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Form a Business

REGULATION OF WEIGHTS AND MEASURES

Municipal Code of Chicago tit. 4, ch. 4-276
in effect

Municipal Code of Chicago § 4-276-005 Definitions.

4-276-005 Definitions. The following definitions shall apply for purposes of this chapter: "Advertisement" means any offer to sell a commodity to the public at retail by any form of public notice, however disseminated or utilized. "Avoirdupois weight" means weight based on the 16-ounce pound as well as decimal or common fractions thereof. "Bulk foods" means food for sale in aggregate containers from which specific quantities desired by the consumer are withdrawn by the consumer (otherwise known as "self-service"). The term does not include fresh whole fruits or fresh whole vegetables. "Commissioner" means the commissioner of business affairs and consumer protection or the commissioner's designee. "Consumer commodity" means a consumer item that is consumed and replaced by consumers on a regular basis. The term "consumer commodity" includes, but is not limited to, the following items, however packaged or contained: (1) Food, beverages (including liquor), other items intended for consumption by humans or animals and all substances or ingredients to be added to food; (2) Paper, metal, and plastic products, including but not limited to napkins, facial tissues, toilet tissues, foil wrap, plastic wrap, paper toweling, wrapping paper, cordage, disposable diapers, and disposable plates; (3) Detergents, solvents, waxes, soaps and other cleansing agents, sponges and similar cleaning accessories, and lubricants; (4) Non-prescription drugs, personal care items, including female hygiene products, bandages, and toiletries; and (5) Household products, including light bulbs, disposable cameras, batteries, camera supplies, candles, tape, and adhesives. The term "consumer commodity" shall not include: (1) Unpackaged fresh produce; (2) Individual items under three cubic inches in size; (3) Individual items weighing less than three ounces; and (4) Individual items priced under fifty cents. "Department" means the department of business affairs and consumer protection. "Distillate fuels" includes fuel in liquid form which can be used for heating purposes and which has an American Petroleum Institute gravity nominally greater than 22: provided, however, the term shall not include oil that has a Saybolt universal viscosity of more than 55 seconds at 100 degrees Fahrenheit. "Establishment" means each separate store or business location, whether or not affiliated with any other store or business location, where merchandise is offered for sale to the public, including, but not limited to, wholesalers, bulk sellers, and private membership sellers of merchandise directly to consumers. "Lead-based coatings" means any paint, lacquer, or other applied liquid surface coatings, and putty, which contain a quantity of lead more than six-hundredths of one percent by weight of its nonvolatile content. "Merchandise" means and includes any objects, wares, goods, commodities, intangibles, real estate or services. "Outdated merchandise" means merchandise that is offered for sale beyond the date specified by the manufacturer of the merchandise. Such date may or may not be preceded by, but is not limited to, such terms as "last sale date", "use by", "best if used by", or "expires on". "Price" means the amount stated in U.S. dollars and cents asked or charged for an item offered for retail sale. "Reference price" means an advertised price to which a selling price is compared in advertising which employs comparative pricing. The term "reference price" includes, but is not limited to, the use of such terms as "if perfect", "list price", "regular price", "full price". "retail price", "former price", or words of similar import. "Sale" means any sale, offer for sale, or attempt to sell any merchandise for cash or on credit. "Sale items" means goods offered by the seller for less than the regular price. "Selling price" means the price at which a consumer commodity is sold at retail on any given date. "Toxic heavy metal based coatings" means any paint, lacquer, or other applied liquid surface coating and putty which contains antimony, arsenic, cadmium, mercury or selenium of which the total metal content, individually or in total, exceeds five hundredths of one percent of the total weight of the contained solids or dried paint film. "Unit price" means the price of individual consumer commodities, calculated by dividing the total retail selling price by the total count, measure or weight of the individual item. "Weight" means net weight. (Added Coun. J. 3-9-11, p. 113698, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 53)

Municipal Code of Chicago § 4-276-010 Inspection - Certificate of accuracy.

4-276-010 Inspection - Certificate of accuracy. Every person using weights, measures, scale beams, patent balances, steelyards or any instrument in weighing or measuring any article intended to be purchased or sold in the city, or any article weighed or measured for shipping or receiving purposes, or in weighing or measuring any person or animal for hire or reward, shall cause the same to be inspected and sealed by the commissioner and shall obtain a certificate of accuracy in accordance with the provisions of Section 2-25-050(b)(27) of this Code. No person shall refuse to exhibit any weight, measure, scale beam, patent balance, steelyard or other instrument to the commissioner for the purpose of being so inspected and examined. No person shall use any weighing or measuring device for commercial purposes without first having obtained a certificate of approval from the commissioner as provided in Section 2-25-050 of this Code, nor shall any person use any such weighing or measuring device that is incorrect or defective. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $100.00 for each offense. Each violation of this section shall constitute a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-020 Inspection fees.

