SB 415: Regulate sale procedures at certain retail establishments

(1) "Employee" means an individual employed by a retail
pharmacy or retail food establishment, but does not include an
independent contractor, an individual hired through a third-
party agency, a manager, supervisor, or confidential employee.

(2) "Retail pharmacy" means a retail store that contains a
pharmacy as defined in section 4729.01 of the Revised Code.

(3) "Retail food establishment" means either of the
following:

1. A retail store over fifteen thousand square feet in
   size that primarily sells household foodstuff for offsite
   consumption:
2. A retail store over eighty-five thousand square feet
   where ten percent of the sales floor is dedicated to the sale of
   
   household foodstuff for offsite consumption.

(4) "Household foodstuff" includes fresh produce, meats,
deli products, dairy products, canned or dry foods, beverages,
baked goods, or prepared foods.

(5) "Self-service checkout" means an automated process
that allows customers to scan, bag, and pay for purchases
without employee assistance.

(6) "Staffed checkout" means a station that is not a self-
service checkout at which an employee facilitates a customer
purchase.

1. Provide at least one staffed checkout:
2. Limit purchases made at a self-service checkout to
   fifteen items and advertise this limit to customers:
3. If a retail pharmacy or retail food establishment
   operates two or more self-service checkouts, staff at least one
   employee for every three self-service checkouts in operation:
4. Assign at least one employee to monitor the self-
   service checkout area at all times it is in operation:
5. Ensure that the employee assigned to monitor the self-
   service checkout area in accordance with division (B)(4) of this
   section has no other work responsibilities that would interfere
   with the employee's ability to monitor the self-service checkout
   area:
6. Locate the self-service checkout in a place that
   enables observation from employees and law enforcement:
7. Prohibit customers from using a self-service checkout
   to purchase either of the following:
1. Items that require a customer to provide a form of
   identification to purchase, including alcohol and tobacco
   products:
2. Items that are subject to theft deterrent measures,
   including any item that has a theft-deterrent device affixed to
   it or any item stored in a locked cabinet that requires the
   intervention of an employee to remove it before purchase.
8. Notify the public of the requirements and enforcement
   options under this section by prominently posting signage in a
   location accessible to customers, which includes either a link
   or quick response code that directs the customer to this section
   of the Revised Code as published by the legislative service
   commission in accordance with sections 149.21 to 149.27 of the
   Revised Code.

1. A civil penalty calculated in the manner prescribed by
   division (D) of this section:
2. Reasonable costs and attorney's fees.

1. For each violation, one hundred dollars per each
   employee that was working on the premises of the retail pharmacy
   or retail food establishment on the day the violation occurred.
2. For each day that the violation continues, the penalty
   amount shall increase by an additional one hundred dollars per
   employee that was working on the premises of the retail pharmacy
   or retail food establishment on the day the violation occurred,
   up to a limit of one thousand dollars per employee per day of
   the violation.