§ 18-22. Prohibitions against price gouging.

(a)

Upon declaration of an emergency pursuant to section 18-21, and through the duration of such emergency, it shall be an unlawful method of competition and an unfair and deceptive trade act or practice for a person or his agent or employee doing business in the county to charge more than the average retail price for any consumer goods.

(b)

Upon declaration of an emergency pursuant to section 18-21, and through the duration of such emergency, it shall be an unlawful method of competition and an unfair and deceptive trade act or practice for a person or his agent or employee to impose unconscionable prices for the rental or lease of any dwelling unit or self-storage facility.

(c)

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 cost for the consumer goods 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.

(d)

This section does not interfere with the authority of government to acquire and to distribute consumer goods, supplies, materials, and facilities, with or without compensation.

(e)

A price increase approved or authorized by a government agency, law, statute, or regulation shall not be a violation of this article's prohibitions.

(Code 1982, § 1-6.3-54; Ord. No. 01-21, pt. A, 10-16-2001)