4-276-020 Inspection fees. (a) Before the delivery of certificates provided for by this chapter, the commissioner shall charge and receive inspection fees as set by rules and regulations promulgated by the commissioner pursuant to subsection (b) of this section for the following services: For inspecting and sealing scales; For inspecting and sealing hopper scales; For inspecting and sealing two-bushel, one-bushel and half-bushel measures; For inspecting and sealing any other dry measures; For inspecting and sealing every automatic weighing machine or other similar device; For inspecting and sealing liquids measures; For inspecting and sealing any automatic machine used for measuring liquids; For inspecting and sealing yard measures; For inspecting and sealing any linear measure; For inspecting and sealing any tape line; For inspecting and sealing any automatic machine used for lineal measuring; For inspecting and sealing any automatic pump used for measuring gasoline, oils, etc.; For measuring a quantity of coal or wood and issuing a certificate of approximate measure or weight of same; For weighing or measuring any other commodity and issuing a certificate of weight or measure; For inspecting and sealing gasoline and fuel oil tank trucks, wagons or trailers; and For inspecting and sealing any meter used for measuring gasoline, oils, etc. (b) The commissioner shall promulgate rules and regulations setting the fees for the inspections and sealings of the weights and measuring devices specified in subsection (a) of this section. The commissioner shall give public notice of proposed rules or regulations setting fees a minimum of 10 business days prior to the effective date of such rules and regulations in one or more newspapers of general circulation. Such public notice shall include information concerning where the rules or regulations can be reviewed and where comments may be directed. Such fees shall be based on the city's reasonable costs of administration, and such reasonable administration costs shall be documented by the commissioner every time any fee is changed. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-17-93, p. 42192; Amend Coun. J. 11-10-94, p. 59125; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-030 Limitations on fees.

4-276-030 Limitations on fees. It shall not be lawful for the commissioner to make charges for inspecting and examining weights, measures, scale beams, patent balances, steelyards or other instruments used for weighing, more than once in each year unless such weights, measures, scale beams, patent balances, steelyards, or other instruments used in weighing and measuring shall be found to be not conformable to the said standards set forth in rules and regulations promulgated by the commissioner. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-040 Incorrect measures.

4-276-040 Incorrect measures. If any person shall use, maintain or operate in the city, in weighing or measuring any weight, measure, scale beam, patent balance, steelyard or other instrument which shall not be conformable to the standard of this state, or shall use in weighing, any scale beam, patent balance, steelyard or other instrument which shall be out of order or incorrect, or which shall not balance, such person shall be fined for every such offense not less than $50.00 nor more than $200.00. In every case where the said inspector may, at the request of the owner or person in possession or control of any scale, weight or measure, employ labor or material in making such scale, weight or measure accurate, the department shall charge and receive from such owner or person, for the use of the city, a just and reasonable compensation for such labor and material. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1; Amend Coun. J. 5-9-12, p. 27485, § 137; Amend Coun. J. 11-8-12, p. 38872, § 130)

Municipal Code of Chicago § 4-276-050 Condemned instruments.

4-276-050 Condemned instruments. Any weight, measure, scale, beam, patent balance, steelyard or other instrument used for weighing that does not conform to the standard of this state shall be marked "condemned", and the owner thereof shall within ten days thereafter have the same property adjusted and sealed, or be subject to a penalty of not more than $10.00; and the department may, at any time after the expiration of the time aforesaid, seize and destroy any and all such condemned weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing found in use. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-276-070 Peddlers' scales.

4-276-070 Peddlers' scales. All itinerant peddlers and hawkers using scales, balances, weights or measures shall take the same to the office of the commissioner before any use is made thereof and have the same sealed and adjusted annually; and any such person failing to comply with the provisions of this section shall be regarded as having committed a separate and distinct offense each day such person shall use such scales, balances, weights or measures without having the same adjusted and sealed as hereinbefore provided. Any itinerant peddler or hawker found using any ice scale shall be subject to a fine of not less than $10.00 nor more than $50.00 for each offense. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-080 Pumps and liquid measuring devices.

4-276-080 Pumps and liquid measuring devices. Any person owning, operating or using any automatic or mechanical pump or liquid-measuring device for the purpose of measuring any liquid commodity to be sold or offered for sale within the city shall provide proper tested standard measures, and shall each day before making the first sale in the morning, and always before commencing to sell a new supply of liquid, test the accuracy of the device so in use. No person shall use such automatic or mechanical pump or device without first having obtained a certificate of approval from the department as provided in Section 2-25-050(b)(27) of this Code, nor shall any person use any such automatic or mechanical pump device that is incorrect or defective. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-090 Measurement of fuel oil.

4-276-090 Measurement of fuel oil. No person shall sell distillate fuels by any other than liquid measure using the standard gallon as the unit measure. No person shall sell or deliver or attempt to sell or deliver to any purchaser in excess of ten gallons of any distillate fuel unless measured at the place and time of delivery by means of a meter or five-gallon liquid measure, tested and sealed by the department; provided, that deliveries of distillate fuel in quantities of 2,000 gallons or more or of residual fuel of any quantity may be measured either through a meter or by a vehicle tank which has been tested and sealed by the department of weights and measures. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-110 Distillate fuels - Meter-recording element.

4-276-110 Distillate fuels - Meter-recording element. Each and every delivery from any vehicle tank or other wheeled conveyance, of distillate fuels, required to be measured by meter at the place of delivery, shall conform to the following requirements: (a) The meter shall be equipped with a recording element, i.e., a ticket printing device; this element or register to print upon the delivery ticket either the gallonage reading before and after delivery or the zero indications and total number of gallons delivered. (b) Any meter not now equipped with a recording element shall be so equipped within a period not to exceed 90 days from and after the effective date of this section. (c) The delivery ticket shall be inserted in the recording element after the vehicle reaches the place of delivery and shall not be carried in the recording element while the vehicle is in transit. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-276-120 Distillate or residual fuel delivery requirements.

