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This Ordinance shall be known as the "Automated Point of Sale Station Registration and Inspection Ordinance." It is unlawful under California Business and Professions Code sections 12024.2, 12024.6, and 12103.5 to charge, at the time of sale, a price that is more than the price that is advertised or posted. The purpose of this Chapter is to ensure that the advertised or posted price of a commodity is the correct price charged for that commodity.
This Chapter: (1) establishes a system to identify, register and inspect point of sale stations in retail commodity sales; (2) authorizes a registration fee to offset the expense of inspection of point of sale stations; (3) authorizes a re-inspection fee, equal to the registration fee, to offset the expense of revisiting and inspecting locations found out of compliance; and (4) provides penalties for failure to register or for late registration and for violations.
The Sealer of the Weights and Measures Division for the City and County shall administer and enforce this Chapter.
The standards for inspection and methods to gain compliance to ensure accurate pricing shall be those found in Division 5 of the California Business and Professions Code and Title 4 of the California Code of Regulations.
(Added by Ord. 195-10, File No. 100725, App. 7/29/2010)
(a) "Division of Weights and Measures" means the Sealer of the Weights and Measures Division of the City and County and its agents and employees duly authorized to act on behalf of said Division.
(b) "Person" means any person, firm, corporation, business, or association.
(c) "Sell" includes barter, exchange, trade, keep for sale, offer for sale or expose for sale in any of their variant forms.
(d) "Point of sale station" means individual and separate equipment that is capable of recovering electronically stored price information that is used to charge consumers for the purchase of commodities. "Point of sale stations" shall include, but is not limited to, equipment that uses Universal Product Code scanners, price look-up codes, or any other system that relies on the retrieval of electronically stored information to complete a transaction of commerce between a retailer and consumer.
(e) "Commercial purpose" includes any sale of a commodity or thing by a person to a consumer.
(f) "Commodity" means any article of commerce or anything that is bought or sold.
(g) "Advertise" means a notice to attract public attention or identify a commodity for sale.
(h) "Term of registration" means any twelve (12) month period determined by the Division of Weights and Measures.
(i) "Business Location" means each business location that uses point of sales stations and requires the use of specialized testing equipment and that necessitates not more than one inspection trip by a weights and measures official.
(Added by Ord. 195-10, File No. 100725, App. 7/29/2010)
It shall be unlawful for a person to use a point of sale station for a commercial purpose without first registering the system in accordance with the provisions of this Chapter. Each business location must have a separate registration for each separate point of sale station. The registration under this Chapter shall be in addition to any other certificate, license, or permit which the City and County or any public entity may require.
(Added by Ord. 195-10, File No. 100725, App. 7/29/2010)
(a) All registrations shall be valid for up to one year and expire on the last day of the term of registration. The person holding the registration shall renew it in a manner similar to the issuance of the original registration.
(b) A registration may not be transferred between persons or locations. In the case where a holder of a registration leases, sublets, subcontracts, or in any manner allows any other person or entity to engage in activities regulated, all point of sale stations remain the responsibility of the registrant. Otherwise, the other person or entity must obtain a separate registration in accordance with the provisions of this Chapter 115.
(Added by Ord. 195-10, File No. 100725, App. 7/29/2010; amended by Ord. 170-21, File No. 210938, App. 10/15/2021, Eff. 11/15/2021, Retro. 11/1/2021)
Each person registering a point of sale system for a business location in the City and County shall pay an annual registration fee. The Board of Supervisors must approve by resolution any changes to the registration fee schedule. For registration terms beginning on or before March 31, 2026, the annual registration fee shall be $75 per business location, plus $14 fee for each point of sale station, provided that the total point of sale station fee shall not exceed $773 per business location. For registration terms beginning on or after April 1, 2026, the annual registration fee shall be $0.
(a) The registration fee required by Section 115.4 shall be due and payable annually on or before March 31, pursuant to Section 76.1 of Article 2 of the Business and Tax Regulations Code for the upcoming registration term commencing April 1. For businesses commencing operations during the term of registration, the fee shall be due and payable as of the date of commencement. All registrations issued prior to November 1, 2021, that were effective on November 1, 2021, shall continue to be effective through March 31, 2022.
(b) The Division of Weights and Measures may charge a re-inspection fee, equal to the City and County’s cost of re-inspection or retesting, as determined by the Board of Supervisors by resolution, for retail establishments that fail a standard inspection as defined in California Business and Professions Code Sections 13350 et seq.
(c) The fees collected shall be used by the Division of Weights and Measures solely to implement and enforce this Chapter 115.
(Added by Ord. 195-10, File No. 100725, App. 7/29/2010; redesignated and amended by Ord. 170-21, File No. 210938, App. 10/15/2021, Eff. 11/15/2021, Retro. 11/1/2021)
(a) In accordance with Sections 115.4 and 115.5, any registration or re-inspection fee not paid within 30 days after the last day of the term of registration is delinquent. The original fee remains due and shall be subject to a penalty of 50% of the original fee, and fees not paid after 60 days past the original due date shall be subject to a penalty amount equal to 100% of the original fee to cover the additional costs associated with late registration or payment.
(b) The penalties in subsection (a) shall not be effective for fees in Section 115.4 for registrations effective on or after April 1, 2022. Rather, fees in Section 115.4 for registrations effective on or after April 1, 2022 shall be subject to the penalties under Section 76.1 of Article 2 of the Business and Tax Regulations Code.
(Added by Ord. 195-10, File No. 100725, App. 7/29/2010; redesignated and amended by Ord. 170-21, File No. 210938, App. 10/15/2021, Eff. 11/15/2021, Retro. 11/1/2021)
It shall be unlawful for any person or any employee or agent thereof to use point of sale stations without obtaining and maintaining a current registration.
(Added by Ord. 195-10, File No. 100725, App. 7/29/2010; redesignated and amended by Ord. 170-21, File No. 210938, App. 10/15/2021, Eff. 11/15/2021, Retro. 11/1/2021)
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