Imperial County Municipal Code Ch. 5.68 Weighing and Measuring Instruments, Devices, and Point-of-Sale Systems

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Editor's note— Ord. No. 1594, adopted July 2, 2024, amended Ch. 5.68 in its entirety to read as herein set out. Former Ch. 5.68 pertained to a similar subject matter, and derived from Ord. No. 1492, adopted October 1, 2013.

(a) Pursuant to the California Business and Professions Code section 12200 et seq. there is created in the County of Imperial the office of County Sealer of Weights and Measures. The County Sealer of Weights and Measures shall have the authority, duties and responsibilities of such office as provided by the provisions of Division 5, Chapter 2, Article 2 of the California Business and Professions Code and as further provided for by the board of supervisors of the County of Imperial.

(b) This article is adopted pursuant to Division 5, Chapter 2, Article 2.1 (commencing with Section 12240) and Chapter 13 (commencing with Section 13350) of the Business and Professions Code, for the purpose of establishing a system for registering commercial weighing and measuring instruments and point of sale systems, and to recover the costs of inspection, reinspection, and testing pursuant to Sections 12210, 12210.5, 12211, 12240, and 13350.

(Ord. No. 1594, § 1, 7-2-24)

(a) No person shall use any weighing or measuring instrument, device, or point-of-sale system for commercial purposes without having a current registration and certificate for all instruments, devices, or systems. The registration and certificate shall be in addition to any other registration, certificate, license, or permit which may be required by the County or any other public entity.

(b) A separate certificate of registration is required for each location.

(c) A certificate of registration is not transferable from one person to another and is valid only for the specific location, whether fixed or mobile, for which it is issued.

(d) Every person using any commercial weighing or measuring instrument or point-of-sale system for which a certificate of registration is required shall keep such certificate conspicuously posted at the location where such instrument or system is being used.

(Ord. No. 1594, § 1, 7-2-24)

A registration certificate shall be valid through December 31 of each year from the date of issuance and shall be renewed from year to year for successive one-year periods upon payment of the applicable fee prescribed by section 5.68.040. The registration period shall commence on January 1 of each calendar year and terminate on December 31 of the same calendar year.

(Ord. No. 1594, § 1, 7-2-24)

(a) A new or annual registration fee for a business with one or more instrument, device, or point-of-sale system at a business location to be used for commercial purposes shall be assessed at the maximum amount authorized in Section 12240 and as prescribed by Section 13350 of the Business and Professions Code and is due on the first day of the applicable registration period. A fee schedule adopted by resolution of the Board of Supervisors will be in accordance with this chapter.

(b) Pursuant to the California Business and Professions Code Section 12240 for inspecting or testing devices the annual registration fee shall consist of the applicable fees listed below:

(1) The business location fee as specified in Section 12240 for instruments and devices;

(2) A department administrative fee, as specified in Section 12241 for instruments and devices; and

(3) A device fee as specified in Section 12240 and the fee schedule.

(c) Upon the request of any person, the sealer may calibrate, test, weigh, measure, and certify to the accuracy of, commercial or noncommercial weights and measures and weighing and measuring instruments or devices, tools, and accessories connected therewith pursuant to BPC sections 12210 and 12210.5. To cover the cost of providing these services, fees will be established, charged, and collected on a portal-to-portal basis for time and mileage, including standby time, as prescribed in the fee schedule.

(d) The annual registration fee for a location using a point-of-sale (POS) system shall consist of a point-of-sale system inspection fee or annual registration fee pursuant to section 13350 of the California Business and Professions Code. The fee shall be based on the number of scanners or electronic price lookup systems at the location as prescribed in the fee schedule.

(e) The sealer may reinspect any location utilizing a point-of-sale system that has a compliance rate of less than ninety-eight (98) percent and may charge a reinspection fee for reinspection of a retail establishment that fails the prior inspection pursuant to section 13350 of the California Business and Professions Code. This fee shall be equal to the annual registration fee as prescribed "in the fee schedule.

(Ord. No. 1594, § 1, 7-2-24)

Any registration certificate for which the fees have not been paid within forty-five (45) days from the date such payment is due will be subject to a penalty of one-half the annual registration fee. Thereafter, continued failure to pay registration fees after ninety (90) days may result in collection agency reporting and action.

(Ord. No. 1594, § 1, 7-2-24)

The Sealer, pursuant to Business and Professions Code Section 12210.3(b), shall, upon written request, inspect, test, and certify to the accuracy of, commercial water submeters intended to be placed into service in a different county, or according to a schedule different from the inspection frequency established by regulations, or not intended to be placed into service in Imperial County. The person requesting this service shall pay the fee provided on the fee schedule for out-of-county or unplaced water submeters.

(Ord. No. 1594, § 1, 7-2-24)

Terminology used in this chapter with a corresponding definition in Business and Professions Code Sections 12009, 12009.5, 12010, 12011, 12500, or 13352, should be considered to align with the codified definition.

(Ord. No. 1594, § 1, 7-2-24)