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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER II. PRICE VERIFICATION SYSTEM REGISTRATION CERTIFICATE

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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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)