A. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, civil unrest, storm, or natural or manmade disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest, storm, or natural or manmade disaster, and for a period of thirty (30) days following such proclamation or declaration, it shall be unlawful for any 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 or medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for an amount that exceeds ten (10) percent of the price charged by such person immediately prior to the proclamation or declaration of emergency, provided, however, that this prohibition shall not apply upon demonstration that the increase in price is directly attributable to additional costs imposed by the supplier of the goods or additional costs of providing such goods or services during the state of emergency and the price represents no more than ten (10) percent above the total of the cost to the seller plus the markup customarily applied by the seller for such goods or services in the usual course of business immediately prior to the onset of the state of emergency.
B. Upon the proclamation of a state of emergency resulting from an earthquake, flood, civil unrest, or storm declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest, or storm, and for a period of one-hundred and eighty (180) days following such proclamation or declaration, it shall be 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 ten (10) percent above the price charged by that person for those services immediately prior to the proclamation or declaration of emergency. However, a greater price increase shall not be unlawful if that person can demonstrate that the increase in price is directly attributable to the additional costs imposed by the contractor's supplier or to the additional costs of providing the service during the state of emergency and the price represents no more than ten (10) percent above the total of the cost to the contractor plus the markup customarily applied by the contractor for such goods or services in the usual course of business immediately prior to the onset of the state of emergency.
C. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, civil unrest, storm, or other natural disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest, storm, or other natural or manmade disaster, and for a period of thirty (30) days following such proclamation or declaration, it shall be unlawful for the owner or operate of a hotel or motel to increase the hotel or motel's regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than ten (10) percent. However, a greater price increase shall not be unlawful if the owner or operator can demonstrate that the increase in price is directly attributable to the additional costs imposed on him or her for goods or labor used in his or her business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates.
D. The provisions of this section may be extended for an additional thirty (30) day period by the Mayor and City Council if such extension is deemed necessary to protect the lives, property, or welfare of the residents of the City.
(Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)