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O1760 CA:f:\atty\muni\laws\kas\pricing City Council Meeting 8-9-94 Santa Monica, California ORDINANCE NUMBER 1760 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROHIBITING DISCRIMINATORY PRICING OF GOODS AND SERVICES BASED UPON A CONSUMER'S GENDER WHEREAS, existing law of the State of California prohibits a business establishment from discriminating against a person based on the person's gender; WHEREAS, existing law does not specifically provide that a seller of goods or services may not discriminate with respect to the price charged for goods or services based on gender; and WHEREAS, the city desires to adopt an ordinance which will specifically address the existing gender-based discrimination in pricing by some business establishments in the city of Santa Monica; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1.. Santa Monica Municipal Code Chapter 4.32 is hereby amended to add a new section 4.32.170. SECTION 2. section 4.32.170 of the Santa Monica Municipal Code is added to read as follows: 1 section 4.32.170 Equal pricing Findings and Purpose The city Council finds and declares: (a) That discrimination against women in the pricing of consumer goods and services exists in the City of Santa Monica. (b) The existence of such discrimination has a disparate impact on women when they are charged more than men for certain goods and services; (c) That the overall effect of such discrimination is that women are harmed economically. SECTION 3. section 4. 32 . 171 is added to the Santa Monica Municipal Code to read as follows: section 4.32.171. Prohibited Activ.ities. No seller of goods or services, including a person who holds a Santa Monica business license under the provisions of this code, may discriminate, with respect to the price charged for goods or services, against a person because of the person's gender. SECTION 4 . Section 4.32.172 is added the Santa Monica Municipal Code to read as follows: 2 section 4.32.172. violation of section 4.32.171- Penalty and enforcement. (a) Any person who shall be convicted of violating the provisions of section 4.32.171 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Each day that a violation of this section occurs shall be considered a separate offense. (b) The City Attorney or any citizen may prosecute a civil action to enforce this Chapter and in any action obtain such legal and equitable relief, including the recovery of actual and punitive damages and reasonable attorneys fees, as may be imposed as provided by law. SECTION 5. Any provision of the Santa Monica Municipal Code or Appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. 3 SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. The Mayor shall sign and the. city Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: MARSHA JONES MOUTRIE City Attorney By ~TPIL MARTIN T. TACHIKI Chief Deputy city Attorney 4 Adopted and approved this 9th day of August, 1994. ~ d~ a~or I hereby certify that the foregoing Ordinance No. 1760 (CCS) was duly and regularly adopted at a meeting of The City Council on the 9th day of August, 1994; by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Greenberg ATTEST: ~~*k/4?