Item 28 - Self-Service Checkout Stations in Drug and Food Retail Establishments

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(2) Items subject to special theft-deterrent measures that are affixed to the item, including, but not limited to, electronic article surveillance, ink, or other tags, or items placed in locked cabinets, that require the intervention of an Employee to remove them before purchase. (c) Drug Retail Establishments and Food Retail Establishments shall notify the public of this Ordinance by prominently posting signage in a location accessible to customers, which includes either a link or QR code to the City of Santa Ana website regarding this Ordinance, a summary of the public's rights under this Ordinance, and enforcement options available to the public. (d) Self-Service Checkout stations shall be located to enable observation and surveillance from both employees of Drug Retail Establishments and Food Retail Establishments and local law enforcement. Section 8-3702. Self-Service Checkout staffing requirement. (a) Drug Retail Establishments and Food Retail Establishments that provide Self- Service Checkout options shall assign at least one (1) Employee to supervise the Self-Service Checkout operation at all times that Self-Service Checkout is in operation during business hours. The assigned Employee shall have no other work responsibilities that would interfere with their ability to maintain direct visual inspection and surveillance of the Self-Service Checkout operations. (b) In the event a Drug Retail Establishment or Food Retail Establishment operates two (2) or more Self-Service Checkout stations, the Drug Retail Establishment or Food Retail Establishment shall maintain a staffing ratio of at least one (1) Employee for every three (3) Self-Service Checkout Stations. The manner in which this standard is implemented may take into account operational and logistical feasibility. Section 8-3703. Enforcement. (a) Any Customer or Employee of a Drug Retail Establishment or Food Retail Establishment may bring a private right of action in the Superior Court of the State of California against a Drug Retail Establishment or Food Retail Establishment for violating this Chapter and, upon prevailing, may be awarded: (1) A civil penalty for each violation of this Chapter of one hundred dollars ($100) for each employee of the Drug Retail Establishment or Food Retail Establishment. Each day the violation is not cured, the penalty shall increase an additional one hundred dollars ($100) per employee per day up to a limit of one thousand dollars ($1,000) per employee per day for each day in which the violation remains uncured. Ordinance No. NS-XXX Page 3of5