4-276-120 Distillate or residual fuel delivery requirements. All vehicle tank deliveries of either distillate or residual fuels shall conform to the following requirements: (a) Each vehicle tank, liquid-measure device and appurtenances used in such delivery shall conform to the requirements prescribed therefor in the United States Bureau of Standards Handbook 44 in its latest form and in the laws and regulations of the State of Illinois. (b) Upon completion of each delivery, the delivery ticket and at least one duplicate thereof shall be completed, and one copy thereof shall be given to the purchaser or to an agent of the purchaser or in the absence of both shall be left at the place of delivery. (c) On each delivery ticket there shall be distinctly and legibly expressed the date of delivery, the name and address of the seller, the name and address of the purchaser, the gallonage reading before and after delivery or the number of gallons delivered, and the signature of the person making the delivery. (d) All delivery tickets shall be serially numbered and no ticket or duplicate thereof shall be destroyed but may be voided and kept on file. At least one copy of each delivery ticket shall be retained and preserved for a period of at least two years after the date of delivery and shall be available for inspection by the commissioner. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-130 False delivery ticket - Substitute product.

4-276-130 False delivery ticket - Substitute product. (a) It shall be unlawful for any person to deliver or attempt to deliver to any purchaser any kind or grade of distillate fuel other than that ordered by the purchaser, unless the purchaser is notified before delivery is made. (b) Any person who shall furnish to any person making or in charge of a delivery of distillate fuels or to any person to whom such a delivery is made, a false or fraudulent delivery ticket or a ticket which does not show the actual meter measurement of the quantity delivered shall, upon conviction, be fined not less than $50.00 nor more than $200.00. (c) It shall be unlawful for any person to deliver or attempt to deliver to any purchaser in the City of Chicago, distillate fuels at an artificially produced temperature in excess of 60 degrees Fahrenheit. (d) It shall be unlawful for any person making or in charge of delivery of distillate fuel to refuse, fail or neglect to deliver to the commissioner upon demand therefor, any ticket evidencing any delivery subject to the provisions of Sections 4-276-110 and 4-276-120 of this chapter. If the inspector or deputy desires to retain the ticket, he shall make and deliver to the person a signed receipt therefor. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-140 Vehicle tank meter - Alteration or removal.

4-276-140 Vehicle tank meter - Alteration or removal. If, after the approval, testing and sealing by the department of any vehicle tank, meter or measuring device used in delivering distillate fuels it shall be necessary to adjust, repair or alter the same or to remove a meter from a vehicle tank to which it is affixed at the time of testing and sealing or to install the same on any other vehicle tank, immediate written notice shall be transmitted in person or by mail to the commissioner. All adjustable elements on such vehicle tank, meter or measuring device shall seal with a lead and wire seal by the person or agency making the adjustment, repair, alteration or removal, pending a retest by the department of business affairs and consumer protection. Any person failing to seal such adjustable elements or transmit such notice shall be subject to a penalty of not less than $25.00 nor more than $200.00 for each offense. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-150 Nonapplicability to certain fuel oils.

4-276-150 Nonapplicability to certain fuel oils. The provisions of Sections 4-276-110 through 4-276-140 shall not apply to fuel oils delivered in packages or in tank cars by railroad, nor to deliveries by pipeline, boat or barge, nor to deliveries by any method from a refinery, pipeline terminal or boat or barge terminal into storage at a wholesale distributing plant of a liquid fuel dealer or distributor. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-160 New equipment.

4-276-160 New equipment. Where any new or additional equipment or appurtenance, except a meter-recording element or register, is required by the provisions of Sections 4-276-090 to 4-276-120 inclusive, a period of six months from and after the effective date of said sections shall be allowed for the procurement and installation of the same, provided that the commissioner shall allow additional grace periods of not to exceed six months each for such procurement and installation if it appears that such additional time is necessary because the equipment or appurtenance cannot be obtained and installed during the time theretofore allowed. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-180 Gasoline and petroleum products.

4-276-180 Gasoline and petroleum products. It shall be unlawful for any person to sell or offer for sale at retail, gasoline or petroleum products for motor vehicle use, in any manner which deceives or tends to deceive a purchaser or prospective purchaser as to price, quality or identity of the product. The commissioner is authorized to promulgate rules and regulations for pumps, dispensing devices, or containers pursuant to the American Society for Testing Materials (ASTM) Standard Specifications for Gasoline (D-439-73) and subsequent revisions thereof, and American Society for Testing Materials (ASTM) Test Methods, including but not limited to (D-2699), (D-2700), (D-613), (D-439-73), (D-3237), (D-3116) and (D-526) and subsequent revisions thereof. Any person violating any of the provisions of this section shall be fined not less than $50.00, nor more than $500.00, for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. In addition to any fine provided for herein, violation of this section may be grounds for revocation of any license issued by the City of Chicago to any such violator. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-190 Self-service motor fuel dispensing.

4-276-190 Self-service motor fuel dispensing. It shall be unlawful for any person owning or operating a filling station to permit any person other than himself or an employee to dispense flammable and combustible liquids used as motor fuels in a filling station except pursuant to regulations issued by the commissioner. Such regulations shall provide for safety in the dispensing of such motor fuels and for fairness in price, in the disclosure of price and service; provided, however, that such regulations will not require that full- service dispensing equipment also be maintained on the station premises. Any person violating any of the provisions of this section shall be fined not less than $100.00 nor more than $300.00 for the first offense and not less than $300.00 nor more than $500.00 for the second and each subsequent offense in any 180-day period. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. In addition to any fine provided herein, violation of this section may be grounds for revocation of any license or permit issued by the City of Chicago to any such violator. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-200 Solid fuel sale.

