Abandoned Cart Prevention Plan

Guidance Document

Code Enforcement Division

170 W. San Carlos Street

San Jose, CA 95113

Phone: 277-4528 Fax: 277-3290

 

This guidance document is intended to assist you in the development of your Abandoned Cart Prevention Plan.

 

SJMC 9.60.330 Mandatory Abandoned Cart Prevention Plan

Every Owner who provides twenty-six (26) or more Carts who allows or intends to allow the use of Carts shall develop, implement and comply with the terms and conditions of an Abandoned Cart Prevention Plan to prevent the unauthorized removal by any person of any Carts from the Owner’s Premises and, if removed, to retrieve the Cart within twenty-four (24) hours of the removal or notice of the removal.  The Abandoned Cart Prevention Plan shall include the following elements:

 

Prevention Plan Elements

 

Description

Name of Business

Name of Business / Owner.  

The name of the Owner and the business name, the  physical address where the business is conducted, name, address and phone number(s) of the on-site and off-site Owner if different.

 

Name of Owner

Business Location

Name of On-Site Contact

Phone Number(s):

 

Number of carts

 

(What is the total number of carts maintained on or in the premises?)

 

 

Inventory of Carts.

A total number of all Carts maintained on or in the premises.

 

Community Outreach

 

(Please indicate how you will provide outreach to your customers to advise them removing carts without written permission is a violation of State law?)

 

Community Outreach.  

A description of a community outreach process under which the Owner shall cause notice to be provided to customers that the removal of Carts from the Premises is prohibited and is a violation of state and local law.  This notice may include, but is not limited to, flyers distributed at the Premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems at the Premises, web site or other means demonstrated to be effective to the reasonable satisfaction of the Director.  Any and all posting of signs shall comply with the provisions of the San Jose Municipal Code, including, without limitation, Title 23.

Cart Signage

 

 

Cart Identification Required

Every Cart owned or provided by any Owner must have a sign permanently affixed to the Cart that contains all of the following information:

1) Identity of Owner, business establishment, or both.

2) The address or phone number of the Owner of the business establishment for Cart return. The cart signage must also indicate the actual store site.

 

3) Notification to the public that the removal of the Cart from the Premises is a violation of State Law.
4) Legal means of Cart Removal which is a written permission from the store owner or his agent.

 

D.            Cart Identification. 

Signs and Cart identification requirements which conform to State law,  Business and Professions Code section 22435.

 

 

 

 

 

 

Prevention Plan Elements

 

Description

Loss Prevention Measures

 

(Please describe cart loss prevention measures)

 

Loss Prevention Measures. 

A description of the specific measures that the Owner shall implement to prevent Cart removal from the Premises.  These measures may include, but are not limited to, electronic or other disabling devices on the Carts so they can not be removed from the Premises, effective management practices, use of courtesy clerks to accompany customers and return the Carts to the store, use of security personnel to prevent removal, security deposit for use of Cart, or other demonstrable measures acceptable to the Director that are likely to prevent cart removal from the Premises.

 

Mandatory Cart Retrieval

 

Mandatory Cart Retrieval.  

A plan for retrieval of abandoned Carts by the Owner within twenty-four (24) hours.

Employee Training

 

(Please describe method of employee training on Abandoned Cart Prevention Plan)

 

 Employee Training.      

A description of an ongoing employee training program that shall be implemented by the Owner and that shall be designed to educate new and existing employees on the Abandoned Cart Prevention Plan and conditions contained therein no less frequently than annually.

 

Prevention Plan Fee

 

($200.00 US dollars)

Every Owner who is required to submit an Abandoned Cart Prevention Plan or an application for a modification of an Abandoned Cart Prevention Plan pursuant to this Chapter shall submit with the Plan or Plan modification, a fee for the Director’s review the Plan or Plan modification in the amount set forth in the Schedule of Fees established by resolution of the City Council

 

To obtain a complete copy of the Abandoned Cart Ordinance, please visit the Code Enforcement Division Web Site at www.ci.san-jose.ca.us/code.