Butte County Municipal Code Ch. 23C Registration Requirements for Commercial Weighing and Measuring Instruments

The title of this chapter shall be known as "Registration Requirements for Commercial Weighing and Measuring Instruments."

(Ord. No. 2484, § 1, 9-17-85)

The purpose of this chapter is to establish a system for the registration of weighing and measuring instruments for the recovery of costs incurred from the inspecting and testing of such instruments, as established in California Business and Professional Code sections 12210 and 12240 et seq.

(Ord. No. 2484, § 1, 9-17-85)

For the purpose of this chapter, the following terms and phrases shall be defined as set out below.

(a) Weighing and measuring instruments shall include the following devices, and all other devices classified by the state director of food and agriculture as coming within section 12241 of the Business and Professions Code.

(1) Electric meters—up to 200 AMP maximum capacity.*

(2) All cord/wire and fabric meters.

(3) Liquid meters—up to 30 GPM maximum capacity.

(4) Liquefied petroleum gas meters—stationary LPG dispensers only—60 GPM maximum capacity.

(5) Taximeters.

(6) Vapor meters—up to 450 CFH maximum capacity.*

(7) Water meters—up to 30 GPM maximum capacity.

(8) Computing scales/POS systems/counter sales.

*Each house or mobilehome is considered to be one (1) location, except in a mobile home park or apartment complex where the park or complex is considered one (1) location.

(9) Monorail and meat beam scales—up to and including one thousand (1,000) lbs.

(10) Platform scales—up to and including one thousand (1,000) lbs.

(11) Jewelers', prescription and precious metal scales.

(12) Hanging scales—up to and including one thousand (1,000) lbs.

(13) Odometers.

(b) "Commercial purposes" shall have the meaning assigned to it by section 12500(e) of the Business and Professions Code.

(c) "County sealer" shall mean the sealer or Director of Weights and Measures appointed by the county board of supervisors and his or her duly authorized agents.

(d) "Location" means the room, enclosure, building, space or area where one (1) or more weighing and measuring instruments are located or operated.

(Ord. No. 2484, § 1, 9-17-85; Ord. No. 3880, § 13, 6-22-2004)

No person shall use any weighing or measuring instrument for commercial purposes without having a current annual registration certificate for such instrument. The certificate shall be in addition to any other certificate, license or permit which may be required by the county or any other governmental entity. In the case of LP-gas vapor meters, a certificate shall be issued based on an annual count of an LP-gas dealer's meters located in the county, and if changes in the number of meters occur during the year, no additional certificate(s) shall be required.

(a) Application: An application for a registration certificate must be submitted to the county sealer in the form prescribed by him. The county sealer shall, upon receipt of a completed application and the payment of the applicable fee described herein, issue a current registration certificate. Each certificate of registration for which the application fee has been paid shall be valid for twelve (12) months from the date of issuance.

(b) Issuance to corporation. A registration certificate may be issued to a corporation duly authorized to transact business in this state or to any person operating under a fictitious name who has complied with the provisions of chapter 5 (commencing with section 17900) of part 3 of division 7 of the Business and Professions Code. Otherwise all such certificates shall be issued in the true name of the applicant. Except as provided above, no business, occupation or activity for which a certificate is required by this article may be conducted under any false or fictitious name. A certificate issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation.

(Ord. No. 2484, § 1, 9-17-85)

An annual registration fee shall be charged for all weighing and measuring instruments requiring a registration certificate as provided for herein. For purposes of this section, the annual registration fee for a business that uses a commercial weighing or measuring device or devices shall consist of a business location fee and a device fee. The annual registration fee shall be the "not to exceed" fee as specified in the California Business and Professions Code Section 12240(f)(3) and subsections (g) to (n), inclusive, effective January 1, 2008. Fee calculation tables provided by the State of California are available from the Butte County Agricultural Commissioner and on the website at www.buttecounty.net/agcommissioner. The County chooses to grant an exception to the California Business and Professions Code Section 12240(f) and (n) to Certified Farmers Market scales/devices, not to exceed three (3) scales/devices, that are delivered to the Weights and Measures Office for testing. For the purposes of this section, the fee for such scales/devices shall be as adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule:

(a) Only upon the written request of any person, firm or corporation, the sealer shall calibrate, test, weigh, measure, and certify to the accuracy of, noncommercial weights and measures and weighing and measuring devices, and instruments, tools, and accessories connected therewith. The sealer shall charge and collect the fees to cover the cost of such service as adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.

All fees in this subsection are determined by the State of California.

(Ord. No. 2484, § 1, 9-17-85; Ord. No. 3110, § 2, 1-11-94; Ord. No. 3880, § 14, 6-22-04; Ord. No. 3940, § 23, 10-10-06; Ord. No. 3945, § 15, 11-21-06; Ord. No. 3994, § 2, 12-16-08; Ord. No. 4001, § 30, 3-24-09)

A registration certificate is transferable from one (1) person to another and is valid only for the specific instruments and, if the instruments are to be used at a fixed location, for the specific location for which it is issued. Replacement of specific instruments shall be allowed without a new certificate being required.

(Ord. No. 2484, § 1, 9-17-85)

Any person failing to renew a permit on or before the next anniversary date of each successive year shall be required to pay an additional sum equal to fifty (50) percent of the registration fee as a penalty for any such delinquency.

(Ord. No. 2484, § 1, 9-17-85)

Violation of any of the provisions of this chapter is an infraction punishable by a fine not to exceed one hundred dollars ($100.00) for the first offense and not to exceed two hundred dollars ($200.00) for a second or subsequent offense.

(Ord. No. 2484, § 1, 9-17-85)