[HISTORY: Adopted by the Common Council of the City of Rensselaer
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 136.
[Adopted 11-18-1998 by L.L. No. 1-1998]
This article recognizes that clear, accurate item pricing is
a basic consumer right that is not protected under current state law.
It is the intent of this legislation to ensure that consumer goods
offered for sale in the City of Rensselaer are clearly, accurately
and adequately marked as to their selling prices. Further, it is the
intention of this body to provide for a waiver of the item pricing
requirement for certain stores which maintain a very high degree of
computer-assisted pricing accuracy and which provide certain other
services to permit consumers to record and verify individually priced
items. It is also the intention of this body to require clear and
legible shelf labels.
As used in this article, the following terms shall have the
meanings indicated:
Any electronic device, computer system or machine which determines
the selling price of a stockkeeping item by interpreting its universal
product code, or by use of its price look-up function.
An authorized City government official having jurisdiction
to enforce the provisions of this section.
A clearly readable tag, stamp or mark affixed to a stockkeeping
item by an authorized person which sets forth, in Arabic numerals,
the retail price.
The capability of any checkout system to determine the retail
price of a stockkeeping item by way of the manual entry into the system
of a code number assigned to that particular unit by the retail store
or by way of the checkout operator's consultation of a file maintained
at the point of sale.
An inspection of a retail store for purposes of determining
that programmed computer prices are consistent with the retail price
or item, shelf, sale or advertised price. A pricing accuracy inspection
shall consist of not less than 100 nor more than 200 stockkeeping
units, representing a cross section of all stockkeeping units offered
for sale.
The lowest price of a stockkeeping item as determined by
item, shelf, sale or advertised price of such stockkeeping item.
A store selling stockkeeping units at retail. A store which
is not open to the general public but is reserved for use by its members
shall come within the provisions of this definition unless the members
must pay a direct fee to the store to qualify for membership and the
store is not required to collect sales tax on transactions with members.
Pursuant to this section, a retail store shall not include any store
which:
Has as its only full-time employee the owner thereof or the
parent or the spouse or the child of the owner or, in addition thereto,
not more than two full-time employees;
Had annual gross sales in a previous calendar year of less than
$3,000,000, unless the retail store is part of a network of subsidiaries,
affiliates or other member stores, under direct or indirect common
control, which, as a group, had annual gross sales in the previous
calendar year of $3,000,000 or more, exclusive of the sale of motor
fuel; or
Engages primarily in the sale of food for consumption on the
premises or in a specialty trade which the Sealer of Weights and Measurers
of the City of Rensselaer determines, by regulation, would be inappropriate
for item pricing.
The price of a stockkeeping item offered for sale in good
faith at a price below the price for which such stockkeeping items
are usually sold in the store.
The tag or sign placed by an authorized person at each point
of display of a stockkeeping unit, which clearly sets forth the retail
price of the stockkeeping items within the unit.
Each item of a stockkeeping unit offered for sale.
Each group of items offered for sale of the same brand name,
quality of contents, retail price and variety within the following
categories:
Food, including all material, solid, liquid or mixed, whether
simple or compound, used or intended for consumption by human beings
or domestic animals normally kept as household pets, and all substances
or ingredients to be added thereto for any purpose.
Napkins, facial tissues, toilet tissues and any disposable wrapping
or container for the storage, handling or serving of food.
Detergents, soaps, other cleansing items and cleaning implements.
Nonprescription drugs, feminine hygiene products and health
and beauty aids.
Any system of coding which entails electronic pricing.
A waiver from item pricing, issued by the Sealer of Weights and Measurer of the City of Rensselaer pursuant to § 141-7 of this article.
A.
Every person, firm, partnership, corporation or association which
sells, offers for sale or exposes for sale in a retail store a stockkeeping
unit that bears a universal product code shall disclose to the consumer
the item price of each stockkeeping item.
B.
