The County of Santa Clara - SCC Public Portal

CHAPTER I.
FEES FOR WEIGHING AND MEASURING DEVICES

Sec. B30-1. Annual registration fees.

(a) Pursuant to the authority contained in Business and Professions Code Sections 12240 through 12246, there is hereby imposed an annual registration fee on all weighing and measuring devices in the County required to be inspected or tested by the Agricultural Commissioner/Sealer pursuant to Business and Professions Code Section 12210. The annual fees may also be used to cover the cost incurred by the Agricultural Commissioner/Sealer in carrying out the provisions of Business and Professions Code Section 12211.

(b) For purposes of this section, the annual registration fee for a business that uses a commercial weighing or measuring device or devices shall consist of both a business location fee and a device fee.

(d) For marinas, mobile home parks, recreational vehicle parks, and apartment complexes, where the owner of the marina, park or complex owns and is responsible for the utility meters, the device fee shall be $2.00 per device per space or apartment.

(e) Beginning July 1, 2007, for weighing devices, other than livestock scales, with capacities of 10,000 pounds or greater, the device fee shall be $200.00 per device; beginning July 1, 2007, for weighing devices, other than livestock scales, with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall be $120.00 per device.

(f) This section does not apply to farm milk tanks.

(g) A scale or device used in a certified farmers' market, as defined by Health and Safety Code Section 113745, is not required to be registered in the county where the market is conducted, if the scale or device has an unexpired seal, issued by a licensed California county sealer.

(h) Beginning July 1, 2007, for livestock scales with capacities of 10,000 pounds or greater, the device fee shall be $120.00 per device; beginning July 1, 2007, for livestock scales with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall be $80.00 per device.

(i) Beginning July 1, 2007, for liquefied petroleum gas (LPG) meters, stationary or truck mounted, the device fee shall be $140.00 per device.

(j) Beginning July 1, 2007, for wholesale and vehicle meters, the device fee shall be $20.00 per device.

(k) Beginning July 1, 2007, for all other commercial weighing or measuring devices not listed in subsections (d) to (j), inclusive, the device fee shall be $16.00 per device, not to exceed the sum of $1,000.00 for each business location.

(l) The number of devices is determined as of July 1, or at the commencement of business operations.

(m) For the purposes of this section, a single business location is defined as:

(1) Each vehicle containing one or more commercial devices.

(2) Each business location that uses different categories or types of commercial devices that require the use of specialized testing equipment and that necessitates not more than one inspection trip by a weights and measures official.

(Ord. No. NS-300.719, § 2, 9-9-03; Ord. No. NS-300.743, § 1, 4-25-06; Ord. No. NS-300.781, § 1, 4-24-07)

Sec. B30-2. Registration fee payment and use.

The fees imposed by Section B30-1 are due and payable at the commencement of each fiscal year which begins July 1. For businesses commencing operations during the fiscal year, the fees are due and payable as of the date of commencement. There will be no proration of the annual device fee. The fees collected will be used to recover the costs of inspection and testing of devices required of the Agricultural Commissioner/Sealer pursuant to Business and Professions Code Sections 12210 and 12211.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-3. Late payment penalty.

Beginning July 1, 2006, any registration fee not paid within 30 days of when due is subject to a late penalty fee of 100 percent of the original amount due.

(Ord. No. NS-300.719, § 2, 9-9-03; Ord. No. NS-300.743, § 2, 4-25-06)

Sec. B30-4. Fees for testing weighing and measuring devices upon request.

(a) For purposes of this section, the term "commercial purposes" is as defined in Section 12500 of the California Business and Professions Code.

(b) Pursuant to the California Business and Professions Code Sections 12210(b) and 12210.5, the Board of Supervisors hereby directs the Agricultural Commissioner/Sealer to calibrate, test, weigh, and measure, and certify to the accuracy of weights and measures and weighing and measuring devices and instruments, tools and accessories connected therewith, whether or not used for commercial purposes, upon written request of any person. Pursuant to Section 12210.5 of the California Business and Professions Code, the fee schedule established for testing of weighing and measuring devices initiated by written request will be in accordance with those fees established by the Director of Agriculture of the State of California. The fee schedule will be established by resolution of the Board of Supervisors.

