The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04112006 - SD.3 SE -` Contra TO: BOARD OF SUPERVISORS -=-� - ,, FROM: AGRICULTURE COMMISSIONER o ..... firit.++" Costa DATE: APRIL 11, 2006 9 COUK County SUBJECT: DEVICE REGISTRATION AND INSPECTION FEES I b. 407 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION qm— tow RECOMMENDATION: 1. CONDUCT public hearing on Ordinance No. 2006-09, which increases fees for registration of weighing and measuring devices and establishes new fees for point-of-sale system inspections, pursuant to California Business and Professions Code Sections 12240 and 13350. 2. RECEIVE oral and written testimony regarding the proposed fees. 3. CLOSE hearing. 4. ADOPT Ordinance No. 2006-09. FISCAL IMPACT: Proposed fees will be phased in over a three year period resulting in increase in revenues: Device fees - $95,000 increase in year one, $150,000 in year two, $270,000 in year three Scanner revenue - $110,000 increase in year one, $150,000 in year two, $180,000 in year three BACKGROUND: As the County Sealer of Weights and Measures, the Agriculture Commissioner is responsible for registration of weighing and measuring devices and point of sale systems inspections. The ordinance effectuates provisions of the California Business and Professions Code Sections 13350 et seq. and 12240 by increasing fees for registration of weighing and measuring devices and establishing new fees for point-of-sale system inspections. The purpose of the fees is to recover the Agriculture Commissioner's reasonable costs of inspecting and testing weighing and measuring devices, and determining the pricing accuracy of point-of-sale systems. The ordinance revises the existing fee schedule for inspecting and testing weighing and measuring devices, and implements a new fee schedule for the pricing accuracy of point-of-sale systems. The notice of the public hearing as required by Government Code Section 6062a was published twice during the ten-day period prior to the hearing, with at least two publications separated by five days. CONTINUED ON ATTACHMENT:_,__�_YES SIG TORE: L----RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE /APPROVE OTHER CLOSED THE PUBLIC BARING. WITH ALL MaUIERS PRESEW BY A UNANI�VJS VOTE, ITFM APMVED AS MED. SEE ATTACHED ADDENDUM. SIGNATURE( ACTION OF BOR ON ��. APPROVE AS RECOMMENDED�_OVER ER ,W VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE V UNANIMOUS (ABSENTCI_"� ) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED JOKN CULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Vince Guise 6-5250 - CC: County Administrator's Office County Counsel BY: v DEPUTY ADDENDUM TO ITEM SD.3 April 11, 2006 On this day,the Board of Supervisors considered conducting a Public Hearing on Ordinance No. 2006-09, regarding the proposed increase in fees for registration of weighing and measuring devices,and the establishment of new fees for point-of-sale system inspections. Ed Meyer, Agriculture Commissioner,presented the staff report on this item. Chair Gioia opened the Public Hearing. There were no speakers. Supervisor Uilkema asked whether the inspection and testing of weighing and measuring devices is a complaint-driven process, and further asked if there was any way a consumer could tell if weights or measurements were inaccurate. Mr. Meyer responded, saying that devices.that have been inspected carry an inspection seal. He noted that scales are also inspected periodically in addition to in response to complaints. Chair Gioia said it seems that weight and measurement systems as they currently exist cannot be guaranteed to be 100% accurate, and encouraged consumer awareness and public education to help protect consumers. By a unanimous vote with noire absent, the Board of Supervisors took the following.action: CLOSED Public Hearing on Ordinance No. 2006-09, and ADOPTED Ordinance No. 2006-09, increasing fees for registration of weighing and measuring devices and establishing new fees for point-of-sale inspections. ORDINANCE NO.2006-09 DEVICE REGISTRATION AND INSPECTION FEES The Board of Supervisors of the County of Contra Costa ordains as follows(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. Chapter 522-2 of the County Ordinance Code is hereby repealed in its entirety. SECTION U. A new Chapter 522-2 is hereby added to the County Ordinance Code,to provide for new device registration fees and inspections of point-of-sale systems,to read: Article 522-2.2. General 522-2.202 State law. This chapter effectuates the provisions of Chapter 13.5 of the California Business and Professions Code and California Business and Professions Code Section 12240 and following. (Ords. 2006-09 § 2, 83-16.) 522-2.204 Basis for fees. The fees required by this chapter are to recover the costs of inspecting and testing weighing and measuring devices,and the pricing accuracy ofpoint-of-sale systems required of the county sealer(director)of Weights and Measures. The fees required by this chapter do not exceed the actual inspection costs. (Ords. 2006-09 § 2, 83-16; B&P Code, §§ 12240, 13350.) 