HomeMy WebLinkAboutOrdinance 5992 ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 38-45 OF
CHAPTER 38 OF THE FORT WORTH CITY CODE
(1964) WHICH CHAPTER REGULATES THE USE
OF WEIGHTS AND MEASURES IN SELLING COM-
MODITIES OR SERVICES IN THE CITY OF FORT
WORTH, BY MAKING IT UNLAWFUL TO SELL ANY
COMMODITY IN BULK UNLESS THE PRICE PER
POUND IS PROMINENTLY DISPLAYED; MAKING
IT UNLAWFUL TO SELL ANY COMMODITY PACK-
AGED ON THE PREMISES UNLESS THE PACKAGE
IS MARKED WITH THE NET WEIGHT AND PRICE
PER POUND; MAKING IT UNLAWFUL TO SELL
ANY COMMODITY PACKAGED BY THE MANUFAC-
TURER UNLESS THE WEIGHT AND COUNT OF THE
CONTENTS IS MARKED ON THE PACKAGE; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDI-
NANCES; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PRO-
VIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Section 38-45 of Chapter 38 of the Fort Worth City
Code (1964) be amended, and, after having been so amended,
same shall hereafter read as follows:
"Sec. 38-45. Displaying prices of commodities
sold in bulk -- Marking of pack-
ages or containers.
"It shall be unlawful for any person to
sell, offer or expose for sale any commodity
in bulk unless the price per pound of such
commodity is prominently displayed on the box,
package, container or portion of container in
which the commodity is offered or exposed for
sale.
"When the commodity is packaged on the
same premises where sold, it shall be unlawful
for any person to sell, offer or expose for
sale any commodity in packages unless such
package is plainly marked with the net weight
of the contents and the price per pound,
"When the commodity is packaged by the
packer or manufacturer, it shall be unlawful
for any person to sell, offer or expose for
sale any commodity in packages unless the
name and address or permit number of the
packer or manufacturer, the weight, and the
measure or numerical count of contents there-
of shall be plainly and conspicuously marked
on the package. Such weight, measure or nu-
merical count shall not include the weight
of the package. The terms of this section
shall not apply to drugs."
SECTION 2.
That this ordinance shall repeal every prior ordinance
and provision of the Fort Worth City Code in conflict here-
with but only insofar as the portion of such prior ordinance
or provision shall be in conflict, and as to all other ordi-
nances or provisions of the Fort Worth City Code not in
direct conflict herewith, this ordinance shall be and is
hereby made cumulative.
SECTION 3.
That if any section, part of a section or provision of
any section of this ordinance shall be held to be void, in-
effective or unconstitutional by a court of competent juris-
diction, the holding of such section, part of a section or
provision of any section to be void, ineffective or uncon-
stitutional for any cause whatsoever shall in no way affect
the validity of the remaining sections and provisions of this
-2-
ordinance, which shall remain in full force and effect. The
City Council would not have passed any sections, parts of
sections or provisions of any section of this ordinance that
were unconstitutional, void or ineffective if it had known
that they were unconstitutional, void or ineffective at the
time of adopting this ordinance.
SECTION 4.
That the violation of any provision of this ordinance
or of the Fort Worth City Code relating to weights and meas-
ures shall be deemed an offense and punishable by a fine not
exceeding Two Hundred Dollars ($200.00) , and each violation
hereof and each day there is a failure to comply with the
terms of this ordinance shall be and is hereby deemed to be
a distinct and separate offense and punishable as such.
SECTION 5.
That this ordinance shall be in full force and effect
from and after its passage and publication as required by
law.
APPROVED AS TO FORM AND LEGALITY:
1
City Attorney
Adopted b�yt4hh City Council
Effective
• City of Fort Worth, Texas
McMAHAN Mayor and Council Communication
UNE DATE REFERENCE SUBJECT: Proposed Amendment to City Code PAGE
NUMBER Requiring Price Per Pound to be
MORPHiS 9/4/68 G-1277
Displayed. i of
GRAHAM
R.& B.
BRADSHAW It is proposed to amend Section 38-45 of Chapter 38 of the Fort Worth Code (1964)
to regulate the marking of packages or containers as summarized below and de-
tailed in the attached ordinance.
Public Health Inspectors have recently discovered a number of retail food estab-
lishments that are displaying items that are customarily sold on the basis of a
price per pound, without price-per-pound signs located on or near the item.
This practice is not specifically prohibited in present ordinances or State
statutes and places the customer at the mercy of store personnel. Without
price-per-pound signs located on or near the items being offered for sale, it
is impossible to determine discrepancies by test purchases.
In order to protect the consuming public and to provide a basis for test pur-
chases, it is recommended that the attached ordinance be adopted making it
unlawful to sell any commodity in bulk unless the price-per-pound is prominently
displayed in or on the commodity where the commodity is offered for sale.
HDM:j p
Attachment
SUBMITTED BY: DISPOSITIO>ICY COUNCIL: PROCESSED BY
APPROVED UOTHER (DESCRIBE)
I�ETARY
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CITY MANAGER 1-/-6P,