Certain items exempted. The following stockkeeping items need not be item priced as provided in Subsection A of this section, provided that a shelf price and a price look-up function are maintained for such stockkeeping items:
(1)
Snack foods, such as cakes, gum, candies, chips and nuts, offered
for sale in single packages and weighing five ounces or less, and
cigarettes and tobacco, frozen foods and publicly advertised items
on sale for no longer than seven days.
(2)
Stockkeeping items which are under three cubic inches in size, weigh
less than three ounces and are priced under $1.
(3)
Items sold through a vending machine.
(4)
Cardboard boxes of gelatin, pudding and pie filling (six ounces'
maximum weight), glass jars of baby food (six ounces' maximum
weight), white milk and eggs and canned cat food and tuna fish (six
ounces' maximum weight).
A.
No retail store shall charge a retail price for any exempt or nonexempt stockkeeping item which exceeds the lower of any item, shelf, sale or advertised price of such stockkeeping item. In the event that the programmed computer price exceeds the lowest price a store is permitted to charge for a stockkeeping unit, the store will be subject to a penalty as described in § 141-5E.
B.
In a store with a laser-scanning or other assisted computer checkout
system, the enforcing agent shall be permitted to compare the item,
shelf sale or advertised price of any one stockkeeping item sold in
the store with the programmed computer price.
A.
Item pricing inspection procedures. For the purpose of determining a store's compliance with the requirements of § 141-3, when an inspection is made it shall be conducted with a sample of no less than 50 stockkeeping units.
B.
Laser scanner accuracy inspection procedures. For any inspection under § 141-4, the store representative shall afford the inspector access to the test mode of the checkout system in use at the store or to a comparable function of said system and to the retail price information contained in a price lookup function.
C.
Stop removal order. An inspector shall have the authority to issue a stop removal order with respect to any device, system or stockkeeping unit being used, handled or offered for sale in violation of § 141-3 or 141-4. Any such order shall be in writing and direct that the device, system or stockkeeping item, as the case may be, shall be removed from use or sale pending correction.
D.
Penalties for item pricing violations. Any person who fails to mark any stockkeeping item in violation of § 141-3 shall be subject to the penalties of not less than $20 and not more than $50 per violation. For additional violations during a subsequent inspection in a twelve-month period, the above penalties shall be doubled. No penalties shall be imposed for a violation of § 141-3 if more than 95% of all the stockkeeping items inspected in each stockkeeping unit at an individual point of sale contain clearly readable item prices.
E.
Penalties for scanner accuracy violations. For a violation of the provisions of § 141-4, a penalty in the amount of $50 per violation shall be imposed for the first 2% of the stockkeeping items compared rounded to the nearest whole number; $100 per violation for the next 2%; $200 per violation for the next 2%; and $300 for each additional violation. For additional violations during a subsequent inspection in a twelve-month period, the above penalties shall be doubled.
F.
Jurisdiction. The provisions of this section and the regulations
promulgated hereunder shall be enforced by the Sealer of Weights and
Measures of the City of Rensselaer.
G.
This article shall take effect immediately upon filing with the Secretary
of State of the State of New York.
If the New York State Legislature enacts an item pricing law,
it shall supersede this legislation in all respects, and this legislation
shall be null and void when the state legislation takes effect.
A.
In retail stores equipped with a computer-assisted checkout system,
the Sealer of Weights and Measures of the City of Rensselaer shall
have the authority to conduct pricing accuracy inspections. Retail
stores with computer-assisted checkout systems which do not place
price stickers on individual stockkeeping units shall be required
to:
(1)
Display easy-to-read and properly located shelf tags or signs on
every stockkeeping unit or group of stockkeeping units of the same
brand, size and price. Each stockkeeping item's (SKI's)
retail price shall be printed on a shelf label in characters no less
than 3/4 of an inch in height. Shelf price labels on bottom shelves
shall be tilted upward at an angle of between 30° and 60°
from the floor. A retail store failing to comply with this section
shall be subject to a penalty in the sum of not more than $300 in
the first violation, not more than $600 for the second and each subsequent
violation.
