Ordinance No. 651:161
ORDINANCE NO. 651
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS ADDING SECTIONS 17 -30, 17 -31 AND 17 -32
TO THE CYPRESS CITY CODE RELATING TO ITEM PRICE
MARKING ON PACKAGED CONSUMER COMMODITIES.
The City Council of the City of Cypress hereby does
ordain as follows:
SECTION. 1. Sections 17 -30, 17 -31 and 17 -32 hereby are
added to the Cypress City Code to read as follows:
Sec. 17 -30. Item Price Marking on Packaged Consumer
Commodities - Definitions. For purposes of this Section and
Section 17 -31 and 17 -32, 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 tissues, toilet tissues,
foil wrapping, plastic wrapping, paper toweling, and
disposable plates and cups.
(3) Detergents, soaps and other. cleaning
agents.
(4) Pharmaceuticals, including nonprescrip-
tion 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 pre-
pared for consumption on the premises.
e. Person. An individual, firm, corporation,
partnership, association, or other organization group
or combination acting as a unit.
f. Sale Item or Special. Any consumer commodity
1 6 2 offered in good faith for some appropriate time period,
on sale at a price below the normal price that .item
is usually sold for in that store.
Sec. 17 -31. 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; provided, however, that said re-
quirement shall not apply to:
(1) Any unpackaged fresh food produce;
(2) Any consumer commodity under three cubic
inches in size and weighing less than three ounces and
priced for less than thirty cents ($0.30);
(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) Any consumer commodity which was not gen-
erally item - priced as of January 1, 1977, as determined
by the State of California Department of Food and Agri-
culture;
(7) Any consumer commodity offered as a sale
item or as a special.
Sec. 17 -32. Penalty.
a. Any person intentionally violating any of the
provisions of Section 17 -31 shall be deemed guilty of a
misdemeanor, and upon conviction thereof, shall he sub-
ject to a fine of not less than $100.00 and not more
than $500.00, or by imprisonment in the County jail for
a term of not more than six (6) months or by both such
fine and imprisonment.
b. Failure to have a clearly readable price in-
dicated on twelve (12) units of the same item of the
same commodity shall give rise to a rebuttable presump-
tion of intent to violate Section 17 -31.
c. Each additional twelve (12) units of the same
item that fail to have a price indicated on them shall
constitute a separate violation of Section 17 -31.
d. Each day that a violation continues after
notification thereof by any person to the grocery store
or department manager or assistant manager shall con-
stitute a separate violation and shall constitute a
presumption to violate Sec. 17 -31.
163
SECTION 2.: Severability. If any section, subsection,
subdivision, sentence, clause, phrase or portion of this sc,0
ordinance, or the application thereof to any person or pla'c e»
is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions
of this ordinance or its application to other persons or places.
The City Council hereby declares that it would have adopted this
ordinance, and each section, subsection, subdivision, sentence,
clause, phrase or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions, or the application thereof to
any person or place, be declared invalid or unconstitutional.
SECTION 3. The City Clerk is hereby authorized and directed
to certify as to the passage of this ordinance and to give notice
thereof by causing copies of this ordinance to be posted in
three public places within the City.
FIRST READ at a regular meeting of the City Council of said
City held on the 28th day of January 1980, and finally adopted
and ordered posted at a regular meeting of said Council held on
the llth
ATTEST:
day of February 1980.
CITY CLE rb
THE C
TY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
MAYOR OF TH CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at a regular
meeting of the said City Council held on the llth day of February
1980; by the following roll call vote.
AYES: 4 COUNCIL MEMBERS: Evans, Hudson, MacLain and Rowan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacavo
CITy ✓CL .RK OF THE CITY OF CYPRESS