HomeMy WebLinkAbout38911
2
3
4
5
6
7
8
9
10
11
12
13
I~
15
16
17
I8
19
20
21
22
23
24
25
26
27
28
Ordinance No. 3891
AN ORDINANCE OF THS COUNTY OF BUTTE, STATE OF CALIFORNIA, AMENDING THS
BUTTE COUNTY CODE BY ADDING CHAPTER 4 S AND AMENDING SECTION 3 - 61, RELATING
TO THS REGISTRATION AND INSPECTION OF AUTOMATED POINT-OF-SALE STATIONS
(SCANNERS) AND LSTAB~,ISHING FEES THEREFOR
The Board of Supervisors of the County of Butte ordains as follows:
Section ].. Chapter 48 is added to the Butte County Code to read as
follows:
Chapter 48 Automated Point-of-Sa1e Stat10n8f (scanners)
Registration Certificate
Sections:.
48-1 Purpose and Authority.
48-2 Definitions.
48-3 Scanner Registration Certificate Requirements.
48-4 Duration and Transferability of Scanner Registration
Certificate.
48-5 Fees.
48-6 Violations.
48-7 Penalties.
48-1. PURPOSE AND AUTHORITY
a. It is unlawful to charge at the time of sale, a price
that is more than the price that is advertised or posted
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1$
i9
20
21
22
23
24
25
26
27
28
Pursuant to California Business and Frofessians Code sections
12103.5, 12024.2, and 12p24.6. The purpose of this Chapter is
to ensure that the advertised or posted price of a commodity
is the price actually charged for that commodity.
b. No person shall 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 prica.ng errors resulting from the
misplacement of merchandise by consumers.
c. This Chapter establishes a system to identify, register
and inspect point of sale stations in retail commodity sales.
d. Tn addition, this Chapter authorizes cast recovery for
testing and inspection of these point of sale stations,
penalties for failure to obtain a scanner registration
certificate or for late payment of scanner registration
certificate and failure to make available a current scanner
registration certificate.
48-2. DEFINITIONS
For the purpose of this Article, the following words and
phrases are defined and shall be constructed as having the
following meaning:
a. "Department" shah. mean the Agricultural Commissioner
of the County of Butte.
b. "Person" shall mean any person, firm, corporation,
business or association.
2
1
2
3
4
5
6
7
8
9
14
11
12
13
14
1S
16
17
18
19
20
21
22
23
24
25
26
27
28
c. "Sell" includes barter, exchange, trade, keep for sale,
offer for sale or expose for sale, barter, exchange, trade in
any manner, under any conditions.
d. "Automated Point of sale station" shall 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 Coda 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 a consumer.
e. °Location" shall meaza any room, enclosure, building,
vehicle, space ar area in any single place on which a single
business operates point of sale stations.
f. "Commercial Purpose" includes any sale of a commodity
or thing by a person.
g. "Commodity" shall mean any article of commerce or
anything that is bought or sold.
48--3. SCANNER REGISTRATION CERTIFICATE REQUIREMENTS
a. It shall be unlawful for a person to use an automated
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 Department and
3
I
2
3
4
5
6
7i
8~
9
10
II
I2
13
14
15
16
17
18
I9
24
21
22
23
24
25
26,
2'7
28
payment of fees and late penalties as set forth in Section 3-
61(p) of this Code. Fees must be paid before services are
provided or performed, se set forth in section 3-50 of this
Cade.
c. At each location, the applicable certificate sha11 be
readily available to any official of the Department.
48-4. DURATIONS AND TRANSFERABILITY OF SCANNER
REGISTRATION CERTIFICATE.
a. 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.
b. Certificates shall not be transferable between persons
or locations.
c. 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.
48-5. FEES
a. The scanner registration certificate fee for any
operating or utilizing a point of sale station sha11 be in an
amount as set forth in Section 3-61(p)(1) of this code.
b. Fees. The failure to renew a scanner registration
certificate prior to its expiration shall cause the imposition
of a delinquent fee in an amount as set forth in Section 3-
61(p) {2) of this code.
48-6. VIOLATIONS
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
It shall be unlawful far any person or an employee or agent
thereof to use point of sale stations without a valid, current
registration certificate.
48-7. PENALTIES
Penalties far 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 sha11 be guilty of an infraction or
misdemeanor as hereinafter specified.
b. 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)
far a first offense:
(2) guilty of an infraction offense and punished
by a fine not 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 ($500,00) or six
months in jail ar both.
c. Nat withstanding the above, a first or second offense may
be charged and prosecuted as a misdemeanor.
