Marin County Municipal Code Ch. 5.44 Weighing and Measuring Device Fees

In addition to and in accordance with the determination made and the authority granted by the state under Section 12240 of the Business and Professions Code, an annual device registration permit is required for establishments using weighing and measuring devices.

(Ord. 2762 § 1 (part), 1973)

(Ord. No. 3574, § I, 2011; Ord. No. 3595, § I, 2013)

No person shall temporarily or permanently, alone or in conjunction with others, establish, maintain, conduct or operate any device as established by Section 12240 of the Business and Professions Code of the state without first obtaining an annual device registration permit from the department of agriculture and weights and measures.

(Ord. 3167 § 1 (part), 1994: Ord. 2762 § 1 (part), 1973)

(Ord. No. 3574, § I, 2011; Ord. No. 3595, § I, 2013)

(a) Application. Applications for device registration permits and renewals thereof shall be filed with the director of weights and measures upon such forms as may be prescribed.

(b) Fees. The permit fee for the calendar year or any part thereof during which the permitted activity is carried on and for renewal thereof shall be that established by ordinance, which may be modified by resolution of the board of supervisors.

(c) Re-inspection fee. Fees are hereby authorized for re-inspection of a retail establishment that fails the prior inspection. Re-inspection fees for retesting devices shall not exceed the total cost of actually inspecting or testing the devices as required by law. The fee shall be established by resolution of the board of supervisors.

(d) Reschedule fee. The Marin County Department of Agriculture and Weights and Measures may schedule inspection appointments, at a mutually acceptable time to the department and the business owner/user, to test and inspect commercial and noncommercial weighing or measuring instruments. A rescheduling fee is defined as a fee charged to an owner or owner's representative canceling a mutually agreed upon appointment less than twenty-four hours ahead of the scheduled meeting time, or showing up more than thirty minutes late to the scheduled appointment. The fee shall be established by resolution of the board of supervisors.

Standby fee. The Marin County Department of Agriculture and Weights and Measures is authorized to charge a fee for the time that the department personnel are requested to stand by with necessary equipment either for the removal of contaminated, mislabeled or substandard motor fuel, or for the convenience of the owner, distributor, or service agent of any commercial or noncommercial weighing and measuring instruments while such instruments are put into proper condition to be inspected or tested. A standby fee is defined as a fee charged to a business when an owner or owner's representative is fifteen to thirty minutes late to a mutually agreed upon scheduled appointment time. When a business owner or representative is over thirty minutes late, they shall be charged a rescheduling fee. The fee will be established by resolution of the board of supervisors.

(e) Expiration of permits. All registration permits issued pursuant to this chapter shall be valid for one calendar year or fraction thereof, and shall expire on December 31st of the current calendar year.

Renewal of registration permits is the responsibility of the registrant and shall be made in a manner similar to the issuance of the original registration.

(f) Registration permits shall not be transferable between persons or establishment locations. Registrants shall not lease, sublet, subcontract, or in any manner permit any person or entity to engage in activities regulated under the registration permit, except as an employee of the registrant.

(g) Delinquent permits. To any fee not paid when due, there shall be added a penalty equal to the amount of the registration fee.

(h) Payment of all applicable fees and late penalties as set forth in this section shall be required before registration permits will be issued.

(Ord. 3440 § 1, 2006: Ord. 3167 § 1 (part), 1994: Ord. 2762 § 1 (part), 1983)

(Ord. No. 3574, § I, 2011; Ord. No. 3595, § I, 2013)

In addition to other fees provided herein, the county shall collect a fee equal to the uniform schedule of fees prescribed by the director of the department of food and agriculture for inspection or testing of any weighing or measuring device or instrument used commercially at the request of the owner or user of such device when such inspection or testing of said device could legally be performed by a registered repairman. The fees provided for in Section 5.44.030 shall apply to retail gasoline pump meters.

Fees collected herein shall be credited to the general fund of the county and used only for the administration and enforcement of laws pertaining to weights and measures.

(Ord. 2809 § 1, 1984; Ord. No. 3595, § I, 2013)

It shall be unlawful for any person or registrant, employee or agent thereof to do any of the following:

(a) Use a device without a current registration permit;

(b) Fail to make the registration permit available to any official of the department upon request.

(Ord. No. 3574, § II, 2011; Ord. No. 3595, § II, 2013)

Prior to the refusal to grant or renew any such registration permit, and prior to revocation or suspension of such permit, the applicant or registrant shall be entitled to a hearing in accordance with Business and Professions Code Section 12015.3.

(Ord. No. 3574, § II, 2011; Ord. No. 3595, § II, 2013)

A suspended or revoked registration permit may be restored or reissued by the department when the applicant or registrant has corrected all violations to the satisfaction of the department and is in full compliance with applicable state law and with this chapter.

(Ord. No. 3574, § II, 2011; Ord. No. 3595, § II, 2013)