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. 
"Area" means an entire store, a department, grouping of shelves or displays, or other section of a store as defined by the sealer from which samples are selected for verification. Nonpublic areas of a store, such as the area in a pharmacy in which controlled drugs are kept or product storage rooms, shall not be included.
C. 
"Automated point-of-sale system" means any system used by a retail establishment such as, but not limited to, Universal Product Code (UPC) scanners, price-look-up codes, or an electronic price look-up system as a means for determining the price of the item being purchased by a consumer.
D. 
"Automated point of sale 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.
E. 
"Capacity" is the nominal capacity or the maximum load as marked on the device as the intended or stated maximum load of the device being tested.
F. 
"Commercial purpose" includes any sale of a commodity or thing by a person to a consumer.
G. 
"Commodity" means any article of commerce or anything that is bought or sold.
H. 
"Department" means the Department of the Agricultural Commissioner/Director of Weights and Measures of Sacramento County
I. 
"Initial standard inspection" means an inspection made at the customary time interval used by an enforcement agency.
J. 
"Location" means a premises on which a single business operates a price verification system.
K. 
"Person" means any person, firm, corporation, business or association.
L. 
"Random sample" of items means that the selection process shall be modeled after the National Institute of Standards and Technology Handbook 130, 2005 Edition (HB 130)—Examination Procedures for Price Verification, randomized sample collection; stratified sample collection.
M. 
"Sale items" include any item that is represented or advertised to be lower in price from that which the item is normally offered for sale. A "sale item" includes but is not limited to, an item that is represented as "promotional," "limited time offer," a "manager special," "discount taken at register," or displayed with any other advertisements that offers or suggests a reduced price.
N. 
"Sealer" means the County of Sacramento Agricultural Commissioner/Director of Weights and Measures, including his or her deputies and inspectors.
O. 
"Sell" includes barter, exchange, trade, keep for sale, offer for sale or expose for sale in any of their variant forms.
P. 
"Special inspections," include, but are not limited to, inspections pertaining to investigations, consumer complaints, complaints from competing businesses or a re-inspection of a retail establishment at which one or more price accuracy violations have occurred within the previous three months.
(SCC 1327 § 2, 2006)
The Agricultural Commissioner shall charge and collect fees for inspection, registration, certification, predator trapping and control services performed by the Commissioner or his or her authorized representatives. The amount of said fees shall be established, from time to time, by the Board of Supervisors by resolution, in accordance with applicable provisions of law, in amounts which do not exceed the costs incurred by the County in performing the inspection, registration and certification, predator trapping and control functions to which the fees relate.
(SCC 1327 § 2, 2006)
A. 
Pursuant to the provisions of Business and Professions Code Sections 12240 through 12246, the Sealer shall charge an annual location fee, an administrative fee as specified in Section 12241, and device registration fee to recover the costs of inspecting or testing weighing and measuring devices. The fees collected may also be used to recover the costs of inspecting or testing weighing and measuring devices required of the Sealer pursuant to Section 12210, and costs associated with carrying out Section 12211. The Board of Supervisors of the County hereby expressly finds that the costs of such inspection or testing exceed the amount of the prescribed fees, and hereby establishes those fees, in accordance with Business and Professions Code Section 12240, in the following amounts:
1. 
$100 per business location, plus an amount lesser than or equal to the maximum applicable device fee listed in subsections (a) through (j), inclusive.
a. 
For marinas, mobilehome 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 not exceed the following:
i. 
For water submeters, two dollars per device per space or apartment.
ii. 
For electric submeters, three dollars per device per space or apartment.
iii. 
For vapor submeters, four dollars per device per space or apartment.
b. 
For weighing devices, other than livestock, with capacities of 10,000 pounds or greater, the device fee shall not exceed $250 per device; 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 not exceed $150 per device.
c. 
For livestock scales with capacities of 10,000 pounds or greater, the device fee shall not exceed $150 per device; for livestock scales with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall not exceed $100 per device.
d. 
