§ 95.15. PROHIBITION ON PRICE GOUGING.

(A)

Upon declaration of an emergency pursuant to Section 95.05, and during the duration of such emergency, it shall be prima facie evidence that an unlawful method of competition and an unfair and deceptive trade act or practice has occurred if any individual or business entity doing business in Palm Beach County charges more than the average retail price for any consumer good and such price exceeds the average price at which the same or similar consumer good was readily obtainable in Delray Beach during the thirty (30) days immediately prior to a declaration of a State of emergency; or the charges represent a gross disparity between the price of the consumer good or dwelling unit or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the thirty (30) days immediately prior to a declaration of a State of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or national or international market trends; or for a person or his agent or business entity or its employee to rent or sell or offer to rent or sell at an unconscionable price within the area for which the State of emergency is declared, any consumer good including, but not limited to, supplies, services, provisions or equipment that is necessary for consumption or use as a direct result of the emergency.

(B)

This Section does not prevent the seller of consumer goods from charging an amount in excess of the average retail price if such higher price is the direct result of, and limited to, any increased costs due to the transportation of the consumer good during the State of emergency or any increased cost for the consumer good from the manufacturer, distributor or wholesaler to the seller. In such instances, only the actual cost increase per item from the manufacturer, distributor or wholesaler can be added to the average retail price.

(C)

A price increase approved by an appropriate government agency shall not be in violation of this ordinance.

(D)

This Section shall not apply to sales by growers, producers or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emergency.

(Ord. No. 26-98, passed 7/21/98)