SECTIONS 12240-12246 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 12240-12246

12240. (a) Except as otherwise provided in this section, the board
of supervisors, by ordinance, may charge an annual registration fee,
not to exceed the county's total cost of actually inspecting or
testing the devices as required by law, to recover the costs of
inspecting or testing weighing and measuring devices required of the
county sealer pursuant to Section 12210, and to recover the cost of
carrying out Section 12211.
(b) Except as otherwise provided in this section, the annual
registration fee shall not exceed the amount set forth in
subdivisions (f) to (n), inclusive.
(c) The county may collect the fees biennially, in which case they
shall not exceed twice the amount of an annual registration fee. The
ordinance shall be adopted pursuant to Article 7 (commencing with
Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 2 of the
Government Code.
(d) Retail gasoline pump meters, for which the above-fees are
assessed, shall be inspected as frequently as required by regulation,
but not less than once every two years.
(e) Livestock scales, animal scales and scales used primarily for
weighing feed and seed, for which the above fees are assessed, shall
be inspected as frequently as required by regulation.
(f) For purposes of this section, the annual registration fee for
a business that uses a commercial weighing or measuring device or
devices shall consist of a business location fee, and a device fee,
as specified in subdivisions (g) to (n), inclusive. The business
location fee and device fee shall not exceed the following:
(1) Beginning January 1, 2006, sixty dollars ($60) per business
location, plus 60 percent of the maximum applicable device fee listed
in subdivisions (h) to (n), inclusive.
(2) Beginning January 1, 2007, eighty dollars ($80) per business
location, plus 80 percent of the maximum applicable device fee listed
in subdivisions (h) to (n), inclusive.
(3) Beginning January 1, 2008, and thereafter, one hundred dollars
($100) per business location, plus 100 percent of the maximum
applicable device fee listed in subdivisions (h) to (n), inclusive.
(g) For marinas, mobilehome parks, recreational vehicle parks, and
apartment complexes, where the owner of the marina, park, or complex
owns and is responsible for the utility meters, the device fee shall
not exceed two dollars ($2) per device per space or apartment.
Marinas, mobilehome parks, recreational vehicle parks, and apartment
complexes for which the above fees are assessed shall be inspected
and tested as frequently as required by regulation.
(h) For weighing devices, other than livestock, with capacities of
10,000 pounds or greater, the device fee shall not exceed two
hundred fifty dollars ($250) per device; for weighing devices, other
than livestock scales, with capacities of at least 2,000 pounds but
less than 10,000 pounds, the device fee shall not exceed one hundred
fifty dollars ($150) per device.
(i) This section does not apply to farm milk tanks.
(j) A scale or device used in a certified farmers' market, as
defined by Section 113745 of the Health and Safety Code, is not
required to be registered in the county where the market is
conducted, if the scale or device has an unexpired seal for the
current year, issued by a licensed California county sealer.
(k) For livestock scales with capacities of 10,000 pounds or
greater, the device fee shall not exceed one hundred fifty dollars
($150) per device; for livestock scales with capacities of at least
2,000 pounds but less than 10,000 pounds, the device fee shall not
exceed one hundred dollars ($100) per device.
(l) For liquified petroleum gas (LPG) meters, truck mounted or
stationary, the device fee shall not exceed one hundred seventy-five
dollars ($175) per device.
(m) For wholesale and vehicle meters, the device fee shall not
exceed twenty-five dollars ($25) per device.
(n) For all other commercial weighing or measuring devices not
listed in subdivisions (g) to (m), inclusive, the device fee shall
not exceed twenty dollars ($20) per device. For the purposes of this
subdivision, the total annual registration fee shall not exceed the
sum of one thousand dollars ($1,000), for each business location.
(o) For the purposes of this section, a single business location
is defined as:
(1) Each vehicle containing one or more commercial devices.
(2) Each business location that uses different categories or types
of commercial devices that require the use of specialized testing
equipment and that necessitates not more than one inspection trip by
a weights and measures official.

12242. The revenue from any fee charged pursuant to Section 12240
shall be deposited in the general fund of the county and used solely
for the activities required by Sections 12210 and 12211.

12243. In addition to providing notice as otherwise required,
before adopting an ordinance charging fees pursuant to Section 12240,
the board of supervisors shall hold at least one public meeting, at
which oral or written presentations can be made, as part of a
regularly scheduled meeting. Notice of the time and place of the
meeting, including a general explanation of the matter to be
considered, and a statement that the information required by this
section is available, shall be mailed at least 14 days prior to the
meeting to any interested party who files a written request with the
board of supervisors. Any written request for the mailed notices
shall be valid for one year from the date on which it is filed unless
a renewal request is filed. Renewal requests for the mailed notices
shall be filed on or before April 1 of each year. The board of
supervisors may establish a reasonable annual charge for sending the
notices based on the estimated cost of providing that service. At
least 10 days prior to the meeting, the board of supervisors shall
make available to the public information indicating the amount of
cost, or estimated cost, required to provide the service for which
the fee is charged and the revenue sources anticipated to provide the
service, including general fund revenues. If the fees create
revenues in excess of actual cost, those revenues shall be used to
reduce the fee creating the excess.

12244. Any costs incurred by the board of supervisors in conducting
the required meeting may be recovered from fees charged for the
services which were the subject of the meeting.

12246. This article shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends that
date.