5
1
2
3
4
S
6
7
8
9
10'
11
12
13
14
15
16
17
1$
19
20
21
22'
23
24
25
26
27
28
d. 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.
e. In addition to the above penalties, the court may, as a
rehabilitative measure, order that the guilty party reimburse
the County for all of its out-of-pocket costs, if any, of
investigating, analyzing and prosecuting the enforcement action
against the guilty party. The court shall set the amount of
any such restitution ordered pursuant to this subsection upon
submission of proof of such costs by the County.
f. 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.
Section 2. Section 3-61 of the Butte County Code is amended to read
'as follows:
"3-61 Schedule of fees.
A fee shall be charged for each service as specified below:
{a} Agricultural pest control operator registration.
(1} Twenty-five dollars {$25.00} per year for maintenance
gardeners performing pest control.
{2} Fifty dollars ($50.00} per year for agricultural pest
control operators.
(3) There shall be no fee charged for registration of fee
exempt agricultural pest control operators.
b
1
2
3
4
5
b
7
S
9~
10
11
12
13
14
15
1G
17
18
19
24
21
22
23
24
25
26
27
28
(b) Agricultural pest control advisor's registration. Ten
dollars ($10.00) per year for pest control advisors who
register in person in the county and who have listed on
their license an address in the county or who choose this
as the county of occupational choice, as the case may be,
and five dollars ($5.00} per year for an advisor who is now
registering in an additional county.
(c) Agricultural pest control aircraft pilots registration.
Ten dollars ($10.00) per year for aircraft pilots who
register in person in this county and five dollars ($5.00)
per year for pest control aircraft pilots already
registered in another county who is now registering in an
additional county (as evidenced by possession of a pest
control aircraft pilot county registration application
imprinted by another county).
(d) Structural pest control operator notification. Ten
dollars ($10.00} per year for structural pest control
operator notifying the agricultural commissioner that they
intend to work in this county.
(e) Apiary inspection services.
(1} Interstate movement. Upon request of the owner or
shipper of an apiary or apiary appliance who requires a
certificate of apiary inspection in order to move such
apiary to another state, the county agricultural
commissioner shall make such inspections as may be
necessary to determine the facts required by the state of
destination of such apiary or apiary appliance. The fees
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
lb
17
18
19
20
21
22
23
24
25
26
27
28
for such inspections shall be as specified in subsection
(m} of this section.
(2) Certification of colony strength. Upon request of the
beekeeper or agricultural producer involved who requires a
certificate of colony strength for bees used in pollination
of agricultural crops, the commissioner may make such
inspections as are necessary to determine the facts
required. The fees for such inspections shall be as
specified in subsection {m} of this section.
{3} Issuance of certificate. After making the inspection
provided for in subsection (e}(1} or {e}{2} of this section
and upon receipt of the required fee, the commissioner
shall issue a certificate of apiary inspection stating the
facts determined.
(f) Plant shipment inspection for certification and/or
federal and state phytosanitary certificates shall be
charged at the following rate:
{1} Field inspection required by the receiving country,
state or county shall be charged as follows:
a. A thirty--two dollar and fifty cent ($32.50)
application inspection fee; and
b. An inspection rate of four dollars and fifty cents
($4.50} per acre per inspection.
{2) All phytosanitary certificates wi11 be charged a
service fee of thirty-five dollars ($35.00) for each
certificate issued.
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
{3) Fee exemptions: no fee shall be charged for one (1)
package {non-commercial) only, when the package is brought
to the agricultural commissioner's office for inspection.
(g) Fruit, nut and vegetable certification inspection;
inspection and certification authorized. Upon request by
owners, shippers, or other interested parties, the county
agricultural commissioner may make such inspections as may
be necessary to issue such certificates. The fees for such
inspection shall be as specified in subsection {m) of this
section.
{h} Certification of farmers` markets and certified
producers.
(1) Fifty dollars ($50.00) for issuing certified
producer's direct marketing certificate and fire dollars
($5.00) for replacement or modification of a valid
certificate.
{2) Fifty dollars ($50.00) for each certified farmers'
market direct marketing certificate.
(3) The fee for any additional inspection will be
calculated and charged in accordance with subsection (m) of
this section.
(i) Farm labor contractor registration. Fifty dollars
{$50.00) per year for farm labor contractors.
(j) lnvestigation and confirmation of destruction of
commodities required by research authorization. Far the
purpose of inspecting and confirming the destruction of
commodities as required in a research authorization, the
9
1
2
3
4
S
6 II
7
8
9
10'
11 I
12 I
13
14
15
16
17
18
19
2a
21
22
23
24
25
26
27
28
commissioner sha11 be paid actual costs incurred by the
person who has the research authorization, as specified in
subsection {m} of this section, but not to exceed sixty-
five dollars ($65.00} per inspection.
{k) Planning fees shall be charged as follows:
{1} Agricultural Waiver ministerial processing charge is
sixty-five dollars ($65.00) per application.
