(1) Except as provided in Subsection (2), if a state of emergency exists, a person may not charge a consumer an excessive price for goods or services sold or provided at retail: (a) (i) during the time period for which a state of emergency declared by the governor exists; or (ii) for 30 days after the day on which the state of emergency begins, if declared by the President of the United States; and (b) within the emergency territory.
(a) (i) during the time period for which a state of emergency declared by the governor exists; or (ii) for 30 days after the day on which the state of emergency begins, if declared by the President of the United States; and
(i) during the time period for which a state of emergency declared by the governor exists; or
(ii) for 30 days after the day on which the state of emergency begins, if declared by the President of the United States; and
(b) within the emergency territory.
(2) A person may charge an excessive price if: (a) that person's cost of obtaining the good or providing the service exceeds the average cost to the person of obtaining the good or providing the service in the 30-day period immediately preceding the day on which the state of emergency is declared; and (b) the price charged for the good or service does not exceed the sum of: (i) 10% above the total cost to that person of obtaining the good or providing the service; and (ii) the person's customary markup.
(a) that person's cost of obtaining the good or providing the service exceeds the average cost to the person of obtaining the good or providing the service in the 30-day period immediately preceding the day on which the state of emergency is declared; and
(b) the price charged for the good or service does not exceed the sum of: (i) 10% above the total cost to that person of obtaining the good or providing the service; and (ii) the person's customary markup.
(i) 10% above the total cost to that person of obtaining the good or providing the service; and
(ii) the person's customary markup.
(3) Upon request of the division, a person allegedly charging an excessive price under Subsection (2) shall provide documentation to the division that the person is in compliance with this chapter.
(4) If a good or service has not been sold by a person during the 30-day period immediately preceding the day on which the state of emergency is declared, a price is not excessive if it does not exceed 30% above the person's total cost of obtaining the good or providing the service.
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