§ 542-9. Waiver of requirements; fees.

A. 

Every retail store which uses a computer-assisted checkout system and which would otherwise be required to item price as provided in § 542-2 of this article may make an application, in writing, to the Director for a waiver of said item pricing requirement. A separate application shall be required for each store. Each application shall be subject to a nonrefundable waiver fee based upon the gross square footage of each store as set according to the following schedule:

	Gross Store Size (square feet)	Waiver Fee
	Under 3,000	$500
	Between 3,001 and 10,000	$1,000
	Between 10,001 and 30,000	$3,000
	Between 30,001 and 90,000	$5,000
	Over 90,000	$15,000

B. 

Upon receipt of an application and fee as provided in Subsection A of this section, the Director shall cause to be conducted a scanner accuracy inspection of the store for which the application has been submitted. This inspection shall be in the manner prescribed by the Director. At stores with a gross size in excess of 10,000 square feet, a minimum of 100 stock-keeping units shall be checked at inspection. At stores with a gross size of 10,000 square feet or less, a minimum of 50 stock-keeping units shall be checked. If the number of stock-keeping units found to be in violation does not exceed 2% of all those stock-keeping units inspected, the Director shall grant to the applicant a one-year revocable waiver from the item pricing requirement. Any store with a current waiver shall be exempt from the requirements of § 542-2 of this Code.

C. 

In the event that total violations in excess of 2% are discovered in the inspection process, the Director shall not grant a waiver to the applicant. Such a store may, within five business days of being notified of the failure, request a second inspection. If the number of stock-keeping units found to be in violation during this second inspection does not exceed 2% of those stock-keeping units inspected, the Director shall grant to the applicant a one-year revocable waiver for the item pricing requirement.

D. 

Stores which fail the scanner accuracy inspection(s) must be in compliance with the requirements of this article within 30 days from the final date of failure. These stores may reapply for a waiver from item pricing requirements in accordance with Subsection A of this section.

E. 

Waivers from item pricing shall be valid for a period of one year from the date of issuance, except as set forth in Subsection F of this section, and shall expire on the last day of the 12th month of such issuance. Stores must reapply annually for renewal at the rates established in Subsection A of this section. The waiver fee and inspection shall be required for each annual renewal application, as required for an original waiver application.

F. 

In the event that the Director is unable to conduct an inspection pursuant to Subsection B of this section within 90 days of receipt of a complete waiver application and proper waiver fee, the Director shall grant a temporary waiver pending completion of the inspection. The Director shall cause said inspection to be completed as soon as practicable. If, upon completion, the inspection detects a violation rate of less than 2%, the Director shall issue a regular waiver with an expiration date of one year from the date of the temporary waiver. If the inspection detects a violation rate in excess of 2%, the temporary waiver shall be immediately revoked and the provisions of Subsection D shall apply.

G. 

As a condition of the waiver from item pricing pursuant to this section, each store which accepts a waiver must agree to meet the following requirements, and no regular or temporary waiver shall be granted to a store which has not agreed to these requirements in writing:

(1) 

The store shall designate and make available price check scanners to enable consumers to confirm the price of stock-keeping items. These price check scanners shall be in locations convenient to consumers with signs of sufficient sized lettering to identify the units to the consumers. Stores will submit their proposed sign and device locations to the Director for approval; and

(2) 

The store shall not charge any customer a price for any stock-keeping items which exceeds the item, shelf, sale, or advertised price, whichever is less; and

(3) 

The store shall make prompt payment to consumers who have been overcharged and shall correct all pricing errors identified by consumers.

H. 

The Director may revoke a waiver from item pricing for any of the following reasons:

(1) 

Failure to comply with any provisions of this article.

(2) 

Deliberate overcharging of any consumer.

(3) 

Material misrepresentation in the application for a waiver.

Added 8-5-2008 by L.L. No. 37-2008