(2) Land Conservation Agreement inclusion charge is one
hundred dollars ($100.00}.
{3) Land Conservation Agreement cancellation or easement
exchange charge is three hundred one dollars ($301..00).
(.4) All planning applications that are referred to the
Agricultural Commissioner for review or when an individual
or business requests review by the Agricultural
Commissioner will be charged at an hourly rate of sixty-
five dollars {$65.00) per hour with a minimum of thirty-two
dollars and fifty cents ($32.50} for one-half hour. Any
additional or subsequent review of planning matters by the
Agricultural Commissioner sha11 also be charged at this
same rate.
(1) For other services or inspections not specified, for
which the Agricultural Commissioner enters into an
agreement or contract, the Agricultural Commissioner may
charged the hourly rate specified in subsection (m) of this
section for such services or inspections.
{m} Fees for inspections. For all inspections indicated in
this section for which there is nat otherwise established
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ',
19
20
21
22
23
24
25
26
27
28
a specific fee schedule, the fee charged shall be at the
weighted hourly charge of sixty-five dollars ($65.00) per
hour plus mileage based on the then current Internal.
Revenue Service mileage reimbursement rate.
In addition to the above, if an inspection and/or
certification is requested at times other than normal
working hours of the department, and personnel are
available to conduct such inspection and/or certification,
cost shall be at the rate of ninety-seven dollars and fifty
cents ($97.50) per hour plus mileage based on the then
current Internal Revenue Service mileage reimbursement
rate.
{n) Non-domestic animal damage control fees.
{1} The fee for the placement of a trap to capture skunk,
possum or raccoon or other non-domestic animal that is
causing damage to urban property where the property owner
or tenant requests service for two (2) weeks or Less, shall
be fifteen dollars ($15.00).
{2) The fee for each servicing of a trap to remove non-
domestic animals on urban property shall be ten dollars
(3} The fee for each removal of non-domestic animals fram
non-ADC (animal damage control) program traps, assessment
of non-domestic animal damage, and recommendation for
remediation where implementation may be performed by
another party, shall be fifteen dollars ($15.00).
11
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19'
20
21
22
23
24
25
2b
27
28
(4) The fee for the control of depredating animals on
nonresidential property such as ranch or farm property for
the protection of livestock and other animal control
services where the property operator requests service for
eight (8) weeks or more shall be one hundred dollars
($laa.oo).
(5} The fee for services provided in subsection (n)(4) of
this section, for nonresidential property for an interval
of two (2} weeks or less shall be twenty-five dollars
($25.00}. The property owner may request services for
additional two (2) week intervals at twenty-five dollars
($25.00) per interval up to a maximum total charge of one
hundred dollars ($100.00) per calendar year.
(o) Fees for miscellaneous services. The Agricultural
Commissioner shall charge the following fees for
miscellaneous services provided upon request (e.g.
abatement of weeds and pests, certification or organic
crops, data research):
(1) Licensed staff $65.00 per hour
(2) Non-licensed staff 32.50 per hour
(3} Materials and equipment county must rent
ar buy to perform the service Actual cost
(4) Mileage Current mileage
reimbursement rate set by the IRS
(p) Scanner registration certificate fees.
12
1
2
3
4'
5
6
7
8
9
10
11
12
13
14
i5 I
16
17
18~''
19
20
21
22
23
24
25
26
27
2S
{1) The scanner registration. certificate fee for any
operating or utilizing a point of sale station shall be
eighty-seven dollars ($87.00), per business location.
(2) The failure to renew a scanner registration
certificate prior to its expiration shall cause the
imposition of a delinquent fee in the amount of fifty
dollars ($50.00} per business location."
Section. 3. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstances is for any reason
~he3.d to be invalid by a court of Competent jurisdiction, such
provision shall be deemed severable, and the invalidity thereof sha11
not affect the remaining provisions or other applications of the
Ordinance which Can be given effect without the invalid provision or
~appliCation thereof.
Section 4. Effective Date and Publication. This Ordinance shall take
effect thirty (30) days after the date of its passage. The Clerk of
the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen (15) days after its
passage. This Ordinance shall be published once, with the names of the
{members of the Board of Supervisors voting for and against it, in the
Chico Enterprise Record, a newspaper of general. circulation published in
the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 14th day of December 2004, by the
(following vote:
i3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
Ib
17
18
19
20
21
22 ;
23
24
25
26
27
2$
AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
NOES : None
ABSENT: None
NOT VOTING : None
R.J. BEELER, Chair of the
Butte County Board of Supervisors
ATTEST:
PAUL McINTOSH,
Chief Adanix3.istrative Officer
and Clerk ~of t Board
c:\DOC ente and Settings mreeves.BCY\4,oca1 Settings\Temporary Internet Files\OLIC22\48 Scanner pxovisivns. wpd
14