Yolo County Municipal Code Art. 3 Automated Point of Sale Inspection Program

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

(a) ”Advertise” means a notice to attract public attention.

(b) "Commercial purpose" includes the selling of any commodity by a person to a consumer.

(c) "Commodity" means one or more products, merchandise, goods, articles of commerce, wares, materials, or any consumer items that are bought or sold.

(d) “Consumer” means a customer, purchaser, or buyer.

(e) "Department" means the Yolo County Department of Agriculture/Sealer of Weights and Measures.

(f) "Location" means a premise on which a single business operates one or more point of sale stations.

(g) "Person" means any person, firm, corporation, business or association.

(h) “Point of sale station” mean 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 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.

(i) “Scanner” means an automated system for retail commodity price charging.

(j) “Sell” includes barter, exchange, trade, keep for sale, offer for sale or expose for sale in any of their variant forms. (§ 2, Ord. 1300, eff. June 12, 2003)

Any location that utilizes a scanner in Yolo County, at a point of sale station, is subject to annual inspection and cost recovery as authorized by this Article. Nothing in this Article shall require an annual inspection if the Department does not have the resources necessary to complete such annual inspections. Nothing in this Article shall prohibit more frequent inspections and follow-up inspections if the Department deems such additional inspections to be necessary. Other than annual or follow up inspections for which the Board of Supervisors has set a fee, the Department, consistent with guidelines established by Board Resolution, may waive any additional inspection fees. (§ 2, Ord. 1300, eff. June 12, 2003)

For the purposes of defraying additional inspection costs incurred by the Department when a point of sale station used by a person fails an inspection, the Department may charge a follow-up inspection fee to the person upon return to verify that corrective actions have been taken and no additional violations are occurring. (§ 2, Ord. 1300, eff. June 12, 2003)

The inspection fee and follow-up inspection fee for any person utilizing a scanner shall be established, from time to time, by the Board of Supervisors by resolution, in accordance with the applicable law. (§ 2, Ord. 1300, eff. June 12, 2003)

Any inspection fee or follow-up inspection fee is due and payable upon receipt and if not paid within 60 days of receipt, there shall be added a late fee as follows:

(a) For any inspection fee or follow-up inspection fee paid within 30 days following the due date, there shall be added a penalty fee of $50.

(b) For any inspection or follow-up inspection fee paid more than 30 days after the due date, but within 90 days following the due date, there shall be added a penalty fee in the amount of the sum equal to 50% of the inspection fee or $100, whichever is greater.

(c) For any inspection fee or follow-up inspection fee paid more than 90 days following the due date, there shall be added a penalty fee in the amount of the sum equal to the inspection fee or $200, whichever is greater. (§ 2, Ord. 1300, eff. June 12, 2003)

(a) It shall be unlawful to charge, at the time of sale, a price that is more than the price that is advertised or posted.

(b) It shall be unlawful for any person, employee or agent thereof to:

(1) Fail to post the telephone number as specified in Section 3-10.308.

(2) Fail to submit to any reasonable inspection as required by Sections 3-10.302 and 3-10.303.

(3) Fail to pay any fee as required by Section 3-10.305. (§ 2, Ord. 1300, eff. June 12, 2003)

(a) Notwithstanding the provisions of Section 1-2.01 of the Yolo County Code or any other section of this Code, and with the exception of the fourth and subsequent violations of this Article within one year as provided in subsection (c)of this Section, the violation of any of the provisions of this Article is an infraction subject to the procedures set forth in Penal Code sections 19.6 and 19.7.

(b) Every violation of any provision of this Chapter constituting an infraction is punishable as follows:

(i) A fine not exceeding one hundred dollars ($100) and not less than fifty dollars ($50) for a first offense;

(ii) A fine not exceeding two hundred dollars ($200) and not less than one hundred dollars ($100) for a second offense;

(iii) A fine not exceeding five hundred dollars ($500) for a third violation of this Chapter within one year.

(c) The fourth and each subsequent violation of this Chapter within one year shall constitute a misdemeanor punishable by a fine not exceeding one thousand dollars ($1000) and not less than five hundred dollars ($500) or any other penalty imposed by a court, or both.

(d) Payment of any fine or other penalty imposed by a court shall not relieve a person from the responsibility of paying the inspection fee or follow-up inspection fee for a point of sale station audit.

(e) In addition to all other remedies provided by this Article or State law, in the event of continuing violation of the provisions of this Article, the Department may seek civil injunctive relief to restrain further violations.

(f) In lieu of the other remedies provided by this Article, the Department may pursue civil penalties pursuant to Section 12015.3 of the California Business and Professions Code or criminal prosecution pursuant to Section 12024.2 of the California Business and Professions Code, as those sections may be amended from time to time. (§ 2, Ord. 1300, eff. June 12, 2003)

In addition to the inspection fee requirements of this Article, every person who uses a point of sale station for commercial purposes shall post, at a location clearly visible to the general public, a notice which will be provided by the Department and which will contain at least the following information:

“Attention Consumer: You are entitled to the lowest advertised or posted price offered at this location. For information or complaints, you may call the Yolo County Agricultural Commissioner/Sealer of Weights and Measures at 530-666-8140.” (§ 2, Ord. 1300, eff. June 12, 2003)

Upon the completion of an inspection as provided for in this Article, the inspected location involved may request the Department to provide a notice of compliance that will be in a format suitable for posting and which will indicate that the location is in compliance with the provisions of this Article. Presentation of a notice of compliance by the Department is not intended to be, and shall not be construed as, an endorsement or recommendation of the location by the Department or the County. (§ 2, Ord. 1300, eff. June 12, 2003)