Stanislaus County Municipal Code Ch. 4.36 Registration Requirements and Fees for Commercial Weighing and Measuring…

Pursuant to Business and Professions Code Section 12240, the board of supervisors may charge an annual device registration fee to recover the costs of inspecting or testing weighing and measuring devices required of the county sealer pursuant to Business and Professions Code Section 12210.

(Ord. CS 369 §1, 1990)

For purposes of this chapter and unless the text otherwise requires, the terms set forth below shall be defined as follows:

A. "Commercial purposes" shall have the meaning assigned to it by Section 12500 of the Business and Professions Code.

B. "County sealer" means the sealer appointed by the Stanislaus County board of supervisors and his or her duly authorized agents.

C. "Location" shall have the meaning assigned to it by Section 12240 of the Business and Professions Code.

D. "Weighing and measuring instruments" mean and include all measuring devices as included in Section 12210 of the Business and Professions Code.

(Ord. CS 369 §1, 1990; Ord. CS 464 §1, 1992; Ord. CS 939 §1, 2005)

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.

(Ord. CS 369 §1, 1990)

An application for a registration certificate must be submitted to the county sealer in the form prescribed by him or her. The county shall, upon receipt of a completed application and the payment of the applicable fees described herein, issue a current registration certificate.

(Ord. CS 369 §1, 1990)

Each registration certificate shall expire on December 31st of the year of its original issuance and thereafter be renewed on an annual basis by payment of the applicable fees provided herein.

(Ord. CS 369 §1, 1990; Ord. CS 739 §1, 2000)

An annual registration fee shall be charged for the calendar year, or any part thereof, for all weighing and measuring instruments used for commercial purposes. The annual registration fee shall be the maximum set forth in Section 12240(a) of the Business and Professions Code, not to exceed the total cost of the county's inspection or testing program. The fee for each scale operated from a non-fixed location (farmer's market), if delivered to the department for inspection prior to paying the annual device registration fee, shall consist of the device fee set forth in Section 12240(b) of the Business and Professions Code. All other fees shall consist of both the device and location fees as set forth in Section 12240(f) of the Business and Professions Code. Companies who operate residential utility meters and are not specifically mentioned in Section 12240 of the Business and Professions Code shall pay the same fee as the water, vapor, or electric device fees charged to operations specifically mentioned in Section 12240(g)(1) of the Business and Professions Code.

(Ord. CS 369 §1, 1990; Ord. CS 464 §2, 1992; Ord. CS 739 §2, 2000; Ord. CS 939 §1, 2005; Ord. CS 1235 §1, 2019; Ord. CS 1369, 5/21/2024)

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 above provided, 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.

(Ord. CS 369 §1, 1990)

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.

(Ord. CS 369 §1, 1990)

Any person failing to pay their new or renewal annual device registration fee (device fee plus location fee) on or before sixty days following the expiration date of the registration permit or initial billing shall be required to pay an additional sum equal to fifty percent of the registration fee as a penalty for any such delinquency. Fees not paid after ninety days of the initial billing will be forwarded to revenue and reimbursement.

(Ord. CS 369 §1, 1990; Ord. CS 739 §3, 2000; Ord. CS 1235 §2, 2019; Ord. CS 1369, 5/21/2024)

Any person violating any of the provisions of this chapter shall be guilty of an infraction and shall be punishable as provided in Section 1.36.020.

(Ord. CS 369 §1, 1990; Ord. CS 705 §7, 1999)