Article II — AUTOMATED POINT-OF-SALE STATIONS (SCANNERS) INSPECTION

(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 Cal. Business and Professions Code §§ 12103.5, 12024.2 and 12024.6, the purpose of this article is to ensure that the advertised or posted price of a commodity is the price charged for that commodity. A location shall not be 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 article establishes a system to identify, register and inspect point-of-sale stations in retail commodity sales. In addition, this article authorizes penalties for failure to obtain a scanner registration certificate or for late payment of a scanner registration certificate and failure to make available a current scanner registration certificate. (1966 Code, § 10-7.1) (Ord. 777, § 5(part))

For the purposes of this article, the following words and phrases are defined and shall be construed as having the following meaning. AUTOMATED POINT-OF-SALE STATION. Individual and separate equipment that is capable of recovering electrically stored price information that is used to charge consumers for the purchase of commodities. POINT-OF-SALE STATIONS shall include, but are 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. COMMERCIAL PURPOSE. Any sale of a commodity or thing by a person. COMMISSIONER’S OFFICE. The Office of the Agricultural Commissioner and Sealer of Weights and Measures of the County of San Benito. COMMODITY. Any article of commerce or anything that is bought or sold. LOCATION. Any room, enclosure, building, vehicle, space or area at a single place on which a single business operates point-of-sale stations. PERSON. Any person, firm, corporation, business or association. SELL. Barter, exchange, trade, keep for sale, offer for sale or expose for sale in any of their variant forms.

(1966 Code, § 10-7.2) (Ord. 777, § 5(part))

(A) It is unlawful for a person to use a point-of-sale station for commercial purposes without first obtaining a scanner registration certificate in accordance with the provisions of this article. A separate certificate shall be required for each location. (B) Scanner registration certificates shall be issued upon written application on a form furnished by the Commissioner’s office and payment of fees and late penalties as set forth in § 9.01.029 of this article. (C) At each location, the applicable certificate shall be readily available to any official of the Commissioner’s office. (1) All certificates shall be valid for up to one year. Renewal of a certificate shall be made in a manner similar to the issuance of the original certificate. (2) Certificates shall not be transferable between persons or locations. (D) A registration certificate holder shall not lease, sublet, subcontract, or in any manner allow any other person or entity to engage in activities regulated under the certificate, except as an employee of the certificate holder. (1966 Code, § 10-7.3) (Ord. 777, § 5(part))

It is unlawful for any person or any employee or agent thereof to use point-of-sale stations without a current registration certificate. (1966 Code, § 10-7.4) (Ord. 777, § 5(part))

Penalties for failure to obtain a registration certificate, failure to have a current registration certificate or failure to make available a current registration certificate shall be imposed as follows. (A) Unless otherwise provided, any person violating any provisions of this article shall be guilty of an infraction or misdemeanor, as hereinafter specified in § 1.01.007 of the this code. (B) In addition to the above penalties, the court may order that the guilty party reimburse the county for all of its costs of investigating, analyzing and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon submission of proof of the costs by the county. (C) In addition to all other remedies provided by this article or state law, in the event of a continuing violation of the provisions of this article, the Commissioner’s office may seek injunctive relief to restrain further violation. (1966 Code, § 10-7.5) (Ord. 777, § 5(part))