(c) After any commercial weighing or measuring instrument of device has been tested as prescribed by Section 12210(a) of the Business and Professions Code and found to be outside the tolerances or specifications set by the California Department of Food and Agriculture, the Agricultural Commissioner/Sealer may re-inspect, re-test and re-certify the instrument or device in order to determine if it is within those tolerances and specifications. Owners or operators of commercial weighing or measuring devices that fail an initial test will be charged for any required re-testing at the same fee established for tests conducted upon written request.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-5. Reschedule fees and standby fees.

(a) The Agricultural Commissioner/Sealer may schedule inspection appointments, at a mutually acceptable time to the Agricultural Commissioner/Sealer and the business owner/user, to test and inspect commercial and non-commercial weighing or measuring instruments. If for any reason the scheduled appointment cannot be maintained, notification of at least 24 hours before the scheduled inspection appointment must be given to the Agricultural Commissioner/Sealer. If 24 hours notification is not provided, the appointment will be considered a missed appointment and a fee will be charged for rescheduling. The fee will be established by resolution of the Board of Supervisors.

(b) The Agricultural Commissioner/Sealer is directed to charge a fee for the rescheduling of missed appointments that the Agricultural Commissioner/Sealer had previously scheduled for the convenience of the owner, distributor or service agent. The fee will be that established by resolution of the Board of Supervisors.

(c) The Agricultural Commissioner/Sealer is directed to charge a fee for the time that the Agricultural Commissioner/Sealer is requested to stand by with necessary equipment either for the removal of contaminated, mislabeled or substandard motor fuel, or for the convenience of the owner, distributor, or service agent of any commercial or non-commercial weighing and measuring instruments while such instruments are put into proper condition to be inspected or tested. The fee will be established by resolution of the Board of Supervisors.

(Ord. No. NS-300.719, § 2, 9-9-03)

Secs. B30-6--B30-9. Reserved.

CHAPTER II.
PRICE VERIFICATION SYSTEM REGISTRATION CERTIFICATE

Sec. B30-10. Introduction.

The Board of Supervisors finds and determines that it is in the public's interest to identify, inspect and register price verification systems, commonly known as "scanners," and to monitor the utilization of such systems.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-11. 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 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 is not 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 and may also correct pricing errors resulting from the misplacement of merchandise by consumers.

(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 price verification systems, penalties for failure to register or for late registration and failure to make available a current registration certificate.

(c) This chapter also requires the posting of the scanner toll-free number 1-866-SCANNER (1-866-722-6637) at each price verification system station.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-12. Definitions.

For the purpose of this chapter, the following words and phrases are defined as follows:

(a) Advertise means a notice to attract public attention.

(b) Agricultural Commissioner/Sealer means the County of Santa Clara Agricultural Commissioner/Sealer, including his/her deputies and inspectors.

(d) Commodity means any article of commerce or anything that is bought or sold.

(e) Department means the Department of Agriculture and Resource Management of the County of Santa Clara.

(f) Location means a premise on which a single business operates a price verification system.

(g) Person means any person, firm, corporation, business or association.

(h) Price verification system means equipment that is capable of recovering electrically stored price information that is used to charge consumers for the purchase of commodities. "Price verification system" includes, but is not limited to, equipment that uses Universal Product Code scanners, price look-up codes, or any other system of commerce between a retailer and consumer.

(i) Price verification system station means each individual point of sale station, cash register, checkout station, or similar device used in a price verification system to charge consumers for the purchases of commodities.

(j) Sell includes barter, exchange, trade, keep for sale, offer for sale or expose for sale in any of their variant forms.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-13. Registration certificate requirements.