(2)
Achieve and maintain a pricing accuracy level of 98% from an inspection
of not less than 100 stockkeeping units nor more than 200 stockkeeping
units, which shall represent a cross section of all stockkeeping units
offered for sale, to ascertain that the retail price is the same as
the computer-assisted checkout price.
(3)
Designate and make available a price check scanner to enable consumers
to confirm the price of a stockkeeping unit. This price check scanner
shall be in a location convenient to customers, with a sign of sufficient-sized
lettering, identifying this unit to the customers. Such waiver shall
not be granted unless the location and size of the sign are approved.
The store may utilize this scanner to meet unanticipated customer
checkout needs. A retail store failing to comply with this section
may be assessed a penalty not to exceed $300 per violation.
(4)
Notify the Sealer of Weights and Measures of the City of Rensselaer
of the installation of scanning equipment. A retail store failing
to comply with this section may be assessed a penalty not to exceed
$300 per establishment.
(5)
Post a notice for the customer, in a conspicuous location, of the
granting of a waiver from item pricing within this store by the Sealer
of Weights and Measures of the City of Rensselaer, which shall state
consumer rights under this article. Such sign, content, size and location
are to be approved by the Sealer of Weights and Measures of the City
of Rensselaer.
B.
The Sealer of Weights and Measures of the City of Rensselaer shall
also have the authority to respond to consumer complaints of overcharges.
In the event that the programmed computer price exceeds the retail
price, a penalty in the amount of $100 will be assessed. Inspections
done in response to a consumer complaint shall not be considered as
pricing accuracy inspections or result in greater penalties.
C.
In the event that the programmed computer price exceeds the retail
price, the retail store will correct the pricing before the inspector
leaves the store.
D.
The following penalties are established for pricing accuracy inspection
violations, based on a sample of not less than 100 stockkeeping units
nor more than 200 stockkeeping units. A violation exists when the
programmed computer price exceeds the retail price.
E.
If a retail store fails to achieve a pricing accuracy level of 95%
on two consecutive pricing accuracy inspections, on a sample of not
less than 100 stockkeeping units nor more than 200 stockkeeping units,
a penalty in the amount of $2,000 will be assessed.
F.
Waivers from item pricing.
(1)
Every retail store which uses a computer-assisted checkout system and which would otherwise be required to item price as provided in § 141-3 of this article may make application in writing to the Sealer of Weights and Measures of the City of Rensselaer for a waiver of said item pricing requirement. A separate application shall be required for each store. Each application shall be subject to a nonrefundable processing fee to cover the cost of conducting scanner accuracy inspections as provided in Subsection F(2). The processing fee shall be a minimum of $750, but in no event shall be less than the cost of conducting the two required scanner accuracy inspections as provided in Subsection F(4) of this section.
(2)
Upon receipt of an application and fee, the Sealer of Weights and
Measures of the City of Rensselaer shall cause to be conducted two
scanner accuracy inspections of the store for which the application
has been submitted. These inspections shall be conducted on two separate
days and in a manner prescribed by this section; however, a minimum
of 100 store stockkeeping items (SKIs) shall be checked at each inspection.
In the event that any violations are detected, a penalty shall be
assessed as provided for in this article. If, considering both inspections
together, the number of SKIs found to be in violation does not exceed
2% of all SKIs inspected, the Sealer of Weights and Measures of the
City of Rensselaer shall grant to the applicant a one-year revocable
waiver from the item pricing requirement.
(3)
A waiver from item pricing shall be valid for a period of one year
from the date of issuance. Stores may reapply annually for renewal
of waiver. The processing fee and two inspections shall be required
for each annual renewal application, as are required for an original
waiver application.
