Parlier Municipal Code Ch. 1.25 Price Gouging Prohibitions in Emergencies

The city finds and declares that during a state of emergency as declared by the city council, including but not limited to an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease or other natural or man-made disaster merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods and services. It is the intent of the city council in enacting this chapter to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency for goods and services that are vital and necessary for the health, safety and welfare of consumers.

(Ord. No. 2020-03, § 1, 2020)

Upon the proclamation or resolution of a state of emergency declared by the city and for so long as the resolution declaring the emergency is in effect it is unlawful for a person, contractor, business or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency clean up, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight and storage services, or gasoline or other motor fuels for a price of more than ten percent greater than the price charged by that person for those goods or services immediately prior to the first proclamation or declaration or resolution of the emergency arising from the same conditions or event, whether declared by the Governor of the State of California, the County of Fresno or the city. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional cost imposed by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, during the state of emergency, and the price is not more than ten percent greater than the total of the cost to the seller plus the mark up customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency. To the extent practicable, all prices for all consumer goods sold at retail shall be marked on such items.

(Ord. No. 2020-03, § 1, 2020)

A violation of this chapter shall constitute an unlawful business practice and an act of unfair competition within the meaning of Section 17200 of the Business and Professions Code. The remedies and penalties provided by this section are cumulative to each other, the remedies under Section 17200 of the Business and Professions Code and the remedies or penalties available under all other laws of the State of California or under this code. A violation of this section is a misdemeanor punishable by a fine of ten thousand dollars for each violation. A violation of this chapter shall be deemed to constitute a public nuisance and this chapter may be enforced as an administrative charge pursuant to Chapter 6.12 of this code or by the commencement of a civil or criminal proceeding prosecuted by the city for collection of the fine imposed by this chapter. If prosecuted as a civil or criminal proceeding by the city attorney, the city may recover the administrative expenses, including but not limited to attorney's fees in addition to the fine mandated by this chapter.

(Ord. No. 2020-03, § 1, 2020)

For purposes of this chapter, the following terms of the following meanings:

"Consumer food item" means any article that is used or intended to be used as food, drink, confection or condiment by a person or animal.

"Emergency supplies" includes but is not limited to water, flash lights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails and hammers.

"Gasoline" means any fuel to power any motor vehicle or power tool.

"Goods" has the same meaning as defined in subdivision (c) of Section 1689.5 of the California Civil Code.

"Medical supplies" includes but is not limited to prescription or non-prescription medications, bandages, gauze, isopropyl alcohol and antibacterial products.

"State of emergency" means a natural or man-made emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease or other natural or man-made disaster for which a state of emergency has been declared by the President of the United States or by the Governor of the State of California or by the city council of the City of Parlier.

(Ord. No. 2020-03, § 1, 2020)