(a) It is unlawful for a person to use a price verification system for commercial purposes without first obtaining a registration certificate from the Agricultural Commissioner/Sealer. A separate registration certificate is required for each business location. The registration certificate is in addition to any other certificate, license, or permit, which may be required by the County or any public entity.

(b) Registration certificates will be issued upon payment of all applicable fees and late penalties as set forth in Sections B30-16 through B30-18 below.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-14. Duration and transferability of registration certificate.

(a) All registration certificates are valid for up to one year and expire on the following June 30. Renewal of a certificate is to be made in a manner similar to the issuance of the original certificate. Registration certificates not renewed by July 31 of the applicable year will be considered expired until such time as the registration fee and the applicable penalty fee have been received by the Department.

(b) Registration certificates are not transferable between persons or locations.

(c) In the case where a holder of a registration certificate leases, sublets, subcontracts, or in any manner allows any other person or entity to engage in activities regulated under the certificate, all price verification systems remain the responsibility of the certificate holder, unless the other person or entity obtains a separate registration certificate in accordance with the provisions of this chapter.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-15. Posting of registration certificate.

At each location, the applicable registration certificate must be readily available to any official of the Department.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-16. Annual registration fee.

An annual registration fee is required of each business location in the County that operates a price verification system for commercial purposes. The annual registration fee is set by resolution of the Board of Supervisors. The fees collected will be used to recover the costs of inspection of price verification systems and the education and outreach program.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-17. Reserved.

Sec. B30-18. Late registration certificate fees.

Any registration fee not paid within 30 days of when due is subject to a late penalty fee of 100 percent of the original amount due.

(Ord. No. NS-300.719, § 2, 9-9-03; Ord. No. NS-300.744, § 1, 4-25-06)

Sec. B30-19. Violations.

It is unlawful for any person, or any registration certificate holder, employee or agent thereof to violate the provisions of this chapter, including, but not limited to:

(a) Use of price verification systems for a commercial purpose without a current registration certificate.

(b) Failure to make available the registration certificate as required in Section B30-15.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-20. Penalties.

(a) Criminal penalties will include those set forth in Business and Professions Code Sections 12024.2 and 12015.5 for any person or business which violates the requirements of this chapter.

(b) Civil penalties will include those set forth in Business and Professions Code Section 12015.3 for any person or business which violates the requirements of this chapter.

(c) Except as otherwise specifically provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws.

(d) Payment of a fine or other penalty imposed by a court does not relieve a person from the responsibility of obtaining a registration certificate for a price verification system and from the requirements of Section B30-21.

(e) In addition to all other remedies provided by this chapter or state law, in the event of continuing violation of the provisions of this chapter, the Department may seek injunctive relief to restrain further violations. In addition to any injunctive or equitable relief that the court in its discretion deems warranted, the civil penalties will include the following:

(i) The penalties provided for in this Section B30-20 to the extent the penalties have not been sought or imposed pursuant to a criminal proceeding;

(ii) The full amount needed to make all restitution to any agencies, persons or entities for damages sustained or costs incurred, including but not limited to attorney's fees, as a result of the violations; and

(iii) The full amount needed to reimburse the County for any enforcement costs related to the violations.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-21. Notice to consumer.

In addition to the registration certificate requirements of this chapter, every person who uses a price verification system station for commercial purposes must post a notice which will be provided by the Department. The notice must be clearly visible to the general public and to consumers at each price verification system station. The notice will state the following:

"Attention Consumer: You are entitled to the lowest advertised price offered by this store. For information or complaints, you may call the Agricultural Commissioner/Sealer at the toll free number, 1-866-SCANNER (1-866-722-6637)."

"Clearly visible" for this section means that the notice is to be positioned so that it is visible to the consumer and may be accurately read from some reasonable location. Failure to comply with the provisions of this section will be punishable as specified in Section B30-20.

(Ord. No. NS-300.719, § 2, 9-9-03)