4-276-005 Definitions.

   The following definitions shall apply for purposes of this chapter:

   "Advertisement" means any offer to sell a commodity to the public at retail by any form of public notice, however disseminated or utilized.

   "Avoirdupois weight" means weight based on the 16-ounce pound as well as decimal or common fractions thereof.

   "Bulk foods" means food for sale in aggregate containers from which specific quantities desired by the consumer are withdrawn by the consumer (otherwise known as "self-service"). The term does not include fresh whole fruits or fresh whole vegetables.

   "Commissioner" means the commissioner of business affairs and consumer protection or the commissioner's designee.

   "Consumer commodity" means a consumer item that is consumed and replaced by consumers on a regular basis. The term "consumer commodity" includes, but is not limited to, the following items, however packaged or contained:

      (1)   Food, beverages (including liquor), other items intended for consumption by humans or animals and all substances or ingredients to be added to food;

      (2)   Paper, metal, and plastic products, including but not limited to napkins, facial tissues, toilet tissues, foil wrap, plastic wrap, paper toweling, wrapping paper, cordage, disposable diapers, and disposable plates;

      (3)   Detergents, solvents, waxes, soaps and other cleansing agents, sponges and similar cleaning accessories, and lubricants;

      (4)   Non-prescription drugs, personal care items, including female hygiene products, bandages, and toiletries; and

      (5)   Household products, including light bulbs, disposable cameras, batteries, camera supplies, candles, tape, and adhesives.

   The term "consumer commodity" shall not include:

      (1)   Unpackaged fresh produce;

      (2)   Individual items under three cubic inches in size;

      (3)   Individual items weighing less than three ounces; and

      (4)   Individual items priced under fifty cents.

   "Department" means the department of business affairs and consumer protection.

   "Distillate fuels" includes fuel in liquid form which can be used for heating purposes and which has an American Petroleum Institute gravity nominally greater than 22: provided, however, the term shall not include oil that has a Saybolt universal viscosity of more than 55 seconds at 100 degrees Fahrenheit.

   "Establishment" means each separate store or business location, whether or not affiliated with any other store or business location, where merchandise is offered for sale to the public, including, but not limited to, wholesalers, bulk sellers, and private membership sellers of merchandise directly to consumers.

   "Lead-based coatings" means any paint, lacquer, or other applied liquid surface coatings, and putty, which contain a quantity of lead more than six-hundredths of one percent by weight of its nonvolatile content.

   "Merchandise" means and includes any objects, wares, goods, commodities, intangibles, real estate or services.

   "Outdated merchandise" means merchandise that is offered for sale beyond the date specified by the manufacturer of the merchandise. Such date may or may not be preceded by, but is not limited to, such terms as "last sale date", "use by", "best if used by", or "expires on".

   "Price" means the amount stated in U.S. dollars and cents asked or charged for an item offered for retail sale.

   "Reference price" means an advertised price to which a selling price is compared in advertising which employs comparative pricing. The term "reference price" includes, but is not limited to, the use of such terms as "if perfect", "list price", "regular price", "full price". "retail price", "former price", or words of similar import.

   "Sale" means any sale, offer for sale, or attempt to sell any merchandise for cash or on credit.

   "Sale items" means goods offered by the seller for less than the regular price.

   "Selling price" means the price at which a consumer commodity is sold at retail on any given date.

   "Toxic heavy metal based coatings" means any paint, lacquer, or other applied liquid surface coating and putty which contains antimony, arsenic, cadmium, mercury or selenium of which the total metal content, individually or in total, exceeds five hundredths of one percent of the total weight of the contained solids or dried paint film.

   "Unit price" means the price of individual consumer commodities, calculated by dividing the total retail selling price by the total count, measure or weight of the individual item.

   "Weight" means net weight.

(Added Coun. J. 3-9-11, p. 113698, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 53)

4-276-010 Inspection – Certificate of accuracy.

   Every person using weights, measures, scale beams, patent balances, steelyards or any instrument in weighing or measuring any article intended to be purchased or sold in the city, or any article weighed or measured for shipping or receiving purposes, or in weighing or measuring any person or animal for hire or reward, shall cause the same to be inspected and sealed by the commissioner and shall obtain a certificate of accuracy in accordance with the provisions of Section 2-25-050(b)(27) of this Code.

   No person shall refuse to exhibit any weight, measure, scale beam, patent balance, steelyard or other instrument to the commissioner for the purpose of being so inspected and examined.

   No person shall use any weighing or measuring device for commercial purposes without first having obtained a certificate of approval from the commissioner as provided in Section 2-25-050 of this Code, nor shall any person use any such weighing or measuring device that is incorrect or defective.

   Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $100.00 for each offense. Each violation of this section shall constitute a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-020 Inspection fees.

   (a)   Before the delivery of certificates provided for by this chapter, the commissioner shall charge and receive inspection fees as set by rules and regulations promulgated by the commissioner pursuant to subsection (b) of this section for the following services:

      For inspecting and sealing scales;

      For inspecting and sealing hopper scales;

      For inspecting and sealing two-bushel, one-bushel and half-bushel measures;

      For inspecting and sealing any other dry measures;

      For inspecting and sealing every automatic weighing machine or other similar device;

      For inspecting and sealing liquids measures;

      For inspecting and sealing any automatic machine used for measuring liquids;

      For inspecting and sealing yard measures;

      For inspecting and sealing any linear measure;

      For inspecting and sealing any tape line;

      For inspecting and sealing any automatic machine used for lineal measuring;

      For inspecting and sealing any automatic pump used for measuring gasoline, oils, etc.;

      For measuring a quantity of coal or wood and issuing a certificate of approximate measure or weight of same;

      For weighing or measuring any other commodity and issuing a certificate of weight or measure;

      For inspecting and sealing gasoline and fuel oil tank trucks, wagons or trailers; and

      For inspecting and sealing any meter used for measuring gasoline, oils, etc.

   (b)   The commissioner shall promulgate rules and regulations setting the fees for the inspections and sealings of the weights and measuring devices specified in subsection (a) of this section. The commissioner shall give public notice of proposed rules or regulations setting fees a minimum of 10 business days prior to the effective date of such rules and regulations in one or more newspapers of general circulation. Such public notice shall include information concerning where the rules or regulations can be reviewed and where comments may be directed. Such fees shall be based on the city's reasonable costs of administration, and such reasonable administration costs shall be documented by the commissioner every time any fee is changed.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-17-93, p. 42192; Amend Coun. J. 11-10-94, p. 59125; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-030 Limitations on fees.

   It shall not be lawful for the commissioner to make charges for inspecting and examining weights, measures, scale beams, patent balances, steelyards or other instruments used for weighing, more than once in each year unless such weights, measures, scale beams, patent balances, steelyards, or other instruments used in weighing and measuring shall be found to be not conformable to the said standards set forth in rules and regulations promulgated by the commissioner.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-040 Incorrect measures.

   If any person shall use, maintain or operate in the city, in weighing or measuring any weight, measure, scale beam, patent balance, steelyard or other instrument which shall not be conformable to the standard of this state, or shall use in weighing, any scale beam, patent balance, steelyard or other instrument which shall be out of order or incorrect, or which shall not balance, such person shall be fined for every such offense not less than $50.00 nor more than $200.00.

   In every case where the said inspector may, at the request of the owner or person in possession or control of any scale, weight or measure, employ labor or material in making such scale, weight or measure accurate, the department shall charge and receive from such owner or person, for the use of the city, a just and reasonable compensation for such labor and material.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1; Amend Coun. J. 5-9-12, p. 27485, § 137; Amend Coun. J. 11-8-12, p. 38872, § 130)

4-276-050 Condemned instruments.

   Any weight, measure, scale, beam, patent balance, steelyard or other instrument used for weighing that does not conform to the standard of this state shall be marked "condemned", and the owner thereof shall within ten days thereafter have the same property adjusted and sealed, or be subject to a penalty of not more than $10.00; and the department may, at any time after the expiration of the time aforesaid, seize and destroy any and all such condemned weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing found in use.

(Added Coun. J. 12-9-92, p. 25465)

4-276-060 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, §2, repealed § 4-276-060, which pertained to the register of instruments.

4-276-070 Peddlers' scales.

   All itinerant peddlers and hawkers using scales, balances, weights or measures shall take the same to the office of the commissioner before any use is made thereof and have the same sealed and adjusted annually; and any such person failing to comply with the provisions of this section shall be regarded as having committed a separate and distinct offense each day such person shall use such scales, balances, weights or measures without having the same adjusted and sealed as hereinbefore provided.

   Any itinerant peddler or hawker found using any ice scale shall be subject to a fine of not less than $10.00 nor more than $50.00 for each offense.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-080 Pumps and liquid measuring devices.

   Any person owning, operating or using any automatic or mechanical pump or liquid-measuring device for the purpose of measuring any liquid commodity to be sold or offered for sale within the city shall provide proper tested standard measures, and shall each day before making the first sale in the morning, and always before commencing to sell a new supply of liquid, test the accuracy of the device so in use.

   No person shall use such automatic or mechanical pump or device without first having obtained a certificate of approval from the department as provided in Section 2-25-050(b)(27) of this Code, nor shall any person use any such automatic or mechanical pump device that is incorrect or defective.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)