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Business and Professions Code sections 12210 et seq. provide that the sealer of each county shall inspect and test all weighing and measuring instruments used for commercial purposes within its jurisdiction. Business and Professions Code section 12501.1 requires any weighing or measuring instrument to be tested and sealed before being used for commercial purposes. Business and Professions Code sections 12240 et seq. provide that a sealer may recover the cost of inspecting or testing these weighing and measuring instruments by charging an annual registration fee for each business location at which an instrument used for commercial purposes is located and for each instrument used for commercial purposes at the business location. This chapter establishes a system whereby the County Sealer of Weights and Measures annually registers a business location that uses weighing or measuring instruments for commercial purposes and all instruments used for commercial purposes at the business location. This chapter also provides a system for the Sealer to recover its costs to inspect and test the instruments and makes it unlawful to fail to register an instrument used for commercial purposes.
(Amended by Ord. No. 8036 (N.S.), effective 4-2-92; amended by Ord. No. 9514 (N.S.), effective 12-13-02; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10156 (N.S.), effective 7-29-11; amended by Ord. No. 10199 (N.S.), effective 4-13-12; amended by Ord. No. 10482 (N.S.), effective 7-1-17; amended by Ord. No. 10605 (N.S.), effective 5-31-19)
State law reference(s)--Instrument inspection and testing, Business and Professions Code, § 12210; authority for article, Business and Professions Code, §§ 12210 et seq., 12240.
The following definitions shall apply to this chapter:
(a) "Business location" has the same meaning as the term "business location" in Business and Professions Code section 12240(u).
(b) "Commercial purposes" has the same meaning as the term "commercial purposes" in Business and Professions Code section 12500(e).
(c) "Instrument" means a "weighing instrument" as defined in Business and Professions Code section 12500(a) or a "measuring instrument" as defined in Business and Professions Code section 12500(b).
(d) "Sealer" means the County Sealer of Weights and Measures, a Deputy Sealer or an inspector employed by the County Department of Agriculture, Weights and Measures for the purpose of enforcing this chapter.
(e) "Weighmaster" has the same meaning as the term "weighmaster" in Business and Professions Code sections 12700-12702.
(Amended by Ord. No. 6708 (N.S.), effective 2-2-84; amended by Ord. No. 8036 (N.S.), effective 4-2-92; amended by Ord. No. 8316 (N.S.), effective 11-25-93; amended by Ord. No. 9514 (N.S.), effective 12-13-02; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10482 (N.S.), effective 7-1-17; amended by Ord. No. 10605 (N.S.), effective 5-31-19)
Cross reference(s)--Definitions, § 12.101 et seq.
(a) A person that owns or operates a business which contains one or more instruments to be used for commercial purposes shall register each business location and all instruments used commercially with the Sealer. It shall be unlawful for a person to fail to register an instrument with the Sealer before using it for commercial purposes. This registration 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 registration pursuant to this chapter shall not be transferable from one person to another person or from one location to another business location.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10156 (N.S.), effective 7-29-11; amended by Ord. No. 10199 (N.S.), effective 4-13-12; amended by Ord. No. 10482 (N.S.), effective 7-1-17; amended by Ord. No. 10605 (N.S.), effective 5-31-19)
An application for an initial or renewal registration shall be submitted to the Sealer on a form prescribed by the Sealer. The registration shall be deemed granted and become effective upon the Sealer's receipt of a completed application and the fee prescribed by this chapter or upon receipt of just the fee when no application is required.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10156 (N.S.), effective 7-29-11; amended by Ord. No. 10199 (N.S.), effective 4-13-12; amended by Ord. No. 10482 (N.S.), effective 7-1-17; amended by Ord. No. 10605 (N.S.), effective 5-31-19)
A registration shall expire in accordance with the following provisions:
(a) With the possible exception of the initial registration, a registration shall be valid for one calendar year beginning on the first day of the month that the registration is effective. The initial registration may be valid for a prorated period of less than one year, as determined by the Sealer, to stagger the annual renewal dates for all registered instruments.
(b) A registration shall be renewed annually if the instrument(s) for which the registration was granted will continue to be used for commercial purposes.
(c) The business owner/operator is responsible for renewing the registration on an annual basis.
(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 9514 (N.S.), effective 12-13-02; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10156 (N.S.), effective 7-29-11; amended by Ord. No. 10199 (N.S.), effective 4-13-12; amended by Ord. No. 10482 (N.S.), effective 7-1-17; amended by Ord. No. 10605 (N.S.), effective 5-31-19)
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