This chapter shall be known as the "Consumer Protection Business
Permit Ordinance of the City of Wildomar."
(Ord. 18 § 2, 2008, RCC
§ 5.64.010)
The purpose of this chapter is to establish permitting requirements
to identify, monitor and impose penalties on: (1) those persons commercially
engaged in the packaging of commodities in advance of sale; and (2)
those persons utilizing for commercial purposes automated systems
for retail sale commodity pricing commonly referred to as "scanners."
The authority for this chapter is: California Business and Professions
Code Sections 12009, 12011, 12011.6, 12012.1, 12013, 12015, 12015.3,
12015.5, 12024.2, 12024.6, 12028, 12103.5, 12211, 12609 and 12736;
California Government Code Section 25132; and California Code of Regulations,
Title 4, Section 4500 et seq.
(Ord. 18 § 2, 2008, RCC
§ 5.64.020)
Unless otherwise specifically provided or required by the next
context, certain terms or expressions used herein have meanings as
set forth below:
means a notice to attract public attention.
means any sale of a commodity or thing by a person.
means any article of commerce or anything that is bought
or sold.
means the Weights and Measures Division of the City of Wildomar.
means any room, enclosure, building, vehicle, space or area
at a single place.
means any person engaged in wrapping or packaging of a commodity
within the City prior to and for the purpose of sale wherein the item
wrapped or packaged is sold on the basis of weight, count, volume
or area.
means any person, firm, corporation, business or association.
means individual and separate equipment that is capable of
recovering electrically stored price information used to charge consumers
for the purchase of commodities. "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 consumer.
includes barter, exchange, trade, keep for sale, offer for
sale or expose for sale in any of their variant forms.
(Ord. 18 § 2, 2008, RCC
§ 5.64.030)
A.
The
following must obtain a permit in accordance with the provisions of
this chapter prior to the sale of any commodity: (1) any packer, and
(2) any person who uses a point of sale station.
B.
Separate
permits are required if a person is a packer and also uses a point
of sale station. A separate permit is required for each location.
The permit shall be in addition to any other certificate, license,
or permit which may be required by the City or any other public entity.
C.
Permits
shall be issued upon written application to the Department on a form
furnished by the Department and payment of applicable fees.
D.
The
following shall be exempt from this permit requirement: Packers of
less than 10,000 packages per year and wholesale agricultural packers.
(Ord. 18 § 2, 2008, RCC
§ 5.64.040)
The term of each permit shall be from July 1st through June
30th of the following year. Renewal of a permit shall be made in a
manner similar to the issuance of the original permit. Permits not
renewed by July 31st shall be considered expired until such time as
the permit fee and applicable penalty have been received by the Department.
Permits shall be readily available to any official of the Department.
(Ord. 18 § 2, 2008, RCC
§ 5.64.050)
Permits shall not be transferable between persons or locations.
Permits shall not be used by subcontractors or sublessees. Only permit
holders (including their employees) shall be allowed to engage in
activities regulated under the permit.
(Ord. 18 § 2, 2008, RCC
§ 5.64.060)
A.
The
fee for any packer or person using a point of sale station shall be
as follows:
B.
To any
permit fee not submitted by July 31st of the year for which the fee
is due, there shall be added a late fee as follows:
1.
To
any permit fee paid late between July 31st and September 30th of the
year for which the fee is due, there shall be added a penalty fee
of $50.00.
2.
If
a permit fee is not paid by September 30th of the year for which the
fee is due, then the permit shall become invalid and the permit shall
be reinstated only upon payment of an amount which is double the amount
of the permit fee due.
(Ord. 18 § 2, 2008, RCC
§ 5.64.070)
If a current permit has been lost, the person to whom it was
issued may obtain a replacement from the Department upon payment of
a replacement fee of $10.00.
(Ord. 18 § 2, 2008, RCC
§ 5.64.080)
A.
It shall
be unlawful for any person to violate any provision of the ordinance
codified in this chapter, or to violate the provisions of any permit
granted pursuant to this chapter. Any person violating any provision
of this chapter or the provisions of any permit granted pursuant to
this chapter, shall be deemed guilty of an infraction or misdemeanor
as hereinafter specified. Such person shall be deemed guilty of a
separate offense for each and every day or portion thereof during
which any violation of any of the provisions of this chapter or the
provisions of any permit granted pursuant to this chapter, is committed,
continued or permitted.
B.
Any
person so convicted shall be: (1) guilty of an infraction offense
and punished by a fine not exceeding $100.00 for a first violation;
(2) guilty of an infraction offense and punished by a fine not exceeding
$200.00 for a second violation. The third and any additional violations
shall constitute a misdemeanor offense and shall be punishable by
a fine not exceeding $1,000.00 or six months in jail, or both.
C.
Notwithstanding
the above, a first offense may be charged and prosecuted as a misdemeanor.
D.
Payment
of any penalty herein shall not relieve a person from the responsibility
for correcting the violation.
(Ord. 18 § 2, 2008, RCC
§ 5.64.090)
