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Law regulating self-checkout stands in Costa Mesa advances

Costa Mesa officials Tuesday backed a law regulating the use of self-checkout stands at retail grocers and pharmacies.
Costa Mesa officials Tuesday narrowly backed a local law regulating the use and operation of self-checkout stands at retail grocers and pharmacies.
(Courtesy of UFCW Local 324)

Viewed as a boon or a burden, depending on whom you ask, retail self checkout stands are likely here to stay. But the rules around how they operate and are staffed are about to change in Costa Mesa.

That’s where city officials are on the brink of passing a local ordinance requiring at least one associate be posted for every three automated stands and imposing a 15-item limit, among other restrictions.

The City Council Tuesday narrowly backed the proposal during a first reading of the law, which would apply to at least 22 retail grocery and pharmacy establishments over 15,000 square feet in size, half of which currently offer self-service, city staff estimate.

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The ordinance further stipulates products in locked cases and alcohol purchases may not be rung up in a self-checkout lane and requires at least one in-person checkstand be operational before automated lanes are opened.

The law intends to ease frustration among workers tasked with overseeing multiple registers at once as well as customers forced to deal with glitches that can extend wait times. It also aims to prevent the likelihood of theft by shoppers walking off with unscanned items.

Violations would be reportable by customers or employees, making stores subject to fines of $100 per day, up to $1,000, per reported incident. Assuming the law takes effect following the second reading, Costa Mesa will be the second city in the nation to regulate the practice. Long Beach adopted its own ordinance last August, which provided a framework for the legislation considered Tuesday.

Councilmembers Tuesday voted 5-2 to draft an ordinance imposing a staffing ratio for the automated kiosks and limiting the number of items to 15, among other mandates.

Backers of the measure, many of them employees represented by United Food & Commercial Workers International Union, say automated checkout allows management to understaff stores while placing the burden of dealing with multiple customers’ requests, and complaints, squarely on workers’ shoulders.

“I watch eight checkstands, plus I have one more that I watch on my own,” said a woman who identified herself only as Maria, an associate of the Vons store on Harbor Boulevard. “Then, I have three locked cases behind me. I also have to answer the phone and unlock the carts when they lock up. That’s 13 things I have to do at one time by myself, and if a customer needs something I have to stop and help them.

“I hope you consider what we’re asking for,” she continued. “It would make for a more pleasurable experience for everyone.”

Opponents of the ordinance, most representing store management and grocery trade associations, called the proposal an overreach that would negatively impact local retailers — possibly leading to a wholesale closure of self checkout stands, which has already happened at some stores Long Beach — and inspire disgruntled shoppers to take their commerce to neighboring cities.

“This ordinance will make it harder for our customers, who consistently tell us they want friendly, fast and convenient services,” said T.J. Birkel, a government affairs head for Ralphs’ parent company Kroger.

“One has to wonder what might be next, an ordinance dictating how many tables a server should be assigned to at a restaurant, or how many ice cream scoopers there should be at the sweet shop or how many ticket takers at the movie theater?”

Councilmember Jeff Pettis agreed the proposed ordinance was too “onerous” to earn his backing.

“I thought we were about economic development in this city,” he said. “We have no data on what this might look like. I’d at least like to have staff come back and tell me how this is going to impact sales tax in a city that’s already suffering.”

Mayor John Stephens similarly expressed concern about a municipality meddling in the affairs of private business. But others on the panel said the city was within its right to pass laws protecting its workforce.

“We have to think of the workers — we have to think what they’re up against,” said Councilmember Loren Gameros, making a motion to bring back the ordinance for a final vote at the council’s next meeting and revisit the matter in one year’s time.

“I’m always going to support workers, quality of life, wages, and I’m most certainly not going to implement anything that makes their jobs more difficult.”

Mayor Pro Tem Manuel Chavez, who along with Gameros and Councilmember Andrea Marr supported moving forward with the ordinance, said any issues with the law could be ironed out during the review process.

“I want folks in my district to have certainty that their jobs are not going to be taken away by AI or any development in technology,” Chavez said. “[But] I don’t want us to miss out on the opportunity to amend something if it doesn’t work out.”

The matter passed 3-2, with Councilmembers Arlis Reynolds and Mike Buley being absent, and Pettis and Stephens opposed.

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