3-2.10 Excessive price increases during emergency: Prohibition.
Upon proclamation or declaration of an emergency within or including the City by the Director of Emergency Services or the City Council pursuant to Section 3-2.06 of this chapter, or by state or federal officials and for a period of thirty (30) days after the date the emergency is declared terminated, it is unlawful for any person within the City to sell or offer for sale any goods or services, including, but not limited to, emergency supplies, water, food, clothing, building materials, medical supplies and fuel for an amount which exceeds ten (10%) percent of the price regularly and customarily charged by such person for the goods and/or services on the day immediately before the date of the proclamation or declaration of an emergency. The foregoing ten (10%) percent price increase limitation shall not apply to the extent that the person can prove that, (a) the increase in price of greater than ten (10%) percent was unavoidable and directly attributable to additional costs imposed upon the person by the supplier of goods or services and, (b) that without a greater than ten (10%) percent increase in price, the person would not be able to earn a fair rate of return on investment. (§ 1, Ord. 2201 c.s., eff. March 16, 1977, as amended by § 1, Urgency Ord. 2690 c.s., eff. April 7, 1993, and § 2, Ord. 2737 c.s., eff. January 5, 1995)