digest. >> okay. can you give me more definition on what a neighborhood or community business use area would be this is. >> sure so if you look at the long form the legislation you'll see about three or four pages of crossed out language that dated back to 1982 that controlled the mechanic devices based on square footage you can't i mentioned it you can't have one 15 feet within an arrest warrant cascade 3 pages that was infected we trial court tried to delete all the obsolete portions and so what you'll see in our version of the legislation i can't have an arrest warrant cascade in a residential area with some car vouches for churches on their property by the long and short

we deleted the vast majority of the locations infected in 1982. >> any other questions. >> i've got to tell you i support this i know in my neighborhood there's a bar that's going with or cascade games they've spoken with our merchant group and everybody is excited to have 80 and pack man games? neighborhood we're excited in upper market for that. >> i was going to ask commissioner president adams in you're in the upper market and supervisor wiener is a co-sponsor of the legislation. >> and we're all like waiting for this place to get open it take care of an open space. >> good for you. >> anything to clean up the old

police code and any other commissioner comments before we take public comment. >> any public comment on item 4? seeing none, public comment is closed. commissioner do we have a motion? >> i move to support. >> second. >> roll call. >> all right. and commissioner president adams. commissioner dooley. commissioner dwight. commissioner ortiz-cartagena. commissioner riley. supervisor paul. and commissioner white is absent. >> great, thank you thank you, commissioners. >> next item, please. >> item number 5 is the

presentation on the department of health point of sales dies ordinance number 195 or chapter one 15 of the administrative active code we have commissioner from the public health department providing you with a presentation. this is oh, >> this is discussion only right. >> this is discussion only no action item and just for your information commissioner in our packets are we have provided number commissioner has provided the inspections that have taking place a look at the counties state and local fees local

forums in case you want to look at that and in 2007 a letter for the particular legislation i do have information that the commissioner monoroadway was provided for the local issuance i'm going to distributto distri. this is the regulations what they are and the state regulation >> how the local municipality enforces. >> thank you for coming. >> you're welcome i'm glad to

be here. >> i'm going to go through a brief summary of how we implemented those programs. the whys and where weer at this point in time. i provided in our back up a lot of well, a certain amount of data maybe you want me to terminator it and why those figures are what they are on the expertise and revenue side and the register portion. in 2005 the reiskin was adapted and large county implemented a point of sale register program san francisco did not. in 2007 the department of food

and agricultural conducted a survey in san francisco and that's the letter that's dated october 24, '07 and many the first page of the letter you'll see where san francisco county 67 stores were in compliance and 80 percent so san francisco was above compliance. so the commissioner scott paling son departed in april of 08 i came on board in october of 08 and considered what we would do about the point of sale there was a trespassed to adapt the

point of sale san diego and fresno and los angeles all the coast counties we preceded to propose and adapt the regulation in jill of 2010. if you go back to the recent survey you'll see your fees are the least expensive. and we are the highest for those large stores retail outlets with the cap of $773 at the time, it was adapted the logic was that the small stores shouldn't have to pay as much as

the larger stores as you can see the only county that doesn't have to data standard of ordinance is marlene county. i'm going to go directly to the inspectors program and what the right side are. first i'll go to the revenues. we adapted the fee in july of 2010 that's not reasonable to send out invoices to my businesses in the last half the year so we decided to wait until january of 2011 this is a our

first invoices. there wasn't a list of businesses in san francisco that maintained and operated a point of sale. so we knew there were some registered locations businesses that had scanners we we used the scales from our dies from our gas petroleums to begin the process of identifying the businesses with point of sale stations we sent out 2 thousand invoices in 2011. and we got a subsequential number of them we sent out a letter in multiple languages to

try to explain what we were doing. that was we know there are more than 2 thousand so the following year if you go to the mid of that page you'll see that we decided to go to the sf data po s 5 hundred and 54 thousand businesses that's unreasonable that's the entire we can't do that so we ended up encouraging as many as we could we ended up in 2012 sending out well - let me back up in 2012, we sent out over 2 thousand invoices and then we obtained an sf data

