Ordinance 0983 ~ ~
ORDINA2dCE NO. 983
pt~ pgDINANCE OF T~E CITY OF CUP£RTINO AMENDING
CSAP'tER 5.36 TO TITLE 5 OP TEiE CUPERTIIJO
MQNICIPAL CODE TO PROVIDE POR AN ADDITIOtiAI+
EXE2~TION FROM TF~ GENERAL PROVZSION OF CFiAPTER
5.36 AND FURTHER TO MODIFY CERTAIIJ DEFZNITIONS
AND DSCLA1tING THE URGENCY THEREOF,
THE CITY COIJNCIL OF THE CITY OF CUPERTINO, STA'1'E OF CALIE'ORNIA
DOES ORDAIN AS FOLLOWS:
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~ Section 1 Amandment
3action 5.36.O10 ia hereby aa?ended to read as follows:
5.36.010 item-Pricin Re uired. Every retail qrocery store
or qroce~epartment wit ~.n a general retail merchandise store
which uses an automatic checkout system shall cause to have a
cleazly readable price indicated on each packaged conswner
coa~dity offered for sales provided, however, that said
requirement shall not apply to:
(1) Any consumer corsaodities which were not generally
item-priced on January 1, 1977, as detertnined by the
Department of Food and Agriculture pursuant to
subdivision (c) of Section 12604.5 of the California
gusiness and Profesaion Code as_effectiue July 8, 197~.
(2) Any unpacked fresh food produce.
(3) Any consumer commodities which are under three cubic -
inches in size, weiqh less than three ounces, and are
pricad under thirty cents (5.30).
(q) Any business which has as its only regular employees
the cwner thereof, or the parent, spouse, or child of
such owner, or, in addition thereto, not more than
two other regular employees.
(5) Identical iteans within a multi-item package.
(6j Items sold throuqh vending machine.
(7) Any consumer commodity offered as a sale item or
as a special.
Section 2 Amendme~ ~
Section 5.36.020 (5) is hereby amended to read as follows:
(5) "Sale item or special" means any conaumer commodity
offered in good faith for a period o! fourteen ddye
or less, on sale at a price below the normal price
, that item is usually sold for in that store.
Section 3 Ur enc C1ausQ. This ordinance is heteby declared an
' urgency measure an sha 1 be in full force and effect upon
its enactsnent. The facts constituting such urgency are as
follows:
Sections 13300 et seq• of Cnliforn3a Businees and
Professions Code became inoperative on January l, 1980.
The City Council of the City og Cupertino believes that
the public health, peace, confort, and general welfare
ia immediately and serinusly threatened by the elimittation
of these provisiona of state law in that retail qrocars
will be allowed, if this ordinance is nat edopted
immediately, to return to old methods of pricinq which
are not in the best interest of the general public.
INTRODUCED and ENACTED at a regular meetinq of the City Council
of the City of Cupertino this 19th day of F~~ry , 1980,
by the following vote:
AYES: Jackaon, 0'Re~fe, Rogers, Sparks, :feyera
NOES : None
AB5ENT: Nonn
ABSTAIN: None
ATTE3T: APPROVEDs
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