§ 20-10. Regulating of retail businesses using optical scanner.  


Latest version.
  • (a)

    Definitions. The following words and phrases shall have the following meanings:

    Optical Scanner: Any device capable of reading the Universal Products Code or any other instrument or device capable of decoding the price of retail merchandise where such price is not numerically marked or stated on the merchandise.

    (b)

    Numerical Prices Required. Businesses involved in retail sales within Broward County equipped with an optical scanner shall have marked or affixed to each item of the consumer merchandise on which appears a Universal Products Code symbol or other encoded marking readable by optical scanner, the numerical price of said item.

    (c)

    Exceptions. The provisions of subsection (b) shall not apply to any of the following:

    (1)

    Any unpackaged fresh food produce;

    (2)

    Any consumer commodity under three (3) cubic inches in size and weighing less than three (3) ounces and priced for less than fifty cents ($0.50);

    (3)

    Identical items within a multi-item package;

    (4)

    Items sold through a vending machine;

    (5)

    Packages of cigarettes or individually packaged cigars;

    (6)

    Greeting cards sold individually and bearing a readable price on the back of each card;

    (7)

    Any magazine or book on which appears a numerical price imprinted on the cover at the time of publication; and

    (8)

    All sellers who:

    a.

    Have the price of the item displayed for sale conspicuously placed immediately adjacent the item stating the price in numerals at least three-quarters of an inch in height, the product name, unit size, weight or volume in easy-to-read type; and

    b.

    Provide individual customer receipts identifying each product sold by brand name, unit size, weight or volume and price; and

    c.

    Adopt and maintain a written policy that the price charged to customers for each unpriced consumer commodity scanned at checkout will not be greater than that stated on the applicable price label, and to include within the policy a mechanism for handling any overcharge, such policy to be conspicuously displayed at each checkout counter and at each entranceway.

    (d)

    Disparate Pricing Unlawful. It shall be unlawful in any retail business establishment in which an optical scanner is in use for any optical scanner price code which is placed on an item of consumer merchandise offered for sale to be coded at a price higher than a numerical price as provided for in subsection (b) placed on the item or higher than a signed price as provided for in subsection (c)(8) applicable to the item.

    (e)

    Penalty. The violation of any provision of this section shall be punishable as provided by law.

(Ord. No. 81-10, §§ 1—4, 2-19-81; Ord. No. 81-60, §§ 1—4, 6-18-81; Ord. No. 85-13, § 1, 3-12-85)

Editor's note

Ord. No. 81-10, §§ 1—4, adopted Feb. 19, 1981, amended this Code by the addition of material designated by the editor as § 20-10.