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Home My WebLink AboutORDINANCES-1992-016-O-92e F-1 14- 02-20-92 04-09-92 04-23-92 05-18-92 05-19-92 16-0-92 AN ORDINANCE Amending Title 3, Chapter 27 of the City Code, Pertaining to Price Stating; Retail Establishments BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 3, Chapter 27 of the City Code of the City of Evanston, 1979, as amended, be and it hereby is further amended to read as follows: 3-27-1: DEFINITIONS: Unless the context otherwise requires, the following terms, as used in this Chapter, shall be construed according to the definitions given below. CITY: City of Evanston, Cook County, Illinois. CONSUMER COMMODITY: Goods that directly satisfy human wants. GENERIC: A non -brand name product offered for sale. MULTI-PAK: Refers to a series or group of pre- packaged items which have been further enclosed in a package or other protective covering, said group of items to be offered for sale as a single unit. PRE -PACKAGED: Refers to enclosure of consumer commodities in a package or other protective covering prior to display for the purpose of sale. PRINCIPAL PURPOSE: Chief or primary function or end. RETAIL STORE: For sale directly to the ultimate consumer. UNIVERSAL PRICE CODE: Information contained in a bar code printed on an item (or quantity of an 1 16-0-92 item) of merchandise or its packaging, wrapping, or container which, when exposed to a scanning device connected to a computer programmed with the proper information, will permit the computer to retrieve certain information relative to the item of merchandise, including but not limited to, a description of said item and its price. 3-27-2: PRICE TO BE POSTED; PACKAGING: (A) Unless otherwise exempted by provisions of this Chapter, it shall be unlawful for any store, the principal purpose of which is the retail sale of food and/or drugs, to display for sale any consumer commodity unless the selling price is accurately stated and marked thereon in a clear and conspicuous manner in arabic numerals which can be easily read by the consumer purchaser. (B) For any consumer commodity, the selling price shall also be stated on a sign contiguous to the point of display of the consumer commodity so priced. Shelf marking giving unit prices in ounces or pounds for the purpose of comparison shall be required of all retail sale of food and/or drug. Selling price letters shall be at least 1/2" high. (C) Each sale of a consumer commodity shall be documented by a receipt given to each purchaser, which receipt shall contain the date, record of the commodities purchased; and the selling price of each such commodity. (D) Every store shall have available for inspection, upon request, a list of all items offered for sale and the current prices thereof. All price lists must differentiate between generic and brand name products. Generic products must be so designated. Price lists must contain an effective date and an expiration date. (E) All meats, poultry and poultry parts pre -packaged on the store premises, sold or offered for sale shall be packaged in trays affording a minimum of ninety percent (90%) visibility of surface of the product sold pre- packaged. (F) The following items are exempted from the packaging requirements of subsection 3-27-2(E) above, and may be packaged in foam trays: 2 1 16-0-92 1. Ground beef 2. Boneless cube and sandwich steaks 3. Fresh or smoked sausage 4. Smoked bacon 5. Bacon skins 6. Fresh side bacon 7. Fresh or frozen poultry parts 8. Smoked offal (entrails) 9. Honeycomb tripe, kidneys, hearts and tongue 10. Beef liver 11. Beef hooves 12. Beef franks 13. Beef hocks 14. Pig tails 15. Pig feet 16. Pig snouts 17. Bones 18. Smoked sweet meat 19. Suet 20. Sweet breads 21. Neck bones 22. Salted meats 23. Casings 24. Hog maws 25. Spareribs, fresh or smoked 26. Cooked meat and poultry This exemption shall also apply to family pack assortments consisting solely of listed items. Family pack assortments which include any steaks, roasts or chops must conform to subsection (D)-requirements. 3-27-3: USE OF UPC OPTICAL SCANNERS: The price marking of individual items as required in Section 3-27-2(A) shall not be required if the retail store in which the items are offered for sale utilizes UPC optical scanners and receives an annual exemption permit from the City pursuant to Section 3-27-4. A letter requesting exemption must be submitted annually to the Finance Director and/or his/her designee. 