Title
Agriculture, Weights & Measures Department recommending the Board:
1) Pursuant to Board Policy A-3, “Ordinances - New or Amended,” conceptually approve the establishment of a new ordinance - “Point-of-Sale” to identify, inspect, and register automated point-of -sale devices used for commercial purposes; and
2) Direct staff to return to the Board for approval of associated fees.
FUNDING: Applicant Fees.
Body
DISCUSSION / BACKGROUND
The Department of Agriculture, Weights and Measures is proposing to establish consumer protection ordinance that would authorize the department to identify, inspect, and register automated point-of-sale equipment, commonly called “scanners” and to monitor transactions that occur over such devices.
Under Business and Professions Code section 12024.2, it is unlawful to compute at the time the time of sale of a commodity a value that its not a true extension of a price per unit or to charge a value that is more than the price that is advertised, posted or quoted.
This ordinance will provide a regulatory program for the County Sealer of Weights and Measures to register and inspect point of sale devices. When these systems are inaccurate, consumers may be overcharged and unaware that they have paid more than the advertised price. A business may also lose revenue due to undercharges to the consumer.
The department will return to the Board for approval of fees to cover the inspection activities associated with the program.
Through the County budget development for FY 2025-26, and Board direction for cost recovery strategies, a fee will be proposed to help meet the cost recovery goal of these inspection activities.
Authority for the proposed actions is in Business and Professions Code 12103.5
ALTERNATIVES
The Board could choose not to approve the development of an ordinance for consumer protection.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
N/A
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no direct fiscal impact associated with the approval in concept to proceed in developing the ordinance. Fees will be proposed to cover the inspection activities associated with the program.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
N/A
CONTACT
LeeAnne Mila
Sealer of Weights and Measures