4-276-200 Solid fuel sale. Every person selling or offering for sale solid fuel in the city shall sell the same by avoirdupois net weight. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-276-210 Weighing of feed.

4-276-210 Weighing of feed. For the purpose of computing the weight of any hay, straw, grain or millfeed sold and delivered in the city, or sold elsewhere to be delivered within the city, avoirdupois weight shall be used, and 100 pounds shall be and constitute an hundredweight, and 20 such hundredweight or 2,000 pounds avoirdupois shall constitute a ton. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-276-220 Stone, sand and gravel.

4-276-220 Stone, sand and gravel. Any person engaged in the business of selling crushed stone, bank sand, torpedo sand, or gravel within the city for delivery in the said city shall, in the absence of a contract or agreement in writing to the contrary, sell the same by standard avoirdupois net weight and in no other way. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $100.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-230 Ice.

4-276-230 Ice. Every person selling ice or offering ice for sale shall, at time of delivery of any ice sold, weigh the quantity of ice delivered, and for that purpose will be provided with a steelyard balance or other apparatus for weighing such ice which shall have been duly adjusted and sealed by the commissioner in accordance with the provisions of this chapter. All ice sold within the city shall be sold by avoirdupois weight unless it is otherwise specifically agreed upon between the buyer and seller. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-240 Food items to be sold by net weight - Exceptions.

4-276-240 Food items to be sold by net weight - Exceptions. It shall be unlawful for any person to advertise for sale, keep for the purpose of sale, offer or expose for sale, or sell, except for immediate consumption on the premises, or when sold as one of several elements comprising a ready-to-eat meal, whether cooked or uncooked, any fruit or fruit products, vegetables or vegetable products, live and dressed poultry, poultry products, meat, meat products, nonliquid animal products, fish and fish products, butter, cheese and other similar dairy products, except eggs, otherwise than by standard avoirdupois net weight delivered to the purchaser or prospective purchaser; provided, however, that any fresh produce may be sold by the bunch, each or weight subject to restrictions as may be contained in the rules and regulations of the commissioner; and provided, that any of the said products, when sold in package form, shall comply with this Code's requirements for packages. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-260 Food packaging - Weight and price marking.

4-276-260 Food packaging - Weight and price marking. All packages of meat, meat products, poultry, poultry products, fish, fish products, nonliquid animal products, cheese, fruits and vegetables prepared and wrapped by the retailer in advance of being exposed or offered for sale by the retailer shall be accurately weighed and, in addition to the net weight marked thereon, shall be marked with a unit price, and the total selling price. The unit price shall be calculated using the same unit of weight for all similar packaged products. Provided however, that fresh produce items such as heads of lettuce, cabbage or items as specified by the rules of the commissioner, wrapped in transparent material, shall not be considered packaged as defined in this section. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-265 Country of origin.

4-276-265 Country of origin. Any retailer that offers for sale or sells any covered commodity shall inform consumers of the country of origin of the covered commodity in accordance with Subtitle D of the Agricultural Marketing Act of 1946, codified at 7 U.S.C. 1638, et seq., as amended (for purposes of this section, "Act") and regulations promulgated thereto. Provided, however, the requirement of this section shall not apply to any retailer that is not required to inform consumers of the country of origin of covered commodities under the Act. For purposes of this section, the term "covered commodity" shall have the meaning ascribed to it in Section 1638 of Title 7 of the United States Code. (Added Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-280 Requirements for meat or poultry.

4-276-280 Requirements for meat or poultry. It shall be unlawful to advertise, offer for sale, or sell any perishable meat or poultry prepackaged or otherwise, except processed meats and poultry such as sausage, luncheon meat, smoked or cooked meat, poultry rolls or canned poultry, unless it complies with standards established by the United States Department of Agriculture. Failure to comply with United States Department of Agriculture standards in the advertisement of or on the product or package offered for sale or on a sign describing the meat or poultry being offered for sale is prima facie evidence of a violation of this section. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-290 Fresh berries and small fruits.

4-276-290 Fresh berries and small fruits. All fresh berries, cherries, currants and other small fruits sold or offered for sale in the city shall, in the absence of a special agreement in writing signed by the parties thereto to the contrary, be sold, if in bulk, by standard avoirdupois net weight, or by numerical count, or in uniform size baskets, boxes, or other receptacles containing one quart or one pint standard dry measure or multiples thereof, and in no other way. The said receptacles shall be uniformly and evenly filled throughout. Said baskets, boxes or other receptacles in which, or out of which, such small fruits are sold or offered for sale shall not be required to be tested and sealed, but the commissioner may at any time test the capacity of the basket, box or other receptacle in which, or out of which, said berries, cherries, currants or other small fruits are sold or offered for sale. Any person selling or offering for sale any such small fruits in any basket, box or other receptacle that is of a capacity different from that hereinbefore provided, or in any basket, box or other receptacle that is not uniformly and evenly filled throughout, shall be fined not less than $25.00 nor more than $100.00 for each offense. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-300 Net quantity on packages - Required.

4-276-300 Net quantity on packages - Required. It shall be unlawful to keep for the purpose of sale or to offer or expose for sale, or sell, any commodity in package form unless the net quantity of the contents is plainly and conspicuously marked on the outside of the package, in terms of weight, measure or numerical count; provided, however, that reasonable variations or tolerances shall be permitted, and that these reasonable variations or tolerances and exemptions shall be those established by rules and regulations made and promulgated by the Director of Agriculture of the State of Illinois; and provided, further, that this section shall not be construed to apply to those commodities in package form the manner of sale of which is specifically regulated by other provisions of this Code. The words "in package form" shall be construed to include both the wholesale and the retail package. "Package", as used in this section, does not include any container in which are packed or contained packages of a smaller size of a commodity, but this section applies only to the container directly enclosing the commodity. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-310 Repacking fruit and vegetables.

