Self-Checkout Ordinance

Self-Service Checkout Staffing Requirements Ordinance

Effective April 20, 2026

Overview

On February 17, 2026, the Costa Mesa City Council approved an ordinance establishing staffing requirements for self-service checkout stations at grocery and drug stores throughout the city. 

This ordinance requires drug retail establishments and food retail establishments to meet specific staffing and operational standards when offering self-service checkout options to customers. The City Council will review the impacts and effectiveness of the ordinance in 2027. The full text of the ordinance is available via the link at the bottom of this page. The following sections summarize the key provisions.

Businesses Subject to Ordinance

This policy applies to the following types of retail establishments operating within the City of Costa Mesa:

  • Drug Retail Establishment: A retail store that sells a variety of prescription and nonprescription medicines and miscellaneous items, including drugs, pharmaceuticals, sundries, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, prepared foods, and other merchandise.
  • Food Retail Establishment: A retail store that is either: (1) over 15,000 sq ft and sells primarily household foodstuff for off-site consumption; or (2) over 85,000 sq ft with at least 10% of sales floor area dedicated to non-taxable food merchandise including fresh produce, meats, dairy, and related items.

Requirements

All stores subject to the ordinance must comply with the following requirements whenever self-service checkout is available to customers:

  • Staffed Traditional Lane: Provide at least one non-self-service checkout station staffed by an employee during all times that a self-service checkout option is available to customers.
  • Item Limit Signage: Post signage stating that self-service checkout should be limited to purchases of about fifteen (15) items.
  • Age-Restricted Items: Maintain a workforce policy prohibiting customers from using self-service checkout to purchase items requiring a form of identification, including alcohol and tobacco products.
  • Security-Tagged Items: Prohibit self-service checkout purchase of items subject to special theft-deterrent measures — such as electronic article surveillance tags, ink tags, or items stored in locked cabinets — that require employee intervention to remove before purchase.

 

Enforcement

Enforcement follows a notice-and-cure process. A customer or employee who observes a violation must first notify store management in person and in writing.

  1. Written Notice to Store Management: Notify store management in person and in writing at the address posted on the store's required signage.
  2. 15-Day Cure Period: The establishment has fifteen (15) calendar days from the date of notification to cure the violation.
  3. Private Right of Action: If the violation is not cured, a private right of action may be brought in the Superior Court of the State of California.

 Penalty

 Amount

 Details

Civil Penalty (per violation)

$100 per employee

Initial penalty for each employee of the establishment per violation.

Daily Escalation

+$100 per employee/day

Each additional day the violation is not cured, penalty increases by $100 per employee per day.

Maximum Daily Cap

$1,000 per employee/day

Maximum penalty per employee per day while violation remains uncured.

Attorneys' Fees & Costs

Upon prevailing

Awarded to the prevailing party upon successful court action.

 

In-Store Signage Template

Businesses subject to the ordinance may use the template below. The signage must be posted in a location accessible to customers and must include a QR code or link to this website and contact information for reporting violations.

Self Checkout Sample



 

Contact Us

For questions about the ordinance, to submit comments, or for assistance with compliance, please use the contact information below. The City Council reviews comments on an ongoing basis.

City Council ordinance review is scheduled for 2027.