SR-8B (18)
CA:f:atty\muni\strpts\mjm\pricing
city council Meeting 8-2-94
88
AUG 0 2 199't
Santa Monica, California
TO: Mayor and city council
FROM: City Attorney
SUBJECT: 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
INTRODUCTION
At its meeting of June 21/ 1994/ the city Council directed the City
Attorney to prepare an ordinance which would prohibit suppliers of
goods or services from discriminating in pricing based upon a
consumer's gender.
A proposed ordinance conforming to that
directive is attached.
ANALYSIS
Concern has arisen that some types of businesses charge more for
virtually identical goods or services based upon a consumer's
gender. For example, such discrimination sometimes occurs in the
pricing of dry cleaning and hair cutting services.
State law presently imposes a general requirement that business
establishments must provide equal services to all and may not
discriminate based upon "sex, race, color I religious ancestry I
national origin or disability. . . ." civil Code S51. However, state
law presently includes no specific prohibition against charging
more for goods or services based on gender. Legislation to this
AaO IJ
effect is proposed but has not yet been adopted.
The proposed
ordinance is similar to that legislation.
RECOMMENDATION
It is recommended that the city council adopt the proposed
ordinance.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Kimery A. Shelton, Deputy city Attorney
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CA:f:\atty\muni\laws\kas\pricing
City council Meeting 8-2-94
Santa Monica, California
ORDINANCE NUMBER (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:
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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:
section 4.32.170 Equal Pricing
Findings and Purpose
The City Council finds and declares:
(a) That discrimination against women in
the pr icing 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 Activities.
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
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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:
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 gUllty 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 punitlve damages and reasonable
attorneys fees, as may be imposed as provided
by law.
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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.
SECTION 6. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional 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:
7r;tt4~'- ~~~~-ftL.vH~.
MARSHA J~ES MOUTRIE
City Attorney
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