4-276-310 Repacking fruit and vegetables. Any person selling or offering for sale any fresh or green fruit or vegetables which have been emptied from and repacked in barrels, boxes, baskets or other receptacles, shall clearly stamp or write upon the outside of such barrels, boxes, baskets or other receptacles, in a conspicuous place, the words "repacked by" and, following such words, the name of the person so repacking the said fruit or vegetables. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $100.00 for each offense. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-276-320 Milk or cream in bottles.

4-276-320 Milk or cream in bottles. No person shall sell or offer for sale within the city any milk or cream in bottles, or in glass jars, unless each of said bottles or glass jars in which said milk or cream is sold or offered for sale shall have blown into it or otherwise indelibly and permanently indicated thereon in a legible and conspicuous manner the capacity thereof; and the commissioner shall have the right at any time to examine any bottle or glass jar in which milk or cream is sold or offered for sale in the city, or which is used by any person for the purpose of containing milk or cream to be sold or offered for sale, in order to ascertain whether such bottle or jar is of a capacity not less than that which it purports to be; provided, that the test of 48 bottles or glass jars to be used for milk or cream sold or offered for sale containing milk by any person shall be taken by said inspector, and this section shall be construed as having been complied with if such number of bottles or glass jars contain the full capacity herein required; provided further, however, that bottles or jars marked "quarter pint" shall contain not less than 30 drams, "half pint", not less than 62 drams, "pint", not less than 125 drams, "quart", not less than 252 drams, "three pints", not less than 379 drams, "two quarts", not less than 506 drams; and provided, further, that no bottle or glass jar shall be considered a legal measure except for the distribution of milk or cream to consumers. Any person violating any of the provisions of this section shall be fined not less than $2.00 nor more than $100.00 for each offense, and the possession of each bottle or glass jar not so marked as provided in this section or of a lesser capacity than marked thereon and used or to be used, or which has been used by such person for the purpose of containing milk or cream to be sold or offered for sale in the city, shall constitute a separate and distinct offense. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-350 Scales required when.

4-276-350 Scales required when. Every person selling or offering for sale any service, commodity, produce or article of merchandise, sold by weight, shall keep and maintain in a conspicuous place on his premises, scales suitable for weighing such commodity, produce or article of merchandise, and shall, whenever requested by the buyer and in the buyer's presence, weigh the commodity, produce or article of merchandise sold or offered for sale. Wherever meat, poultry or other articles of merchandise sold by weight and prepared or wrapped in advance of being sold by the retailer, are being offered for sale, an accurate computing scale of adequate capacity shall be placed or set no more than 30 feet from the prepackaged display counter or service area. A prominent and conspicuous sign shall be placed on or adjacent to the computing scale, such sign shall read "for customer use", in a type size no less than two inches in height. Where the prepackaged merchandise is marked with weight expressed in the standard avoirdupois pound and decimal fractions thereof, a conversion chart showing the correlation between the decimal fractions and common fractions of the avoirdupois pound, in a type size no less than 12-point, shall be prominently and conspicuously displayed. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-360 Load lots.

4-276-360 Load lots. Every load of solid fuel of more than 1,000 pounds, or of any other commodity, produce or other article of merchandise sold in load lots by weight, delivered by vehicle within the city, shall be weighed. A certificate of weight for each such load shall be delivered by the driver or person in charge of the vehicle to the purchaser or consignee of such load, or to his or their agent, at the time of the delivery and before any of the commodity, produce or article of merchandise is removed from the vehicle, or such certificates shall be delivered to the commissioner upon the commissioner's demand. When delivery is made, in case no person is present to receive such commodity, produce, or other article of merchandise, and if the purchaser or consignee, or his or their agent, cannot be located, then the certificate of weight hereinbefore provided for shall be posted conspicuously at the place of delivery before any of the commodity, produce or article of merchandise is removed from the vehicle. No person shall alter any certificate of weight or attempt to use the same for any other load than the one for which the same was given, or diminish the quantity of such load after the weighing and before the sale and delivery thereof. The weight certificate shall remain at all times on the vehicle conveying the load until it is delivered by the driver to the purchaser or posted as provided above at the point of delivery. Ice sold in load lots by weight is exempted from all of the requirements of this section. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-370 Certificate of weight - Contents.

4-276-370 Certificate of weight - Contents. The certificate of weight shall show the date of weighing, the net weight, the kind and grade of such commodity, and the name and address of the seller and purchaser thereof. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-390 Delivery ticket - Required.

4-276-390 Delivery ticket - Required. When solid fuel is sold or delivered in lots of less than 1,000 pounds or any commodity is sold in less than load lots, the seller shall give a delivery ticket to the purchaser, his agent, or the person to whom the delivery is to be made, before the delivery of such commodity, or to the commissioner upon the commissioner's demand. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-410 Weighing memorandum requirements.