For liquefied petroleum gas (LPG) meters, truck mounted or stationary, the device fee shall not exceed $185 per device.
e. 
For compressed natural gas (CNG) and liquefied natural gas (LNG) meters, truck mounted or stationary, the device fee shall not exceed $185 per device.
f. 
For wholesale and vehicle meters, the device fee shall not exceed $75 per device.
g. 
For computing scales, the device fee shall not exceed $23 per device. For purposes of this subsection, a computing scale shall be a weighing device with a capacity of less than 100 pounds that indicates the money value of any commodity weighed, at predetermined unit prices, throughout all or part of the weighing range of the scale. For purposes of this subsection, the portion of the annual registration fee consisting of the business location fee and the device fees authorized by this subsection shall not exceed the sum of $1,000 for each business location.
h. 
For jewelry and prescription scales and scales marked as, or meeting the design and performance requirements of a Class II weighing device, the device fee shall not exceed $80 per device. For purposes of this subsection, a jewelry or prescription scale or a scale marked as, or meeting the design and performance requirements of a Class II weighing device, shall be a scale that meets the specifications, tolerances, and sensitivity requirements established or adopted by the Secretary of Food and Agriculture applicable to those devices in accordance with Section 12107.
i. 
For weighing devices, other than computing, jewelry, and prescription scales and scales marked as, or meeting the design and performance requirements of a Class II weighing device, as defined in subsections (g) and (h), with capacities of at least 100 pounds but less than 2,000 pounds, the device fee shall not exceed $50 per device.
j. 
For all other commercial weighing or measuring devices not listed in subsections (a) to (i), inclusive, the device fee shall not exceed $20 per device. For the purposes of this subsection, the total portion of the annual registration fee consisting of the business location fee and the device fees authorized by this subsection shall not exceed the sum of $1,000, for each business location.
B. 
A scale or device used in a certified farmers' market, as defined by Section 113742 of the Health and Safety Code is not required to be registered in the county where the market is conducted, if the scale or device has an unexpired seal for the current year, issued by a licensed California county sealer.
C. 
For the purposes of this section, a single business location is defined as:
1. 
Each business location that uses one or more categories or types of commercial devices as set forth in subsections (A)(1)(a) to (i), inclusive, and in subsection (A)(1)(j), that require the use of specialized testing equipment and that necessitates not more than one inspection trip by a weights and measures official.
2. 
Each vehicle, in which one or more commercial devices is installed and used.
D. 
For scales or devices used in certified farmers' markets, as defined by Health and Safety Code Section 113742, and brought into the Department for testing, the location fee shall be waived.
E. 
For water dispensing machines, the location fee shall be reduced by 50%.
(SCC 1327 § 2, 2006; SCC 1696 § 1, 2022)
The annual fees prescribed by Section 2.72.020 shall be collected by the Sealer from proprietors of the weighing and measuring devices at the locations where they are maintained by billings on such date or dates as the Sealer may select. Each proprietor of a weighing or measuring device subject to the fees prescribed by Section 2.72.020 shall be liable for an amount equal to twice the amount of the fees prescribed pursuant to that section if payment of the billed amount is not made within 60 calendar days following the date of transmittal of the billing. Each billing transmitted by the Sealer shall state the amount of the fees owing under Section 2.72.020 together with the amount owing under this section for delinquent payment. After the Sealer has exhausted all attempts to collect the required fees directly, he or she shall refer delinquent bills for collection by the Office of Revenue Reimbursements through suit in the name of the County in the applicable court. The Board of Supervisors of the County expressly finds that the costs of collecting delinquent fees exceed the amount which would be recovered as a result of the increased fee prescribed by this section.
(SCC 1327 § 2, 2006)
It is unlawful to charge, at the time of sale, a price that is more than the price that is advertised or posted. A location is not required to sell at a price 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.
