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Home My WebLink AboutORDINANCES-1982-009-O-829-0-82 AN ORDINANCE Amending Chapter 27 of Title 3 • Evanston City Code, 1979, as Amended, Relating to Price Stating; Retail Establishments • 1/15/82 1/22/82 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Chapter 27 of Title 3 of the City Code of the j� City of Evanston, 1979, as amended, relating to Price ii i Stating; Retail.Establishments, is hereby further amended by replacing in li its entirety the existing Chapter 27 with the following Chapter 27: CHAPTER 27 I! PRICE STATING; RETAIL ESTABLISHMENTS SECTIO14: 3-27-1: 3-27-2: 3-27-3: 3-27-4: 3-27-5: 3-27-1 AVERAGE PRICES: is Definitions Price to be Posted; Packaging Alternative Price -Notification Standards for Operation and Certification of Minimal Service Retail Stores Penalties DEFINITIONS: Unless the context otherwise requires, the fol- lowing terms, as used in this Chapter, shall be construed according to the definitions given below: is CONSUMER COMMODITY: GENERIC: LIMITED SELECTION OF BRANDS AND SIZES: A MINIMAL SERVICE RETAIL STORE: KULTI-PAK: Determined by comparing a random selection from the store requestinga certificate of ,exemption with the same items at two other full service stores, of comparable size, within a two-mile radius. Said random selection shall include items of like grade and quality items. Goods that directly satisfy human wants. A non -brand name product offered for sale. A total of no more than 1,000 items offered for sale. Any retail store operated by a person licensed for that purpose by the City which receives a certificate of exemption from the Finance Director as operating in compliance with standards set forth in this chapter. 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: 9-0-82 1/22/82 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. 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 in a clear and con- spicuous manner in arabic numerals which can be easily read by the consumer purchaser. (B) On any pre -packaged consumer commodities, the selling price shall be marked directly on the package. On any consumer commodity which is not pre -packaged, the selling price shall be stated on a sign contiguous to the point of display of the consumer commodity so priced. (C) Exception: Notwithstanding the provision of subsection (B) above, nothing contained herein shall be construed to require price marking upon the individual packages of the following classes of items: 1. Identical items within a multi -pack package which multi-pak package is properly price marked; 2. Single cigars and single packages of cigarettes; 3. Candy and chewing gum.and other confectionery items less than sixty (60) grams in size; 4. Items in vending machines; 5. Advertised sale items and milk in stores with a gross area not greater than six thousand (6,000) square feet. (D) All meats, poultry, and poultry parts pre -packaged in the store premises, sold or offered for sale shall be packaged in trays affording a mini- mum of ninety percent (90%) visibility of surface of the product sold pre -packaged. f 3-27-3: ALTERNATE PRICE -NOTIFICATION: The Finance Director of the City of Evanston is hereby authorized to permit the use of alternative price -notification procedures which may be of benefit to the citizens of the City of Evanston and consumers. The Finance Director may, in conjunction with such alternative procedures, exempt classes of persons from the individual pricing requirements of the foregoing sections and shall, in such event, apply the standards set forth in Section 3-27-4 below to ensure , accurate notice to consumers of the actual selling price of consumer products.! Such standards shall ensure that: ii 1� (A) The selling price of each consumer commodity is stated in a clear and conspicuous manner at the location where each such commodity is dis- played for sale. (B) Each sale shall be documented by a receipt given to each purchaser which shall contain a record of the commodities purchased and the selling i price of each such commodity. (C) The savings realized by reason of not requiring each individual pre- 1 packaged commodity to be price -marked shall be passed on to the , -2- 9-0-82 • • I] consumers. No person shall be deemed to comply with such regulations except those Ij receiving a certificate from the Finance Director, after application therefor on such form as the Finance Director shall prescribe, that such person complies with the standards. I 3-27-4: STANDARDS FOR OPERATION AND CERTIFICATION OF MINIMAL SERVICE RETAIL STORES: A minimal service retail store must apply to �I the City Finance Director for a certificate exempting it from price noti- fication and other requirements established for the operation of retail stores. The Finance Director, upon receipt of said application, shall cause an investigation to be made regarding such exemption, on the premises for !I which such exemption has been requested. (A) The class of those persons_ operating minimal service retail stores, as herein defined, is hereby exempted from those provisions of 3-27-2 above which require that the selling price of any pre -packaged commodity be marked directly on the package. (B) A minimal service retail store must offer items for sale at average prices at least 10% below such items, of like grade and quality, at i full service retail stores. (C) A minimal service retail store must offer a limited selection of brands and sizes and have little or no shelving. (D) No more than 20% of the items offered for sale in the minimal service retail store shall be fresh fruits, fresh vegetables, dairy products, j! frozen seafood, frozen red meats or frozen poultry. jl. (E) No fresh red meat, .fresh poultry or fresh seafood may be offered for !; sale in minimal service retail stores. (F) Minimal service retail stores must feature at least one of the fol- lowing attributes: j 1. No free bags supplied. ! 2. No employees available to put purchases in bags or to carry bags. 3. No check cashing services offered. (G) Each person operating a minimal service retail store shall: 1. Post the price and unit cost of all items offered for sale con- , spicuously at the location where customers select each item; 2. Furnish each customer his or her own copy of the list of 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; 3. Document each sale by means of a receipt, given to each purchaser, which shall contain a record of the commodities purchased and the selling price of each such commodity; i 4. Post the certificate of exemption next to the business license. i i (H) A minimal service retail store which is operated by a corporation or i person who operates conventional full service stores in Evanston and i which sells given items at the same prices in the minimal service retail store and the full service store must so indicate on the price -3- 9-0-82 'I �r list of the minimal service retail store and by means of a sign to be j posted at the checkout counter. I� 1. Letters on -the sign must be no less than 3 inches in height and 2. The sign and price list must state the following: •"Some products offered for sale in this store are !� available at the same price in our full service store. Such items are marked on the price list with jan asterisk I; (I) In no case may an item be offered at a higher price in a minimal service retail store than at a full service store in the same chain. M The number of items offered at the minimal service store, at the same price as at the full service store, may not exceed the number of items offered at a lower price in the minimal service store as compared with the full service counterpart. • • 1 (K) A certificate of exemption to operate a minimal service retail store may be revoked by the Finance Director upon failure of the person or cor- poration holding such certificate to adhere to the provisions of these regulations.. In the case of such revocation, the exemption provided for hereunder shall no longer apply to such person or corporation. j' 3-27-5: PENALTIES: Any retail store violating any of the provisions of this Chapter shall be fined a sum of not less than fifty 1 dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Any violation of any of the provisions of this Chapter, in addition to any of the fines provided for herein, may be grounds for revocation of any license issued by the City to any such violator. (Ord. 39-0-76) f SECTION 2: All ordinances or parts of ordinances in conflict j herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval_, and publication in the manner provided by law. Introduced: Z , 0 Adopted: ATTEST : ,,� Alu /! /A� �,_ty Clerk !� App'^oved as to f rm: Corporation Counsel 1982. 1982. Approved- 1982. ` �-' -4-