source there was that was unreasonable to building we had 5 hundred and 54 thousand. i put everybody that i had on cleaning up the list. and that will be reflected and you'll see how much more we spent in 2012. so in 13 we sent out 15 thousand plus invoices we got over half of them back. it was boxes and boxes of them that were being returned to us and our phone lines were jammed. it wasn't going to take any more messages we cleaned up that list and it requires manual entry and it requires my staff time who have walked the streets of san francisco and driven the streets

of san francisco just from their experience trying to figure out when a who thinks to delete and which ones to call. in 2014 we got it down to 3 thousand one hundred and 52 invoices. and that includes everybody small businesses and large retail outlets. to date we've got less than 2 thousand let me explain. my instructions to the staff were you'll go out and you'll go out with this list and you'll inspector those businesses and if they interest have a po s they'll get a refund they'll have to apply but if they're not

registered we'll delete them from the database that's how we're down to 2 thousand businesses from a corrupted file at the tax collectors that was bizarre. that's where we're at right now. you'll see the 39 percent of the businesses have one po s and two to three have more than that. so, now i go to the part where how much have we spent >> how much have we received. i'm not sure how many of you have experience hiring through the city but this was a new program and i have are a person to conspiracy and do the inspections i had all my staff.

so we spent about 95 thousand 2 hundred plus up front on staff that was like half of a person and hiring of another half of year we brought in $68,000 and in 2012, we haven't hired everyone but we spent 93 61 but got in 76 and identified the locations is with po s we've spent 4 hundred and 59 thousand now, it's stabilizing we have 4 hundred almost $400,000 in expenditures in 326 a that's what we brought in so we're

still operating if you take it all in the last four years we're still 2 hundred and 5 thousand dollars in the red that's the general fund contributions >> so what have we done the first year 2012 we inspected 3 hundred plus locations and the evidence only 56 of them. because not all 3 hundred have po s we eliminated some of them and we found of the 56, 24 had over charges and in 2013 we inspected 21 locates and only tested 1579 i leementsd 6 hundred locations because they didn't have po s and had 67

percent over charges. so in 2013-2014 this is all fiscal year july one through june 30th we inspected 5143 locations only a few kwflgd almost 4 thousand we eliminated off the database they don't have to register and one hundred plus were over charging it's and it's 10 percent plus we issued notices of violations. that's a brief summary there's a lot more technical information if you have more questions but i know that regina sent me a list of questions you might have i

can answer those for i. i don't know if you have the list in front of you i can address >> well, let's take the commissioners questions commissioner white. >> just to refresher my memory is the city and county of san francisco required to do the information. >> we're required to enforce the laws and one of the laws the most recent one that regina passed out in responding no one can charge more than the price. >> we can take the approach we're going to respond to complaints rather than have a preempt enforcement it makes it illegal to overcharge but not illegal to do the testing; is

that correct. >> the statute allows the board of supervisors to allow the adaptation of fees, however, i have to - >> this was so then backing up we the bvrz did, in fact, dick your department to go out and do the preempt. >> to get - >> to get back off would require the board of supervisors to have a new perspective initiative to say we're not going to do preempt testing we'll go out with the complaints and we'll go out and respond to those complaints that's the practical thing we're going to get into why this is completely impracticality in the new age because the term po s device has

changed. and the original reason for this was because supermarkets there's a multitude of prauts products did i really get charged the right price for this stuff my history of scanners both that it was labor saving device that the labor objected but now all of a sudden the contribution was happening and you just charged me over and you didn't figured out until you got home. so do a blanket and try to go out and first of all, put the financial burden on small businesses that are in cases

charging for a single. item and oh, i'm paying $99 for this shirt or blouse and everyone is aware there's only one or two items but no opportunity for miss charging. i think there are large volume transactions where there's a possibility continuously or uncontinuously for pricing to be out of sync with the advertised prices we can look at those but you've shown this is a losing proposition it's costing more to do what little you're doing with the little staff then getting the revenue for and to scale that that would be outrageous so a waste of time and money we've

