SEC. 900. DEFINITIONS.

   For purposes of this ordinance, the following definitions shall apply:

   (a)   Automatic Checkout System. An electronic system employing a scanning device combined with a computer and register to read a universal product code or similar code on packaging and display and total the cost of the items purchased.

   (b)   Consumer Commodity.

      (1)   Food, including all material whether solid, liquid, or mixed, and whether simple or compound, which is used or intended for consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients added to any such material for any purpose. This definition shall not apply to individual packages of cigarettes or individual cigars.

      (2)   Paper and plastic products, such as, but not limited to, napkins, facial tissue, toilet tissue, foil wrapping, plastic wrapping, paper toweling, and disposable plates and cups.

      (3)   Detergents, soaps and other cleaning agents.

      (4)   Pharmaceuticals, including nonprescription drugs, bandages, hygiene products, and toiletries.

   (c)   Grocery Department. An area within a general retail merchandise store which is engaged primarily in the retail sale of packaged food, rather than food prepared for immediate consumption on or off the premises.

   (d)   Grocery Store. A store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.

   (e)   Person. An individual, firm, corporation, partnership, association or other organizational group or combination acting as a unit.

(Added by Ord. 598-79, App. 12/3/79)

SEC. 901. ITEM PRICES.

   Every retail grocery store or grocery department within a general retail merchandise store which uses an automatic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale on or after January 1, 1980, provided, however, that said requirement shall not apply to:

      (1)   Any unpackaged fresh food produce, or fresh dairy product;

      (2)   Any consumer commodity under three cubic inches in size or weighing less than three ounces or priced for less than 30 cents;

      (3)   Any grocery business which has as its only regular employees the owner thereof, or the parent, spouse, or child of such owner, or in addition thereto, not more than two other persons employed on a regular schedule for a continuing period of time;

      (4)   Identical items within a multi-item package;

      (5)   Items sold through a vending machine;

      (6)   "Special" or "sale" items offered for sale at less than normal price, for a period of seven days or less.

(Added by Ord. 598-79, App. 12/3/79)

SEC. 902. PENALTY.

   (a)   Any person intentionally violating any of the provisions of Section 901 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than $100, and not more than $500, or by imprisonment in the jail of the City and County for a term of not more than six months or by both such fine and imprisonment.

   (b)   Failure to have a clearly readable price indicated on 12 units of the same item of the same commodity shall constitute a presumption of intent to violate Section 901.

   (c)   Every additional 12 units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate Section 901.

   (d)   Each day that a violation continues after notification thereof by any person to the grocery store or department manager or assistant manager shall constitute a separate violation and shall constitute a presumption to violate Section 901.

(Added by Ord. 598-79, App. 12/3/79)

SEC. 903. INJUNCTIVE RELIEF.

   (a)   Any person may bring an action in any court of competent jurisdiction to enjoin a violation of Section 901.

   (b)   Persons violating Section 901 shall be liable to any person injured for losses and expenses and attorney's fees incurred as a result of the violation and for the sum of $50 in addition thereto. This remedy shall apply only to actions brought by or on behalf of a single plaintiff and shall not apply to multiple plaintiffs or class actions.

(Added by Ord. 598-79, App. 12/3/79)

SEC. 904. SEVERABILITY.

   If any part or provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the remainder of the ordinance, 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. To this end provisions of this Article are severable.

(Added by Ord. 598-79, App. 12/3/79)