4-276-410 Weighing memorandum requirements. All railway companies and all persons operating elevators or warehouses which maintain in the city delivery team track yards equipped with scales shall, upon the delivery by them of any hay, straw, grain or millfeed to the consignee or to the person having an order from the consignee for the delivery thereof, where such commodity is removed from such yards in wagon- load lots or in amounts less than load lots, weigh the same and deliver to the person in charge of any vehicle furnished by the consignee or by the person having his order, a certificate of weight or delivery ticket, which shall comply with all the requirements of this chapter relating thereto, and which shall show the name or the initials of the railroad company or of the elevator or warehouse issuing such certificate of weight or delivery ticket, and the location of the scale upon which such hay, straw, grain or millfeed is weighed. No fee shall be charged for such weighing and for the issuing of said memorandum. Any person violating any of the provisions of this section shall be fined not less than $50.00 nor more than $200.00 for each offense. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-450 False certificates and delivery tickets.

4-276-450 False certificates and delivery tickets. No person shall sell and deliver, or attempt to deliver, any load lot of any commodity sold in load lot by weight and delivered by vehicle within the city, of a quantity less than that called for by the certificate of weight or delivery ticket. No driver or person in charge of such delivery shall fail, neglect or refuse to deliver to the commissioner upon demand the aforesaid certificate or delivery ticket before any part of such load is removed from the vehicle, nor refuse to comply with the commissioner's request to reweigh the same in order that the weights stated in such certificate or delivery ticket may be verified. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each such offense. No person selling, delivering or attempting to deliver any commodity in load lots or in amounts less than load lots within the city, shall provide the person in charge of the conveyance, or the person actually delivering or attempting to make said delivery, with a false or fraudulent certificate of weight or delivery ticket, nor provide a certificate of weight or delivery ticket which is not the result of the actual weighing of the commodity so sold, delivered or attempted to be delivered. Any person in charge of the conveyance or delivering of any commodity who shall have in his possession or who shall deliver any false or fraudulent certificate of weight or delivery ticket or any said ticket or certificate which is not the result of an actual weighing, shall be fined not less than $50.00 nor more than $200.00 for each offense. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-460 Illegal or false weights and measures.

4-276-460 Illegal or false weights and measures. No person weighing or measuring any commodity for sale by dry, liquid, lineal or superficial measurement, or by any unit of enumeration used in determining or measuring quantity, or by weight, shall falsify the measure or weight of such commodity by representing the measure or weight of the same to be either more or less than the true measure of weight thereof. It shall be unlawful for any person performing services upon any commodity who shall determine the charge for such services according to the measure or weight of the commodity upon which the services are performed, to falsify the measure or weight of the same by representing the measure or weight to be more than the true measure or weight thereof. No person shall deliver to the purchaser or prospective purchaser any commodity in quantities or enumeration of less weight or measure than that offered for sale. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $500.00 for each offense. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-470 Deceptive practices - Prohibited.

4-276-470 Deceptive practices - Prohibited. It shall be a violation of this section for any person: (1) to act, use or employ any deception, fraud, false pretense, false promise or misrepresentation, or to conceal, suppress or omit any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale, for cash or on credit, or advertisement of any merchandise, whether or not any person has in fact been misled; provided, however, that nothing herein contained shall apply to the owner or publisher of newspapers, magazines, publications or printed matter wherein such advertisement appears, or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser; and provided, further, that nothing herein contained shall apply to any advertisement which is subject to and complies with the rules and regulations of, and the statutes administered by, the Federal Trade Commission; (2) to represent that merchandise is new, if it is deteriorated, altered, reconditioned, reclaimed, used or secondhand; (3) to represent that merchandise or services are of a particular standard, grade or quality, or to represent that merchandise is of a particular style or model, if it is not; (4) to fail to deliver ordered merchandise within a period of 60 days from the date of order or contract, unless otherwise provided therein, unless the customer is notified in writing of the reason for the delay and such merchandise is delivered in less than a total of 90 days, or a refund is offered within 90 days of the date of the order or contract; (5) to make false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions, or engaging in any other pricing conduct causing confusion or misunderstanding; (6) to represent that merchandise or services are those of another, when in fact they are not; (7) to cause confusion or misunderstanding concerning the source, sponsorship, approval or certification of merchandise or services; (8) to cause confusion or misunderstanding or false or deceptive representation concerning affiliation, connection or association with, or certification by, another; (9) to represent that merchandise or services have sponsorship approval concerning the source of or certification of merchandise or services when in fact they do not have such approval or sponsorship; (10) to fail to state a material fact, if such failure tends to deceive or mislead; (11) to advertise for sale at a stated price any items when sufficient quantities of said advertised items are not readily available to be sold to purchasers at the advertised price during the effective period of the advertisement for sale. For the purposes of this subsection, "readily available" shall mean available to the customer in an area of the store normally used to display this type of merchandise, except in a case where the space available for the items is limited, a sample of the items may be placed in a prominent location, accompanied by a prominent, written notice clearly stating that the items are in stock and may be obtained upon request and "sufficient quantities" shall mean available in quantities sufficient to meet reasonably expected customer demand through medium response; (12) to charge a higher amount of tax than the legal rate set forth by laws and regulations existing at the time of sale; (13) to sell or offer for sale outdated: (a) perishable food and over-the-counter medications; or (b) shelf-stable products, unless such shelf-stable products are both physically separated from merchandise that is not outdated and clearly designated as outdated; (14) to sell or offer for sale, or keeping with intention of selling, infant formula that is outdated. Outdated formula shall be considered unsafe and unwholesome for human food; or (15) to sell merchandise that has been recalled for any reason by the United States Food and Drug Administration, the United States Consumer Product Safety Commission, or any other governmental or regulatory body. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1; Amend Coun. J. 11-14-18, p. 90308, Art. V, § 5)

Municipal Code of Chicago § 4-276-480 Deceptive practices - Penalty.