522-2.205 Definitions. For purposes ofthis chapter,the following words and phrases have the following meanings: (a) "Annual Registration Fee"means the sum of the business location fee and the device fee. (b) "Business Location"means each of the following: (1) Each vehicle containing one or more commercial devices. (2) Each business establishment operated as a unique entity at a given place or address,and that requires not more than one inspection trip by a Weights and Measures official. (3) Water vending machines and other similar equipment,placed at the address of one business but owned and operated by another, shall be considered a separate business location. (4) Houses. For electric meters,vapor meters,and water sub-meters,each house,apartment complex or mobile home shall be considered a separate business location,except that a mobile home park shall be considered one business location instead of each of the mobile homes in such mobile home park. ORDINANCE NO. 2006-09 1 (5) Point-of-Sale Systems. A business located at a given place or address that uses electronic point-of-sale systems shall be considered a single business location. (c)"Business Location Fee"means the fee set forth in Table A of Section 522-2.404,for the respective year. (d) "Device Fee"means the fee for each device at a business location as set forth in Table B of Section 522-2.404,next to the respective device. (e) "Point-of-Sale Register"means individual and separate equipment that is capable ofrecovering electronically stored price information that is used to charge consumers for the purchase of commodities. (f) "Point-of-Sale System"means any system used by a retail establishment such as,but not limited to, Universal Product Code(UPC)scanners or an electronic price look-up system as a means for determining the price of the item being purchased by a consumer. (g) "Seasonal Vendor"means aproduce growerwho sells its produce from a fixed location or farmers market,and who sells such produce for nine months or less in any calendar year. Commercial fishermen who sell their own catch to the public shall also be considered seasonal vendors. (Ord. 2006-09 § 2.) 522-2.206 Enforcement. The county sealer(director)of weights and measures shall enforce the provisions of this chapter and may promulgate regulations to effectuate it. (Ords. 2006-09 § 2, 83-16.) Article 522-2.4. Fees. 522-2.402 Annual county-wide fees. (a) Annual. The fees specified in this article are charged to and payable by the owner,possessor,or user of the listed devices. The annual registration fee is set by a combination ofthe business location fee and the device fee that is charged for the number of devices at a business location. No annual registration fee mayexceed $1,000 per business location. (b) County-wide. The fees specified in this chapter are annual fees due for all or part of each calendar year during any part of which the device is used for wei ghing or measuring anywhere in this county subject to the county sealer's (director's)jurisdiction. (Ords. 2006-09 § 2; 83-16.) 522-2.404 Amounts. (a)Annual Registration Fees. The annual registration fees due hereunder are adopted pursuant to and under the authority of California Business and Professions Code Sections 12240 and 13350. Annual fee amounts ORDINANCE NO. 2006-09 2 established on January 1,2008 shall remain in effect until superseded by a change in California Business and Professions Code Section 12240. Annual registration fees are set by business location and the number of commercial devices and/or point-of-sale registers at each business location under common ownership or management, as follows: Table A(Business Location Fees) FEE FEE FEE DEVICE FEE AUTHORITY EFFECTIVE EFFECTIVE EFFECTIVE 5/11/2006 1/1/2007 1/1/2008 California Business& $60 per $80perBusines $100 per Business Location Fee Professions Code Business Location Business ('S&P") Section Location Location 12240(f)and(o) Table B (Device Fees) FEE FEE FEE FEE DEVICE AUTHORITY EFFECTIVE EFFECTIVE EFFECTIVE 5/11/2006 1/1/2007 1/1/2008 Electric,Vapor(Gas) &Water B&P §12240(g) $2 . $2 $2 Sub-meters Vehicle Mounted&Wholesale B&P §12240(m) $15 $20 $25 Fuel Meters Liquified Petroleum Gas Meters, B&P §12240(1) $105 $140 $175 Truck Mounted or Stationary Livestock Scales B&P §12240(k) $40 $60 $80 Weighing Devices,other than B&P §12240(h) $90 $120 $150 Livestock Scales, z2,000 lb and <10,000 lb `Neighing Devices, other than B&P §12240(h) $150 $200 $250 Livestock Scales, z I0,0001b All Other Commercial Weighing B&P §12240(n) $12 $16 $20 or Measuring Devices Point-of-Sale Systems with 1-3 B&P §13350(d) $63 $84 $105 Point-of-Sale Registers Point-of-sale Systems with 4 or B&P §13350(d) $111 $148 $185 more Point-of-Sale Registers ORDINANCE NO. 2006-09 3 SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,and within 15 days afterpassage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED on �l _,by the following vote: J. AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None i -- — QL— ABSTAIN:.None ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] Kepu�ty' H:Mgriculture\Weights&Measures Ordinance-Ewpd ORDINANCE NO. 2006-09 5 LEGAL PUBLICATION REQUISTION Contra Costa County L1. From: Clerk of the Board To: Contra Costa Times 651 Pine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek,-CA'94596 FAX NO: 925-943-8359 Requested by: . KATHY SINCLAIRE Date; APRIL 21,_ 2006 925-335-1902- Phone No: Reference No: � -3 Org: Sub Object: 2190 Task: SAS Activity: Publication Date (s): APRIL 24,_ .2006. No. of Pages: (6) . LEGAL PUBLICATION-— ADOPTION OF ORDINANCE NO. 2006-09 DEVICE REGISTRATION AND INSPECTION FEES -FAX„ '••'immediately upon expiration ofpublication,••••-=..�— — send in one afridavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: ��--- Please confirm date of publication & receipt of this fax. MESSAGE CONFIRMATION 04/21%2006 0^0:28 ID=CONTRA COSTA COUNTY CLERK OF THE DATE S,R-TIME DISTANT STATION ID MODE PAGES RESULT 04121 01908 9259438359 TX 06 OK 0000 04/21/2006 08:26 CONTRA COSTA COUNTY CLERK OF THE 99438359 NO.048 DO1 • +d LE GAL PUBLICATION REQUISTiON Contra Costa County TO: Contra Costa Times_ From:. Clerk of the Board PO Box 5124 651 Pine St., Room 106 . WalnutMartinez, CA 94553 Walnut Creek, CA-9596 . FAX N0: 925-943-8359 Requested by: KATHY SINCLURE Date: APRIL 21,. 2006 Phone No:. 925-335-1902- Reference No:- 2190 Toss.: sAS Activity: ,- Org; Sub Object: . .. Publication Date (s)= APRIL 24, 2006 No. of Pages: (6) . -