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sr-112779-6eCA RLK:SSS:dd Council Meeting' TO FROM SUBJECT: °~~ ' '_1-c7-7g Santa MonicG 'California""0-- 3c~~y STAFF REPORT f!1~V 7 997~y Mayor and City Council City Attorney Item Pricing Ordinance INTRODUCTION This report transmits for second reading and adoption an ordinance requiring food items to be individually priced in grocery and other retail stores. The Council introduced this ordinance at the November 13, 1979, meeting (Item 8C ). BACKGROUND This ordinance requires grocery stores and other types of stores that sell food items. in the City of Santa Monica to use a labeling system called "Item Pricing", which requires easily legible prices in arabic numerals on individual packages and cans. This protection is currently provided on a statewide level in Business and Professions Code Section 13300 et. seq.; this law expires January i, 1980. The Santa Monica Ordinance would enact the provisions of this law on a local level, by adding Chapter 8 to Article IV of the Municipal Code. The ordinance as introduced by the Council differs from the draft version in the following respects: 1. The law applies to all retail grocery stores and grocery departments within general retail stores; the existence of an automatic check-out system is not a prerequisite. Therefore, the references to automatic check-out systems~mQV G 7 ~gx' in Section 4801(a) and (c) have been deleted. 2. The law contains an additional exemption for consumer-owned cooperative food stores, that sell only to cooperative members and not to the general public. Therefore, Section 4801(b)(6) has been added. 3. The Council authorized the creation of a private cause of action for violation of the law, accruing to single plaintiffs and not to multiple plaintiffs or class actions. Therefore, Section 4802(f) was added, to permit an individual to recover actual losses and expenses and civil penalties as provided in Section 48C2(a). ALTERNATIVES The Council may adopt the ordinance as introduced, modify it, or reject it. RECOPIMENDATION It is respectfully recommended that the Council adopt the ordinance as introduced. Prepared by: Richard L. Knickerbocker S~'ephen S, Stark - 2-