4-276-480 Deceptive practices - Penalty. Any person violating any of the provisions of Section 4-276-470 shall be fined not less than $50.00 nor more than $2,000.00 for each offense. Any violation of any of the provisions of Section 4-276-470, in addition to any fine provided for herein, may be grounds for revocation of any license issued by the City of Chicago to any such violator; provided, however, that nothing herein contained shall be construed so as to preclude the revocation of any license for violation of any other provision of the Municipal Code of Chicago. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-14-05, p. 66648, §1; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-490 Labeling lead-based or heavy-metal- based paints.

4-276-490 Labeling lead-based or heavy-metal- based paints. Effective July 1, 1972, no person shall sell, or hold for sale, any lead-based coatings or toxic heavy-metal- based coatings, unless said lead-based or toxic heavy- metal-based coating is in a secure container bearing a label on its principal display panel on which appear the following statements: WARNING CONTAINS................................ DRIED FILM OF THIS SUBSTANCE MAY BE HARMFUL IF EATEN OR CHEWED. Read Carefully Cautions on Instruction Panel. The following cautionary statement (or its practical equivalent) shall be placed on the label, but need not be part of the warning statement on the principal display panel: KEEP OUT OF REACH OF CHILDREN. Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling or facility which may be occupied or used by children. The blank space in the warning label which follows the word "contains" shall be filled with either the word "Lead" and/or toxic heavy metal substance which is present in the amount specified in the definitions contained in Section 4-276-005 of this Code. The statements on labels required under the provisions of this section shall be made in conformance with the following requirements: (a) The statements shall be presented in such a manner as to be generally parallel to the declaration of identity and to the base on which the package rests as it is designed to be displayed and shall be separated from other wording or designs. (b) The word "WARNING" shall be in capital letters and of a size not less than 18-point type, and the warning statements set forth above shall be in capital letters and of a size not less than 12-point type. (c) In a case where the size of the container is too small to accommodate a label of sufficient size to allow the use of the type size set forth herein, a reduced size of type which is consistent with other printing on the panel involved may be used, but in no case shall the size be less than 10-point type unless an exemption has been granted under Section 3(c) of the Federal Hazardous Substance Act and Section 191.63 of the regulations under the Federal Hazardous Substance Labeling Act. Any person violating any of the provisions of this section shall be fined not less than $50.00 nor more than $500.00 for each offense. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 54)

Municipal Code of Chicago § 4-276-500 Reserved. Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-500, which pertained to definitions of terms found in §§ 4-276-510 through 4-276-630.

Municipal Code of Chicago § 4-276-510 Price marking and display.

4-276-510 Price marking and display. (a) It shall be unlawful for any person to display for sale any merchandise unless the selling price is accurately stated in a clear and conspicuous manner. On any prepackaged merchandise, except those sold through vending machines, the selling price shall be marked directly on the package. On any merchandise which is not prepackaged, the selling price shall be stated on a sign contiguous to the point of display of the merchandise so priced; provided, that when any merchandise is not prepackaged and is sold out-of-doors, the selling price numerals shall be not less than three inches in height and one and one-half inches in width and any fractional numerals shall be not less than one-half the height and width of the whole numerals. The commissioner is hereby authorized to permit the use of alternative price notification procedures which may be of benefit to the citizens of the city of Chicago and consumers. The commissioner may, in conjunction with such alternative procedures, exempt classes of persons from the individual pricing requirements of this section and shall, in such event, adopt rules and regulations consistent with the objectives of this section to ensure accurate notice to consumers of the actual selling price of merchandise. Such regulations shall ensure that: 1. The selling price of merchandise is stated in a clear and conspicuous manner at the location where each such commodity is displayed for sale. 2. Each sale shall be documented by a receipt given to each purchaser which shall contain a record of the merchandise purchased and the selling price of each such merchandise. 3. The savings realized by reason of not requiring each individual prepackaged merchandise to be price-marked shall be passed on to the consumer. No person shall be deemed to comply with such regulations unless the person has received a certificate from the commissioner of business affairs and consumer protection stating that the person complies with the regulations. Application for such certificate shall be made in writing on a form prescribed by the commissioner. No certificate shall be issued under this section unless the department of business affairs and consumer protection conducts, and the applicant for the certificate passes, a certification inspection verifying that the applicant is in compliance with the regulations. If the applicant for the certificate passes the certification inspection, the certificate shall be issued upon payment by the applicant of the applicable certification fee identified in subsection (b) of this section. If the applicant for the certificate fails to pass the certification inspection, no certificate shall be issued under this section unless the applicant (i) requests and passes a reinspection by the department verifying that the applicant is in compliance with the regulations; and (ii) pays all required certification and reinspection fees. (b) The commissioner is authorized to and shall assess a certification fee for any certificate issued under this section, and a reinspection fee for any reinspection conducted under this section. If a large store, as the term "large store" is defined in rules and regulations promulgated by the commissioner, is inspected under this section, the certification fee shall be $500.00 for the first store location and $100.00 for each additional location, and the reinspection fee shall be $100.00. If a small store, as the term "small store" is defined in rules and regulations promulgated by the commissioner, is inspected under this section, the certification fee shall be $250.00 for the first store location and $50.00 for each additional location, and the reinspection fee shall be $50.00. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-12-99, p. 2225; Amend Coun. J. 12-14-05, p. 66648, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-520 Sales - Statement of duration.

