ITEM 6-A

City Council Meeting 8-9-94              Santa Monica, California

TO:       Mayor and City Council

FROM:     City Attorney

SUBJECT:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
          MONICA PROHIBITING DISCRIMINATORY PRICING OF GOODS AND
          SERVICES BASED UPON A CONSUMER'S GENDER

INTRODUCTION

At its meeting on August 2, 1994, City Council introduced for
first reading an ordinance of the City Council of the City of
Santa Monica prohibiting discriminatory pricing of goods and
services based upon a consumer's gender.  The ordinance is now
presented to the City Council for adoption.

RECOMMENDATION

It is respectfully recommended that the accompanying ordinance be
adopted.

Prepared by:   Marsha Jones Moutrie, City Attorney
               Kimery A. Shelton, Deputy City Attorney


                        ORDINANCE NUMBER ____ (CCS)
                           (City Council Series)

          AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
          SANTA MONICA PROHIBITING DISCRIMINATORY PRICING OF
          GOODS AND SERVICES BASED UPON A CONSUMER'S  GENDER

     WHEREAS, existing law of the State of California prohibits a
business establishment from discriminating against a person based
on the person's gender; 

     WHEREAS, existing law does not specifically provide that a
seller of goods or services may not discriminate with respect to
the price charged for goods or services based on gender; and

     WHEREAS, the City desires to adopt an ordinance which will
specifically address the existing gender-based discrimination in
pricing by some business establishments in the City of Santa
Monica;

     NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:

     SECTION 1.  Santa Monica Municipal Code Chapter 4.32 is
hereby amended to add a new Section 4.32.170.

     SECTION 2.  Section 4.32.170 of the Santa Monica Municipal
Code is added to read as follows:
               Section 4.32.170  Equal Pricing -
          Findings and Purpose
               The City Council finds and declares:
               (a)  That discrimination against women
          in the pricing of consumer goods and services
          exists in the City of Santa Monica.
               (b)  The existence of such
          discrimination has a disparate impact on
          women when they are charged more than men for
          certain goods and services;
               (c)  That the overall effect of such
          discrimination is that women are harmed
          economically.
          
               SECTION 3.  Section 4.32.171 is added to the Santa
Monica Municipal Code to read as follows:
               Section 4.32.171.  Prohibited
          Activities.
               No seller of goods or services,
          including a person who holds a Santa Monica
          business license under the provisions of this
          code, may discriminate, with respect to the
          price charged for goods or services, against
          a person because of the person's gender.
          
               SECTION 4.  Section 4.32.172 is added the Santa
Monica Municipal Code to read as follows:
     Section 4.32.172.  Violation of Section
          4.32.171 - Penalty and enforcement.
               (a)  Any person who shall be convicted
          of violating the provisions of Section
          4.32.171 shall be guilty of a misdemeanor and
          upon conviction shall be punished by a fine
          of not greater than Five Hundred Dollars
          ($500.00) or by imprisonment in the County
          Jail for not more than six months, or by both
          such fine and imprisonment.  Each day that a
          violation of this section occurs shall be
          considered a separate offense.
               (b)  The City Attorney or any citizen
          may prosecute a civil action to enforce this
          Chapter and in any action obtain such legal
          and equitable relief, including the recovery
          of actual and punitive damages and reasonable
          attorneys fees, as may be imposed as provided
          by law.
               
               SECTION 5.  Any provision of the Santa Monica
Municipal Code or Appendices thereto inconsistent with the
provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.

     SECTION 6.  If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.

     SECTION 7.  The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.  The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.  This Ordinance shall become
effective after 30 days from its adoption.

APPROVED AS TO FORM:

MARSHA JONES MOUTRIE
City Attorney


By___________________________
   MARTIN T. TACHIKI
   Chief Deputy City Attorney