3-27-4: CERTIFICATION FOR USE OF UPC OPTICAL SCANNERS: A store requesting certification for exemption from item pricing shall not be required to item - price goods, except fresh meat, poultry and produce items, if, evidence is presented to the Finance Director and/or his/her designee of compliance with Section 3-27-2(B)(C)(D)(E)(F). In addition the following conditions must be met: 3 l 16-0-92 (A) For advertised sale items, the brand name, name of the product, weight, measure or count if appropriate, selling price, unit price (if required) and termination date of sale must be posted on an replacement sign contiguous to the product with selling price letters 1/2" high. For unadvertised in-store sale items, the brand name, name of the product, weight, measure or count, regular price, sale price, unit price (if required), termination date of sale must be posted on an replacement sign contiguous to the product with seller's price letters 1/2" high. B. A sign or signs must be posted prominently, stating that all items not item priced, are sold at the price displayed on the shelf card or sign contiguous to the product. C. Any item marked with more than one UPC code or similar optical code must reflect the same price. D. All advertised sale items which are not item priced must be listed in advertising distributed to the general public, and available on the premises. Sale dates must be included in the advertising. This list is in addition to that required pursuant to 3-27-2D. E. Each retail store which is exempt from item pricing shall keep a log book of all errors in which the price marked on the shelf for an item is different form the price read by the UPC optical scanner, and such log book shall also contain the actions taken to correct such errors. This log book shall be open for inspection by the Finance Director, Inspection of Licenses or their respective designees and shall be monitored on a quarterly basis. F. Each UPC optical scanner shall be monitored and tested not less than quarterly. Certification of said test must be prominently displayed at or on the scanners. G. Each store utilizing UPC optical scanners shall make at least one scanner station available at all times for use by the consumer. H. Whenever the UPC optical scanner price of an item differs from the posted price as required in subsection A above, that item shall be given to the consumer without charge. A sign stating this provision must be placed in a conspicuous location within the store. The letters on this sign must be at least 1-1/2" high. 4 1i 16-0-92 3-27-5 ENFORCEMENT: (A) 1. Monitoring: All retail stores, the principal purpose of which is the retail sale of food and/or drugs, shall be subject to inspection no fewer than four times per year for compliance with this ordinance and any administrative procedures which may be promulgated from time to time by the City. 2. Monitoring shall include the random selection of not less than 50 items available for sale. Those stores which are required to item -price shall be deemed to be out of compliance if more than six percent (6%) of the items selected are not item -priced. Those stores which are exempted from item pricing shall be deemed to be out of compliance if more than six percent (6%) of the items selected reflect a discrepancy between the scanned price and the shelf price. (B) Penalties: Any retail store violating any of the provisions of this Chapter shall be fined a sum of not less than one hundred dollars ($100.00) nor more than five hundred ($500.00) for each offense. (C) Exemption Certificate Suspension: A unit pricing exemption certificate, issued pursuant to the provisions of this Code, may be suspended for cause after an opportunity for the aggrieved party to be heard in his/her own defense has been given. Charges of violations shall be investigated and a determination made as to their validity or invalidity. For purposes of this section, a judgment of a court of competent jurisdiction that a violation(s) has occurred is a determination of validity. Such a violation(s) shall constitute the requisite cause for suspension. No exemption certificate shall be suspended except after an opportunity to be heard at a public hearing, with a three (3)-day written notice to the exemption certificate holder of the public hearing. Information submitted by the exemption certificate holder shall be public information. The City Manager shall consider such arguments and pertinent facts and shall provide a brief written response within forty-five (45) days. The decision of the City Manager shall be final. SECTION 2: That ordinances or parts of ordinances in conflict herewith are hereby repealed. 5 l 16-0-92 SECTION 3: That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: ��if �-� , 1992 Adopted: i��L � � , 1992 ATTES t ity Clerk 1) Approved as t form: i Corporation Counsel Approved: % ;v , 1992 L'J Mayor 11 i? 51h