Chapter 5.41


5.41.010    Purpose and authority.

5.41.020    Definitions.

5.41.030    Registration permit requirements.

5.41.040    Duration and transferability of permit.

5.41.050    Expiration of registration permit.

5.41.060    Fees and penalties.

5.41.070    Persons to whom registration permit is issued.

5.41.080    Availability of registration permit.

5.41.090    Violations.

5.41.100    Hearing on revocation or suspension.

5.41.110    Restoration of suspended or revoked permit.

5.41.120    Violation—Infraction—Misdemeanor.

5.41.010 Purpose and authority.

(A)    It is unlawful to charge, at the time of sale, a price that is more than the price that is advertised or posted. Pursuant to California Business and Professions Code Sections 12103.5, 12024.2, and 12024.6, the purpose of this chapter is to ensure that the advertised or posted price of a commodity is the price charged for that commodity. A location shall not be required to sell at a price incorrectly stated in an advertisement which is incorrect as a result of a typographical error or other inadvertent misprint.

(B)    This chapter establishes a system to identify, register and inspect point-of-sale stations in retail commodity sales. In addition, this chapter authorizes cost recovery for the testing and inspection of these point-of-sale stations, penalties for failure to register or for late registration, and penalties for failure to make available a current registration permit. [Ord. 5291 § 15, 2019; Ord. 4745 § 1, 2003].

5.41.020 Definitions.

For the purpose of this chapter, unless the context otherwise requires, the following words and phrases are defined and shall be construed as having the following meaning:

(A)    “Commercial purpose” includes any sale of a commodity or thing by a person to a consumer.

(B)    “Commodity” shall mean any article of commerce or anything that is bought or sold.

(C)    “Location” shall mean any room, enclosure, building, vehicle, space or area that contains a point-of-sale station.

(D)    “Office of Weights and Measures” shall mean the Office of Weights and Measures, a division of the Office of the Agricultural Commissioner of Santa Cruz County, and the agents and employees duly authorized to act on behalf of the office.

(E)    “Person” shall have the same meaning assigned to it by Business and Professions Code Section 12011.

(F)    “Point-of-sale station” or “price scanners” shall mean each individual, separate device over which consumers are charged for the purchase of commodities by using equipment that is capable of recovering electronically stored price information by reading a bar code printed on the product or on a label. The term “point-of-sale station” 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 a customer.

(G)    “Registrant” shall mean any person who uses a point-of-sale station for commercial purposes and obtains a registration permit from the County Office of Weights and Measures.

(H)    “Reinspection” shall mean the retesting or reexamination of a point-of-sale station after the Office of Weights and Measures has determined that a violation of this chapter and applicable State law existed and ordered it to be corrected.

(I)    “Sell” shall have the same meaning assigned to it by Business and Professions Code Section 12009. [Ord. 5291 § 15, 2019; Ord. 4745 § 1, 2003].

5.41.030 Registration permit requirement.

It shall be unlawful for a person to use a point-of-sale station for commercial purposes without first obtaining a registration permit in accordance with the provisions of this chapter. A separate registration shall be required for each establishment location. [Ord. 4745 § 1, 2003].

5.41.040 Duration and transferability of permit.

(A)    All registration permits issued pursuant to this chapter are valid for one year or fraction thereof. Fees for renewal of registration permits for subsequent calendar years shall be paid by February 1st of the calendar year.

(B)    Renewal of registration permits is automatic upon the payment of renewal fees. If the permittee wants to change the number of permitted devices, the permittee must first inform the Office of Weights and Measures so that related fees may be recalculated.

(C)    Registration permits shall not be transferable between persons or establishment locations.

(D)    Registrants shall not lease, sublet, subcontract, or in any manner permit any person or entity to engage in activities regulated under the registration permit, except as an employee of the registrant. [Ord. 5291 § 15, 2019; Ord. 4745 § 1, 2003].

5.41.050 Expiration of registration permit.

Each registration permit expires on December 31st of the current year, provided such permit may be renewed without penalty on or before February 15th of the year following the expiration date. [Ord. 5291 § 15, 2019; Ord. 4745 § 1, 2003].

5.41.060 Fees and penalties.

(A)    The registration fee for any person utilizing a point-of-sale station shall be established by resolution of the Board of Supervisors, in accordance with applicable provisions of law, in an amount not to exceed the costs incurred by the County in performing the inspection, reinspection, testing and registration functions to which the fees relate. The registration fee covers all inspections that are necessary within the registration period.

(B)    Permittees who do not renew the permit on or before February 15th shall pay a penalty in an amount established by resolution of the Board of Supervisors.

(C)    The sealer of weights and measures shall set a collection schedule and collect the registration fee annually. [Ord. 5291 § 15, 2019; Ord. 5163 § 1, 2013; Ord. 4745 § 1, 2003].

5.41.070 Persons to whom registration permit is issued.

A registration permit may be issued to a corporation or association duly authorized to transact business in this State, or to a person operating under a fictitious name who has complied with all of the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code. Otherwise all such permits shall be issued in the true name of the applicant. Except as provided above, no business, occupation or activity for which this chapter requires registration may be conducted under any false or fictitious name. A registration permit issued to a corporation shall designate such corporation by the exact name as it appears in the article of incorporation of such corporation. [Ord. 4745 § 1, 2003].

5.41.080 Availability of registration permit.

At each establishment location, the applicable registration permit shall be available to any official of the Office of Weights and Measures. [Ord. 4745 § 1, 2003].

5.41.090 Violations.

It is unlawful for any person or registrant, employee or agent thereof to do any of the following:

(A)    Use a point-of-sale station without a current registration permit.

(B)    Fail to make the registration permit available to any official of the Office of Weights and Measures.

(C)    Fail to comply with the provisions of Division 5 of the California Business and Professions Code and Division 9 of Title 4 of the California Code of Regulations. [Ord. 4745 § 1, 2003].

5.41.100 Hearing on revocation or suspension.

Prior to the refusal to grant or renew any such registration permit, and prior to revocation or suspension of such permit, the applicant or registrant shall be entitled to a hearing in accordance with Business and Professions Code Section 12015.3. [Ord. 4745 § 1, 2003].

5.41.110 Restoration of suspended or revoked permit.

A suspended or revoked registration permit shall be restored or reissued by the Office of Weights and Measures when the applicant or registrant has corrected all violations to the satisfaction of the Office of Weights and Measures and is in full compliance with applicable State law and with this chapter. [Ord. 4745 § 1, 2003].

5.41.120 Violation—Infraction—Misdemeanor.

(A)    Except as provided in subsection (B) of this section, any person violating any provision of this chapter shall be deemed guilty of an infraction.

(B)    A person convicted of a second or subsequent violation of this chapter within two years from the date of the first conviction shall be guilty of a misdemeanor punishable by a fine not to exceed $500.00 or by imprisonment for a period of not more than six months in the County jail or by both such fine and imprisonment.

(C)    Payment of any imposed fine or service of a jail sentence shall not relieve a person from the responsibility of correcting the condition resulting from the violation.

(D)    In addition to the above fines, the court may order that the guilty party shall reimburse the County for all costs incurred in the investigation, and the prosecution of the enforcement action against the guilty party. The court shall fix the amount of such reimbursement upon the submission of proof of such costs by the County. [Ord. 4745 § 1, 2003].