San Luis Obispo County Municipal Code Ch. 6.20 Roles of County Officers

Footnotes:

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Editor's note— Ord. No. 3296, § 6, adopted April 21, 2015, amended Ch. 6.20 in its entirety to read as herein set out. Former Ch. 6.20, §§ 6.20.010—6.20.100, pertained to duties of county officers, and derived from Ord. 1635 § 2, 1976; Ord. 2200 § 3, 1984; Ord. 2286 §§ 1—9, 1986; Ord. 2340 §§ 1, 2, 1988.

(a) The tax collector issues business licenses. The tax collector shall stamp with the tax collector's seal such business license and transmit it to the applicant.

(b) For the purpose of this title, the tax collector acts as the administrator for issuing business licenses, and is responsible for implementing this title.

(c) The tax collector shall also retain for two years after the expiration date, a record of all business licenses and their effective starting dates.

(d) The tax collector shall be the hearing officer for appeals to the denial or revocation of business licenses in accordance with this title.

(Ord. No. 3296, § 6, 4-21-15)

(a) The sheriff reviews and makes recommendations regarding the approval of business license applications for any nature of business, for which the sheriff is noted as a regulating department.

(b) The sheriff enforces the provisions of this title; and they are authorized to arrest a person without a warrant whenever there is reasonable cause to believe that the person to be arrested has committed a misdemeanor within their presence which is a violation of any provision of this title.

(Ord. No. 3296, § 6, 4-21-15)

The health officer reviews and makes recommendations on business license applications for those classes of business, for which the health officer is noted as a regulating department and for any other class of business that the tax collector may deem necessary for the public health and safety.

(Ord. No. 3296, § 6, 4-21-15)

(a) The planning and building director reviews all business license applications pursuant to Title 22 or Title 23 of this Code, and recommends approval of such applications where the proposed use, site, and building, if any, are consistent with all applicable provisions of the land use ordinance, Title 22 or Title 23 of this Code.

(b) In the enforcement of the provisions of this title, the planning and building director is also authorized to secure compliance with this title through any of the enforcement procedures specified by California state law or this Code, which are deemed appropriate, in cases where a site contains violations of this title or Titles 19, 22, or 23 of this Code.

(Ord. No. 3296, § 6, 4-21-15)

The public works director reviews and makes recommendations on any business license application for which the business would encroach or impair access on a public right-of-way.

(Ord. No. 3296, § 6, 4-21-15)

The county agricultural commissioner, by operation of the provisions of Section 2.20.040, exercises the duties of the county sealer of weights and measures. Under this chapter and in accordance with the general provisions of law the agricultural commissioner licenses all weighing and measuring devices and collects the fees charged in accordance with the provisions of the fee ordinance as established by the board.

(Ord. No. 3296, § 6, 4-21-15)

(a) Purpose and Authority. Sections 6.20.075—6.20.075.8 establish a system for registering commercial weighing and measuring devices, and to recover the costs of inspecting and testing such instruments in accordance with the provisions of Section 12210 of the California Business and Professions Code.

(b) Definitions.

(1) "Commercial purposes" means and includes the determination of the weight, measure, or count of any commodity or thing which is sold on the basis of weight, measure, or count; or the determination of the weight, measure, or count of any commodity or thing upon which determination a charge for service is based. Devices used in a determination upon which a charge for service is based include, but are not limited to, taximeters, odometers, timing devices, parcel scales, shipping scales, and scales used in the payment of agricultural workers. "Commercial purposes" does not include the determination of the weight, measure, or count of any commodity or thing which is performed within a plant or business as a part of the manufacturing, processing or preparing for market of that commodity or thing, or the determination of charges for the transmission of letters or parcels of less than one hundred fifty pounds, except when that determination is made in the presence of the customer charged for the service.

(2) "Department" means the department of agriculture/ weights and measures of the county.

(3) "Location" means the room, enclosure, building, vehicle, space, or area where one or more weighing or measuring devices are located.

(4) "Measuring instrument" means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure, and includes any tool, appliance, or accessory used or connected therewith.

(5) "Person" means and includes any person, firm, corporation, or association.

(6) "Sealer" means the agricultural commissioner of the county or his or her designated, duly licensed and authorized inspectors and employees.

(7) "Weighing instrument" means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight, and includes any tool, appliance, or accessory used or connected therewith.

(Ord. No. 3296, § 6, 4-21-15)

No person shall use any weighing or measuring devices for commercial purposes, without having a current registration certificate for such device. The certificate shall be in addition to any other certificate, license, or permit which may be required by the county or any other public entity.

(Ord. No. 3296, § 6, 4-21-15)

An application for a registration certificate must be submitted to the sealer in the form prescribed by the agricultural commissioner. The sealer shall authorize the registration certificate upon receipt of a completed application and payment of the applicable fee.

(Ord. No. 3296, § 6, 4-21-15)

A registration certificate shall be valid for a period of one year from the date of issuance, and must be renewed from year to year, for successive one-year periods, upon payment of the applicable fee.

(Ord. No. 3296, § 6, 4-21-15)

A registration certificate may be issued to a corporation duly authorized to transact business in this state, and to a person operating under a fictitious name, who has complied with the provisions of the California Business and Professions Code. Otherwise, all such certificates shall be issued in the true name of the applicant. Except as provided in this section, no business, occupation or activity for which a certificate is required by Sections 6.20.075 through 6.20.075.8, 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. 3296, § 6, 4-21-15)

If a current registration certificate has been lost, the person to whom it was issued may obtain a replacement from the sealer upon payment of the replacement fee.

(Ord. No. 3296, § 6, 4-21-15)

A registration certificate is not transferable from one person to another, and is valid only for the specific device, and if the device is to be used at a fixed location, for the specific location for which issued.

(Ord. No. 3296, § 6, 4-21-15)

Any registration certificate for which the fees have not been paid within thirty days from the date such payment is due will be subject to a one hundred percent penalty, with a like amount accruing each thirty days which elapse without payment received.

(Ord. No. 3296, § 6, 4-21-15)