(SCC 1327 § 2, 2006)
A. 
It is unlawful for a person to use an automated point of sale system for commercial purposes without first obtaining a registration certificate from the 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 2.72.090 and 2.72.100 of this chapter.
(SCC 1327 § 2, 2006)
A. 
All registration certificates are valid for up to one year and expire on the following December 31st. Renewal of a certificate is to be made in a manner similar to the issuance of the original certificate. Registration certificates not renewed by January 31st following the December 31st expiration date will be considered expired, and may be renewed only upon payment of the registration fee and any applicable penalties.
B. 
Registration certificates are not transferable between persons or locations.
C. 
If 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.
(SCC 1327 § 2, 2006)
At each location, the applicable registration certificate must be readily available to any official of the Department.
(SCC 1327 § 2, 2006)
An annual registration fee is required of each business location in the County that operates an automated point of sale system for commercial purposes. The annual registration fee shall be set by resolution of the Board of Supervisors.
(SCC 1327 § 2, 2006)
A business location shall be liable for an amount equal to twice the amount of the annual registration fee if payment of the billed amount is not made within 60 calendar days following the date of transmittal of the billing.
(SCC 1327 § 2, 2006)
It is unlawful for any person, or any registration certificate holder, employee or agent thereof to violate the provisions of this chapter, and specifically it is unlawful to:
A. 
Operate price verification systems without a current registration certificate.
B. 
Fail to make available the registration certificate as required in Section 2.72.080.
C. 
Fail to post the toll-free number to consumers as specified in Section 2.72.130.
(SCC 1327 § 2, 2006)
A. 
Criminal penalties will be determined pursuant to 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 be determined pursuant to 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 point of sale system and from the requirements of Section 2.72.60.
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:
1. 
The penalties provided for in this section to the extent the penalties have not been sought or imposed pursuant to a criminal proceeding;
2. 
The full amount needed to make any 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
3. 
The full amount needed to reimburse the County for any enforcement costs related to the violations.
(SCC 1327 § 2, 2006)
Every person who uses an automated point of sale 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 automated point of sale station. The notice will state the following and will include the toll free number to be established:
"Attention Consumer: You are entitled to the lowest advertised price offered by this store. For information or complaints, you may call the Director of Weights and Measures at the toll free number __________."
(SCC 1327 § 2, 2006)
A. 
The initial standard inspection of the point-of-sale ("POS") system is based on the following criteria:
1. 
The initial standard inspection shall be performed by collecting a random sample of items that shall include a maximum of 50% sale items from either:
a. 
One department of a retail store;
b. 
Multiple areas of a retail store;
c. 
The entire store.
2. 
The initial standard inspection shall be performed by testing a minimum random sample of 10 items for a retail establishment with three or fewer POS checkout registers.
3. 
The initial standard inspection shall be performed by testing a minimum random sample of 25 items for all retail establishments with greater than three but less than 10 POS checkout registers.
4. 
The initial standard inspection shall be performed by testing a minimum random sample of 50 items for all other retail establishments.
5. 
The sealer shall verify that the lowest advertised, posted, marked, displayed, or quoted price is the same as the price displayed or computed by the point-of-sale equipment or printed receipt. Only items computed at a higher price than the lowest advertised, posted, marked, displayed, or quoted price shall be considered not in compliance.
6. 
The compliance rate percentage of a retail establishment shall be determined by dividing the number of items in compliance by the sample size multiplied by 100.
B. 
Enforcement action may be taken for any item not in compliance.
C. 
The sealer may reinspect any retail facility that has a compliance rate of less than 98%.
D. 
The Director may charge a reinspection fee for reinspections of a retail establishment that fails a standard inspection, not to exceed the County's total cost of reinspecting or testing the accuracy of prices accessed or generated by the system pursuant to this section. Reinspection rates shall be set by resolution of the Board of Supervisors.
(SCC 1327 § 2, 2006; SCC 1420 § 1, 2009)