(4)
In the event that total violations in excess of 2% are discovered in the inspections provided for, the Sealer of Weights and Measures of the City of Rensselaer shall not grant a waiver to the applicant. Such store must promptly reapply for a waiver and pay the required fee to the Sealer of Weights and Measures of the City of Rensselaer within five business days after being notified of the failure. Stores which do not reapply must be in compliance with all the requirements of the item pricing law. If the applicant continues to maintain total violations in excess of 2% as determined by the scanner accuracy inspections pursuant to Subsection F(2) of this section, the applicant shall not be permitted to reapply for one year from either the commencement date of the temporary waiver or the scanner accuracy inspection test for the reapplication, whichever is longer.
(5)
In the event that the Sealer of Weights and Measures of the City
of Rensselaer is unable to conduct inspections pursuant to this section
within 30 days of receipt of a complete waiver application and processing
fee, the Sealer of Weights and Measures of the City of Rensselaer
shall grant a temporary waiver, pending completion of the inspections.
The Sealer of Weights and Measures of the City of Rensselaer shall
cause said inspections to be completed as soon as practicable. If
upon completion, the inspections detect a violation rate of 2% or
less, the Sealer of Weights and Measures of the City of Rensselaer
shall issue a regular waiver with an expiration date of one year from
the commencement date of the temporary waiver. If the inspections
detect a violation rate in excess of 2%, the temporary waiver shall
be immediately revoked and the provisions of this section shall apply.
(6)
In addition to the scanner accuracy inspections outlined in Subsection F(2) of this section, the Sealer of Weights and Measures of the City of Rensselaer shall conduct three additional scanner accuracy inspections during the twelve-month period for which the waiver is valid. In no event shall more than six months transpire between each scanner accuracy inspection as required by this subsection.
G.
Super refund. Any person who suffers a loss because the price charged for a stockkeeping item by a store which has been granted a waiver from item pricing pursuant to § 141-7 of this article is greater than the least price of the item, shelf, sale or advertised price may seek special payment by notifying the store, in person or in writing, that the price charged is more than the item, sale, shelf or advertised price. The notice shall include evidence of the loss suffered by the customer. As soon as practical, and in any case within one hour after receipt of such notification and verification of the overcharge, the store shall tender to the consumer an amount equal to the difference between the price charged and the least of the item, sale, shelf or advertised price, plus an amount equal to 10 times that difference, but not less than $1 nor more than $10. If the loss is suffered by one customer within one transaction on two or more identical stockkeeping items, the amount to be tendered by the store shall be the difference on each item plus an amount equal to 10 times the difference on a single item, but not less than $1 nor more than $10.
H.
The Sealer of Weights and Measures of the City of Rensselaer shall
file with the City Clerk a report of the results of each inspection
conducted. This report shall consist of the name of the retail store,
the type of pricing for which compliance is being tested, the number
of items selected, the number of items properly priced, the number
of items improperly priced and the percent of items in noncompliance
based upon the number of items in the sample.
This article shall be deemed to supersede any and all proper
enactments of the City of Rensselaer with respect to the subject matter
contained herein. Wherever any prior local law of the City of Rensselaer
is found to be inconsistent or in conflict with the provisions contained
herein, such prior local law shall be deemed hereby amended. This
article shall be construed liberally so as to provide maximum protection
to the consumers of the City of Rensselaer.
This article shall be deemed, pursuant to Subdivision 1 of § 22 of the Municipal Home Rule Law, to supersede County of Rensselaer Local Law No. 1 of the year 1993, entitled "A Local Law Providing for Clearly Displayed Pricing of Goods Offered for Sale in Rensselaer County," as enacted by the Legislature for the County of Rensselaer, State of New York, on January 27, 1993, effective February 1, 1993, in its entirety, and any and all prior enactments of the County of Rensselaer with respect to the subject matter contained herein. This article shall be deemed to supersede any and all proper enactments of the County of Rensselaer with respect to the subject matter contained herein.
