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(2) Items subject to special theft-deterrent measures that are affixed to the item, <br /> including, but not limited to, electronic article surveillance, ink, or other tags, or <br /> items placed in locked cabinets, that require the intervention of an Employee to <br /> remove them before purchase. <br /> (c) Drug Retail Establishments and Food Retail Establishments shall notify the public of <br /> this Ordinance by prominently posting signage in a location accessible to customers, <br /> which includes either a link or QR code to the City of Santa Ana website regarding <br /> this Ordinance, a summary of the public's rights under this Ordinance, and <br /> enforcement options available to the public. <br /> (d) Self-Service Checkout stations shall be located to enable observation and <br /> surveillance from both employees of Drug Retail Establishments and Food Retail <br /> Establishments and local law enforcement. <br /> Section 8-3802. Self-Service Checkout staffing requirement.. <br /> (a) Drug Retail Establishments and Food Retail Establishments that provide Self-Service <br /> Checkout options shall assign at least one (1) Employee to supervise the Self-Service <br /> Checkout operation at all times that Self-Service Checkout is in operation during <br /> business flours. The assigned Employee shall have no other work responsibilities <br /> that would interfere with their ability to maintain direct visual inspection and <br /> surveillance of the Self-Service Checkout operations. <br /> (b) In the event a Drug Retail Establishment or Food Retail Establishment operates two <br /> (2) or more Self-Service Checkout stations, the Drug Retail Establishment or Food <br /> Retail Establishment shall maintain a staffing ratio of at least one (1) Employee for <br /> every three (3) Self-Service Checkout Stations. The manner in which this standard is <br /> implemented may take into account operational and logistical feasibility. <br /> Section 8-3803. Enforcement. <br /> (a) Any Customer or Employee of a Drug Retail Establishment or Food Retail <br /> Establishment may bring a private right of action in the Superior Court of the State of <br /> California against a Drug Retail Establishment or Food Retail Establishment for <br /> violating this Chapter and, upon prevailing, may be awarded: <br /> (1) A civil penalty for each violation of this Chapter of one hundred dollars ($100) <br /> for each employee of the Drug Retail Establishment or Food Retail <br /> Establishment. Each day the violation is not cured, the penalty shall increase an <br /> additional one hundred dollars ($100) per employee per day up to a limit of one <br /> thousand dollars ($1,000) per employee per day for each day in which the <br /> violation remains uncured. <br /> (2) Attorneys' fees and costs. <br /> Ordinance No. NS-3095 <br /> Page 3of5 <br />