Ventura County Municipal Code Art. 9.5 Consumer Protection Business Permit

The purpose of this Article is to establish, pursuant to California Business and Professions Code section 12103.5 and California Code of Regulations, title 4, section 4500 et seq., permitting requirements to identify, monitor and impose criminal penalties on those persons commercially engaged in the packaging of commodities in advance of sale and those persons utilizing for commercial purposes automated systems for retail commodity pricing referred to as "Scanners."

(Add. Ord. 4287—6/17/03; Add. Ord. 4305—6/22/04; Am. Ord. 4345—6/13/06; Am. Ord. 4385—6/10/08; Ord. No. 4594, § I, 1-25-2022)

For the purposes of this Article, the following words and phrases are defined and shall be construed as having the following meaning:

(a) "Sealer" shall mean the Sealer of Weights and Measures of the County of Ventura.

(b) "Person" shall mean any person, firm, corporation, business or association.

(c) "Sell" includes barter, exchange, trade, keep for sale, offer for sale or expose for sale in any of their variant forms.

(d) "Packer" shall mean any person engaged in wrapping or packaging of a commodity within Ventura County 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.

(e) "Scanner" shall mean any automated electronic system which determines, by means of coded information, the price of an item.

(f) "Location" shall mean any room, enclosure, building, vehicle, space or area at a single place.

(g) "Commercial purpose" includes any sale of a commodity or thing by a person.

(Add. Ord. 4287—6/17/03; Add. Ord. 4305—6/22/04; Am. Ord. 4345—6/13/06; Am. Ord. 4385—6/10/08; Ord. No. 4594, § I, 1-25-2022)

(a) It shall be unlawful for any packer to sell any commodity or thing or for a person to use a scanner for commercial purposes without first obtaining a permit in accordance with the provisions of this Article. A separate permit shall be required for each location.

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

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

(Add. Ord. 4287—6/17/03; Add. Ord. 4305—6/22/04; Am. Ord. 4345—6/13/06; Am. Ord. 4385—6/10/08; Ord. No. 4594, § I, 1-25-2022)

(a) All permits shall be valid for up to one (1) year. Renewal of a permit shall be made in a manner similar to the issuance of the original permit.

(b) Permits shall not be transferable between person 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.

(Add. Ord. 4287—6/17/03; Add. Ord. 4305—6/22/04; Am. Ord. 4345—6/13/06; Am. Ord. 4385—6/10/08; Ord. No. 4594, § I, 1-25-2022)

(a) The permit fee for any person operating as a packer or utilizing a scanner shall be determined by resolution of the Board of Supervisors.

(b) A reinspection fee authorized by California Business and Professions Code section 13350 shall be billed at the contract hourly rate for one (1) inspector.

(Add. Ord. 4287—6/17/03; Add. Ord. 4305—6/22/04; Am. Ord. 4345—6/13/06; Am. Ord. 4385—6/10/08; Ord. No. 4594, § I, 1-25-2022)

It shall be unlawful for any person or any permittee, employee or agent thereof to pack or use scanners without a current permit.

(Add. Ord. 4287—6/17/03; Add. Ord. 4305—6/22/04; Am. Ord. 4345—6/13/06; Am. Ord. 4385—6/10/08; Ord. No. 4594, § I, 1-25-2022)

(a) Unless otherwise provided, any person violating any provision of this Article 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 one hundred dollars ($100.00) and not less than fifty dollars ($50.00) for a first offense;

(2) Guilty of an infraction offense and punished by a fine to exceeding two hundred dollars ($200.00) and not less than one hundred dollars ($100.00) for a second offense;

(3) Guilty of a misdemeanor for the third and any additional offenses and punished by a fine not exceeding one thousand dollars ($1,000.00) and not less than five hundred dollars ($500.00) or six (6) 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 premises, 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 the Article or State Law, in the event of continuing violation of the provisions of this Article, the Sealer may seek injunctive relief to restrain further violation.

(h) A delinquent fee equal to the contract hourly rate for one (1) inspector hour shall be assessed if the registration fee is not paid within thirty (30) days after it is due.

(Add. Ord. 4287—6/17/03; Add. Ord. 4305—6/22/04; Am. Ord. 4345—6/13/06; Am. Ord. 4385—6/10/08; Ord. No. 4594, § I, 1-25-2022)