(a) Upon a declaration of a state of emergency by the Governor, it is unlawful for a person, an agent, employee, or a business owner to rent or sell, or offer to rent or sell, any essential goods or services, including those goods and services listed in section 1005(g)(10), and supplies, services, provisions, or equipment that are necessary for consumption or use as a direct result of the emergency; at an unconscionable price. This prohibition remains effective for the duration of the state of emergency and is automatically applicable during any subsequent extensions or renewals of the state of emergency.
(b) When the Governor has declared a state of emergency, any person, business or entity that offers goods and services for sale to the public during the state of emergency and does not possess a business license or who willfully charges unconscionable prices is guilty of a misdemeanor, punishable by a fine of not less than $1000 or more than $5000, per violation.
(c) A price is unconscionable if:(1) The amount charged represents a gross disparity between the price of the goods or services after the state of emergency was declared and the average price of the goods or services offered in the usual course of business during the 30 days immediately preceding the declaration of the state of emergency, unless the increase in the amount charged is attributable to additional costs incurred in connection with the goods or services due to regional, national, or international market trends, or increased costs incurred because of the declaration of the state of emergency evidenced by documentation; or(2) The amount charged grossly exceeds the average price at which the same or similar goods or services were readily obtainable in the trade area during the 30 days immediately preceding the declaration of a state of emergency, unless the increase in the amount charged is attributable to additional costs incurred in connection with regional, national, or international market trends, or increased costs incurred because of the declaration of the state of emergency evidence by documentation.
(1) The amount charged represents a gross disparity between the price of the goods or services after the state of emergency was declared and the average price of the goods or services offered in the usual course of business during the 30 days immediately preceding the declaration of the state of emergency, unless the increase in the amount charged is attributable to additional costs incurred in connection with the goods or services due to regional, national, or international market trends, or increased costs incurred because of the declaration of the state of emergency evidenced by documentation; or
(2) The amount charged grossly exceeds the average price at which the same or similar goods or services were readily obtainable in the trade area during the 30 days immediately preceding the declaration of a state of emergency, unless the increase in the amount charged is attributable to additional costs incurred in connection with regional, national, or international market trends, or increased costs incurred because of the declaration of the state of emergency evidence by documentation.
(d) A price increase approved by the Department of Licensing and Consumer Affairs is not an unconscionable price.
(e) The evidentiary standards and defenses contained in this section are the only evidentiary standards and defenses that maybe used in an action brought pursuant to this section.
(f) A person charged with committing a violation of this section may present evidence to rebut any presumption, including, but not limited to, the person’s knowledge or intent when committing the action.
(g) Nothing in this section creates a private cause of action in favor of any person damaged by a violation of this section. The Virgin Islands Department of Justice shall prosecute all alleged violations of this section.