4-276-520 Sales - Statement of duration. It shall be unlawful for any person to advertise a "sale" or other temporary change in prices unless the duration of the sale or other temporary change in terms of time is disclosed by stating the number of days or termination date. Provided, however, that where a termination date has been advertised in good faith, the date may be extended. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-276-530 Reference price - Disclosure.

4-276-530 Reference price - Disclosure. It shall be unlawful for any person to advertise a reference price unless the reference price is disclosed in a clear and conspicuous manner or can be readily ascertained by disclosure of the dollar, fraction or percentage reduction in prices. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-276-540 Reference price - Based on sale of identical article.

4-276-540 Reference price - Based on sale of identical article. It shall be unlawful for any person to advertise a reference price based on sales of the identical article unless the reference price is the actual price at which the article was offered to the public by the advertiser or by principal competing persons in the advertiser's trade area for a reasonably substantial period of time in the recent regular course of business, honestly and in good faith as determined by regulations adopted by the commissioner. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-550 Reference price - Based on sale of comparable article.

4-276-550 Reference price - Based on sale of comparable article. It shall be unlawful for any person to advertise a reference price based on sales of a comparable article unless: a. The two articles are, in fact, substantially identical in all significant respects and such comparability can be established by reference to generally accepted standards of identity or performance or otherwise; and b. The reference price of such comparable article is the actual price at which the article was offered to the public by the advertiser or by principal competing persons in the advertiser's trade area for a reasonably substantial period of time in the recent regular course of business, honestly and in good faith as determined by regulations adopted by the commissioner. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, §5; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-580 Reserved. Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-580, which pertained to the location of an advertised sale of a commodity being readily ascertainable.

Municipal Code of Chicago § 4-276-590 Consumer commodity unit price standards.

4-276-590 Consumer commodity unit price standards. It shall be unlawful for any person to offer for sale any consumer commodities, except items advertised as "sale" items, unless the unit price information is provided in a clear and conspicuous manner on a sign or shelf tag which lists the identity and brand name of the consumer commodity, the quantity declaration of the packaged consumer commodity, the total retail sales price and the price per unit as set in forth in rules and regulations promulgated by the commissioner. All unit pricing shall be in United States dollars and cents. Where the unit price is less than one dollar per unit, the unit price shall be shown in at least to the tenth of a cent (for example, a unit price may be shown as 28.7 cents per ounce or 0.287 dollars per ounce) (1) In any retail establishment in which unit price information is provided in accordance with the provisions of this chapter, that information shall be displayed by means of a sticker, stamp, sign, label or tag affixed to the shelf upon which the consumer commodity is displayed, or by means of a sticker, stamp, sign, label or tag affixed to the consumer commodity itself, stating the unit price of one or more brands and/or sizes of a given consumer commodity. (2) Where a sign providing unit price information for one or more sizes or brands of a given consumer commodity is used, that sign shall be provided clearly and in a nondeceptive manner in a central location as close as practical to all items to which the sign refers. (3) If a single sign or tag provides the unit price information for more than one brand or size of a consumer commodity, then the following information shall be provided: (a) The identity and the brand name of the consumer commodity; (b) The quantity declaration of the packaged commodity if more than one package size per brand is displayed; (c) The total retail sales price; (d) The unit price in accordance with rules and regulations promulgated by the commissioner. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-600 Unit price standards - Exceptions.

4-276-600 Unit price standards - Exceptions. Section 4-276-590 of this chapter shall not apply to sales at retail by means of vending machines, or by retail establishments whose annual sales of consumer commodities are less than ten percent of such establishments' total annual sales. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-610 Rules and regulations.

4-276-610 Rules and regulations. The commissioner of business affairs and consumer protection is hereby empowered to adopt and to enforce rules and regulations relating to any matter pertaining to the administration and enforcement of the provisions of this chapter. The commissioner, or any agent or employee designated in writing by him, is hereby authorized to examine the books, papers and records of any person subject to this chapter during regular business hours, in order to insure that such person is in compliance with this chapter and with rules and regulations promulgated pursuant to this chapter. The commissioner is also authorized hereby, for good cause shown by affidavit, to grant extensions not in excess of 60 days in compliance with this chapter. The commissioner is also authorized to issue regulations exempting commodities subject to unit pricing and to add commodities subject to unit pricing on a showing of, respectively, hardship or good cause. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-620 Savings clause.

4-276-620 Savings clause. If any provisions, clause, sentence, paragraph, section, or part of this chapter, or application thereof to any person, or circumstance, shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons, firms, corporations or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, firm, corporation or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not been included. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-276-630 Penalty for violation of Sections 4-276-510 through 4-276-600.

4-276-630 Penalty for violation of Sections 4-276-510 through 4-276-600. Any person violating any of the provisions of Sections 4-276-510 through 4-276-600 shall be fined not less than $50.00 nor more than $500.00 for each offense. Any violation of any of the provisions of Sections 4-276-510 through 4-276-600, in addition to any fines provided for herein, may be grounds for revocation of any license issued by the City of Chicago to any such violator. Each violation shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

Municipal Code of Chicago § 4-276-640 Enforcement.

4-276-640 Enforcement. The department of business affairs and consumer protection shall enforce the provisions of this chapter. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

Municipal Code of Chicago § 4-276-650 Penalty.

4-276-650 Penalty. Any person who violates any of the provisions of this chapter shall, when no other specific penalty is herein provided, be fined not less than $10.00 nor more than $200.00 for each offense. Each violation shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)
Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2636449Fetched: 10/24/2026

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