El Dorado County Municipal Code Ch. 5.54 Commercial Weighing and Measuring Instruments

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State Law reference— Local administration of weights and measures, Business and Professions Code § 12200 et seq.

This chapter shall be known as the Commercial Weighing and Measuring Instruments Ordinance.

(Code 1997, § 5.54.010; Ord. No. 3416, § 1(part), 1984)

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 Business and Professions Code §§ 12210 and 12240 et seq.

(Code 1997, § 5.54.020; Ord. No. 3416, § 1(part), 1984)

For the purpose of this chapter, the following terms and phrases shall be defined as set out in this section, except where the context clearly indicates a different meaning:

Commercial purposes has the meaning assigned to it by Business and Professions Code § 12500.

County Sealer means the sealer appointed by the County Board of Supervisors and his or her duly authorized agents.

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

Seasonal means weighing or measuring instruments used for commercial purposes six months or less during a calendar year.

Weighing and measuring instruments includes all those devices covered by Business and Professions Code § 12210.

(Code 1997, § 5.54.030; Ord. No. 4037, § 2, 1989; Ord. No. 4347, 1994)

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 shall be required.

A. Application. An application for a registration certificate must be submitted to the County Sealer in the form prescribed by him or her. The County Sealer shall, upon receipt of a completed application and the payment of the applicable fee described in Subsection B of this section, issue a current registration certificate.

B. Annual fee. An annual registration fee shall be charged for the year, or any part thereof, for all weighing and measuring instruments requiring a registration certificate as provided for herein, except for farm milk tanks. The annual registration fee shall be as established by resolution as determined by the Board of Supervisors.

C. 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 Business and Professions Code § 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 chapter 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.

D. Transfer. A registration certificate is transferable from one 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.

E. Delinquency. Any person failing to renew a registration certificate on or before January 31 of each year shall be required to pay an additional sum equal to 50 percent of the registration fee as a penalty for any such delinquency. Any person failing to obtain a registration certificate or pay the annual registration fee within 30 days of beginning to use any weighing or measuring instruments for commercial purposes at a new location, or to use any new or seasonal weighing or measuring instruments for commercial purposes shall be required to pay an additional sum equal to 50 percent of the registration fee as a penalty for any such delinquency.

(Code 1997, § 5.54.040; Ord. No. 3416, § 1(part), 1984; Ord. No. 3509, § 1, 1985; Ord. No. 4037, § 3, 1989; Ord. No. 4247, 1992; Ord. No. 4347, 1994)