized receipt or invoice for the sale of goods if the purchase price of any one item exceeds $100.00.
(2) All written or printed receipts or invoices required by this Section shall include the date of sale, the name and address of the seller, and if the item being sold is electronic equipment or photographic equipment, the manufacturer and model of each such item sold. All written or printed receipts or invoices required by this Section shall also separately state each good or item purchased, the total quantity of each good or item purchased, the unit cost of each good or item purchased or the cumulative costs of identical items purchased, the total costs of all goods or items purchased, and any applicable taxes.
(3) The itemized receipt for any item sold or represented to the consumer as an antique or original piece of art must state that the item is an antique or original piece of art.
(4) Any item or good that is not on the itemized receipt is hereby deemed to have no value if other items or goods, purchased at the same time, are returned for exchange or refund.
(d) Consumer Action; Relief; Court Costs and Attorney's Fees.
(1) Any consumer may bring an action against a retail establishment that violates this Section and for each transaction in violation of this Section, may recover or obtain (a) $250 or the total cost of goods purchased, whichever is greater, (b) an order enjoining the violation, (c) punitive damages, if the court determines that the violation was wilful, and (d) any other relief that the court deems proper.
(2) The court shall award court costs and attorney's fees to a prevailing plaintiff in litigation filed under this Section.
(e) Penalties and Enforcement.
(1) Any person or employee or agent thereof violating or failing to comply with this Section shall be guilty of a misdemeanor and upon conviction, may be fined not more than $500 for the first offense and $1,000 for each subsequent offense, or by imprisonment in the County Jail for not more than 6 months, or by both such fine and imprisonment.
(2) In addition to the penalties and fines provided by this Section, the City and County of San Francisco may initiate a civil action against any person to compel compliance or to enjoin violations of this Section. In the event the City and County of San Francisco prevails in any such action, it may recover court costs and reasonable attorney's fees. In addition, the court shall award a civil penalty, not to exceed $1,000 or three times the total cost of the goods sold, whichever is greater for each violation, if the City proves that the violation occurred after the City provided written warnings or notices of such violations and the violations continued.
(f) Limitation of Actions. Any action brought under this Section shall be commenced not more than two years from the date of the sale.
(g) Severability. If any part of this Section, or the application thereof to any person or circumstances is held invalid, the remainder of this Section, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.
(Added by Ord. 61-00, File No. 992153, App. 4/14/2000)