San Bernardino County Municipal Code Ch. 22 Consumer Protection Business Permit

The purpose of this Chapter is to establish, pursuant to Business and Professions Code §§ 12103.5, 12210, 12211 and 12240, permitting requirements to identify, monitor and impose criminal penalties on those persons that are:

(a) Commercially engaged in the packaging of commodities in advance of sale;

(b) Utilizing for commercial purposes automated systems for retail commodity pricing referred to as “scanners”; and/or

(c) Utilizing for commercial purposes weighing and measuring devices to determine the charge for commodities at the time of sale.

(Ord. 3669, passed - -1996; Am. Ord. 3984, passed - -2006)

For the purposes of this Chapter, the following words and phrases are defined and shall be construed as having the following meaning. Terms not defined herein shall be given their meaning by the California Business and Professions Code or by common usage.

COMMERCIAL PURPOSE. Includes any sale of a commodity or thing by a person.

DEPARTMENT. The Department of Agriculture/Weights and Measures of the County of San Bernardino.

LOCATION. Any room, enclosure, building, vehicle, space or area at a single place.

PACKER. Any person engaged in wrapping or packaging of a commodity 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.

PERSON. Any person, firm, corporation, business or association.

SCANNER. Any automated electronic system which determines, by means of coded information, the price of an item.

SELL. Includes barter, exchange, trade, keep for sale, offer for sale or expose for sale in any of their variant forms.

(Ord. 3669, passed - -1996; Am. Ord. 3984, passed - -2006)

(a) It shall be unlawful for any person to engage in any business subject to § 41.2201 of this Chapter without first obtaining a permit in accordance with the provisions of this Chapter. A separate permit shall be required for each location.

(b) Permits shall be issued upon written application on a form furnished by the Department and payment of fees by the applicant.

(c) Packers of less than 10,000 packages per year shall be exempt from permit requirements.

(Am. Ord. 3984, passed - -2006)

(a) All permits shall be valid for up to one year and expire on June 30 of each year. Renewal of a permit shall be made in a manner similar to the issuance of the original permit or by notice of renewal from the Department.

(b) Permits shall not be transferable between persons or locations.

(c) Permittees shall not lease, sublet, subcontract, or in any manner allow any other person or entity to engage in activities regulated under the permit, except as an employee of the permittee.

(Ord. 3669, passed - -1996; Am. Ord. 3984, passed - -2006)

At each location, the applicable permit shall be posted in a conspicuous place in or on the premises in respect to which it is issued and shall be exhibited to any official of the Department.

(Ord. 3669, passed - -1996)

The permit fee shall be as established by Chapter 2 of Division 6 of Title 1 of the San Bernardino County Code.

(Ord. 3669, passed - -1996; Am. Ord. 3984, passed - -2006)

It shall be unlawful for any person or any permittee, employee or agent subject to § 41.2201 of this Chapter to do any of the following:

(a) Engage in any business subject to § 41.2201 of this Chapter without a current permit.

(b) Fail to post the permit as required.

(c) Fail to comply with the provisions of the Business and Professions Code Division V or Code of Regulations Division 9 of Title 4.

(Ord. 3669, passed - -1996; Am. Ord. 3984, passed - -2006)

(a) The permit of any person found in violation of any provisions of Business and Professions Code Division V or of § 41.2207 of this Chapter more than three times in a 12-month period shall be suspended until restored pursuant to § 41.2210 of this Chapter.

(b) The permit of any person found in violation of the provisions of Business and Professions Code Division V or § 41.2207 of this Chapter within six months of having said permit restored pursuant to § 41.2210, shall be revoked.

(Ord. 3669, passed - -1996)

Upon the occurrence of any grounds for the suspension or revocation of a permit, the Agricultural Commissioner/Sealer may suspend or revoke the permit. Notice of this action to suspend or revoke a permit shall be served upon the permittee either by personal service or by registered mail to the address listed on the permit. The permittee may, within ten days after the service or receipt of the notice, demand a hearing as to why the permit should not be continued in full force and effect. The hearing shall be before the Agricultural Commissioner/Sealer or his or her designee and be conducted according to the procedures for other administrative hearings set forth in Business and Professions Code § 12015.3.

(Ord. 3669, passed - -1996)

A suspended or revoked permit shall be restored or reissued when the permittee has corrected all violations and is in full compliance with Business and Professions Code Division V and with § 41.2207 of this Chapter.

(Ord. 3669, passed - -1996)

(a) Unless otherwise provided, any person violating any provision of this Chapter shall be guilty of an infraction or misdemeanor as hereinafter specified.

(b) Each day or portion thereof such violation is in existence shall be a new and separate offense.

(c) Any person so convicted shall be:

(1) Guilty of an infraction offense and punished by a fine not exceeding $100.00 and not less than $50.00 for a first offense;

(2) Guilty of an infraction offense and punished by a fine not exceeding $200.00 and not less than $100.00 for a second offense; or

(3) Guilty of a misdemeanor for the third and any additional offenses and punished by a fine not exceeding $1,000.00 and not less than $500.00 or six months in jail, or both.

(d) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor.

(e) Payment of any fine or service of a jail sentence shall not relieve a person from the responsibility of correcting the condition resulting from the violation.

(f) 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 such costs by the County.

(g) 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 violation.

(h) In lieu of criminal prosecution, the Department may impose a civil penalty pursuant to the provisions of Business and Professions Code § 12015.3.

(1) The civil penalty for failing to obtain a permit as required under this Chapter shall be $100.00 for a first offense;

(2) For subsequent or continued violation for failing to obtain a permit as required under this Chapter, the civil penalty shall be increased in increments of $100.00, up to a maximum of $500.00.

(Ord. 3669, passed - -1996; Am. Ord. 3984, passed - -2006)