got a bunch of other questions it's clear to me that we got this is another case where this is legislation that the completely outdated at this point i frankly ill advertised. i'd like to point out consequentially this morning on the issue which of one person to person transaction i've received a complaint many morning on the database. a bag i will shop sally summary labeled it 259 the person was charged 279 and the person said why are you charging me 26 more and he said that's what the computer said and he said, "well, it's 279 in the computer

he refused to refund the money. a complaint was sent and the inspector sent r visited the proprietary and the proprietor took the sign down and contacted the person and refunded the money >> great - >> in light not really large stores like safeway it's across the board. >> that's fine i think that $0.20 is i think that we need to deal with the complaints $0.20 does not in my way validate starting up the city to cost the city potentially million dollars dollars and create an exception of special circumstances all the

devices in the world it's noted scare device but a phone can scan my bar code and look at that information on a database there ever cell becomes a potential po s so when people are out in the field are the for purposes rep a device so a it's completely impractical to father i am regulating, and, secondly, if i have to register and pay for those you can shut down all the fairs in san francisco no one is going to do it your fair in, you know, in north beach you do it forgot about it the cost of a booth authorizing our square disses it's absorb so we

need to figure out how to find a supervisor to sponsor legislation to eliminate this that's my take. >> i have those on my phone. >> yeah. you owe him 89 dollars. >> i understand that the 20 cents may not be appear to be significant. however, the 20 cents or the 299 or whatever it is is not permissible to be able to charge anyone >> correct we need to figure out another way to enforce the law without awaited pencil lou gehrig's disease every business in san francisco and assuming that everyone has got this problem and assuming that, you know, you could have we could have sent out a notification or

e-mailed did proprietor i'm going out to the bag i will shop for the $0.20 it's going to cost you 50 bucks or next time $100 you can figure out it isn't about dispatching a lot of people to chase down $0.20 there could have been 50 people in line and the clerk may not not been able to look at this i don't want to get into the argument of the $0.20 today but clearly this is going to result in a lot of problems. we're going to find out someone

to roll this and figure out this so your life is not miserable with you shouldn't be hooifg people to do that >> commissioner ortiz-cartagena. i have two questions that commissioner dwight spoke about you said eliminated business from a number of locations inspected or tested you mean eliminate because they don't exist or meet the po s >> in other words, they sent in an application and listed the p association s and we didn't find a po s you don't have to pay us any money you don't qualify for the program. >> there were businesses that were xevend the application process. >> right so we told them. >> you don't need to pay register fees.

>> okay. my second questions any co- commissioner spoke packly is there any correlation to the percentage or what the number of over charges you have to have one hundred and 77 fiscal year jr. 2013-2014 but what does that equate to as cash. >> you median money wise. >> yeah. one hundred and 77 times $0.20 and the closest i can help you there is only the october 24th letter where s it talks about the value of the retail sales effected if you can go to the second page of that letter it talks about the potential savings is

$3.57 million. and in sorry in 2009 division conducted another survey and i probably should have sent you this one but i can read it to you but it's like so much information >> just a quick number we don't - just a quick estimate. >> an aggregate over charge i'm reading the certain result that 210 thousand plus items were purchased 3 percent were over

charged and it was 0.4 percentage of the 9 hundred plus stores effected 19 had no over charges and based on only the correct prices 98 stores had over charges of less than 2 percent and 2324 stores are over charged of two to four percent and 45 stores had over charges of 4 percent of the total. this survey the buyers were charged one hundred and 43 dollars less than the correct total when over charges and under charges were included. and then it goes further on to say table results the manuel

scanned bar codes counties with ordinances should not during the survey 25.47 percent of the shopped locations were recorded to be using non-awkward direct price entries. the non awkward locations were somewhat below the locations of using the automatic. the survey determined both counties with price version po s programs had an error rate of less than those who don't have the po s programs i'll send that to you for your documentation it's part of my presentation