HomeMy WebLinkAboutMINUTES - 04042006 - C.22 TO: BOARD OF SUPERVISORS Contra
FROM: AGRICULTURE COMMISSIONER o
A1,4 Costa
e
DATE: APRIL 4, 2006 °� '�v, County
ST'4 COUt1T•{
SUBJECT: ORDINANCE 2006-09 DEVICE REGISTRATION AND INSPECTION FEES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
I
INTRODUCE Ordinance No. 2006-09 to provide for new device registration fees and inspections of
point-of-sale systems; WAIVE reading; and FIX hearing for April 11, 2006.
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:
The Ordinance effectuates provisions of the California Business and Professionals Code Sections
13350 and 12240 by requiring fees for new device registration and inspections of point-of-sale
systems. The purpose of the fees is to recover the costs of inspecting and testing weighing and
measuring devices, and the pricing accuracy of point-of-sale systems required of the County Sealer
of Weights and Measures, in amounts that do not exceed the actual inspection costs. 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.
Notification of hearing was published March 28, 2006 in order to meet the requirement for
notification at least ten days prior to the hearing. The draft Ordinance has been on file with the Clerk
of the Board and will be published twice between March 28, 2006 and the hearing date of April 11,
2006.
I
I
CONTINUED ON ATTACHMENT:__YES SIGNTURE:
_✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
I
SIGNATURE(S):
ACTION OF BO D Ny APPROVE AS RECOMMENDED OTHER
VOTE 9F SUPERVISORS ,��0;�ei_
1 UNANIMOUS ABSENT / I HEREBY CERTIFY THAT THIS IS TRUE
( ) 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 TJ 77
J HN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: Vince Guise,6-5250
CC: CAO
County Counsel
BY: DEPUTY
T,�
• t .
ORDINANCE NO. 2006-09
DEVICE REGISTRATION AND INSPECTION FEES
The Board of Supervisors of the Countyof 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 1. Chapter 522-2 of the County Ordinance Code is hereby repealed in its entirety.
SECTION 11. 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 bythis 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 of this 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) Eachbusincss establishment operated as aunique entity at a giver)place oraddress,and
that requires not more than one inspection trip by a Weights and Measures official.
(3) Water vending machines and other similar equipment,placed attheaddress ofonebusiness
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,apartm ent
complex or mobile home shal I be considered a separate business location,except that a
mobile home park shall be considered one business location instead of each ofthe mobile
homes in such mobile home park.
ORDINANCE NO. 2006-09
1
I
(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 asset forth in Table B ofSection
522-2.404, next to the respective device.
(e) "Point-of-Sale Register"means individual and separate equipment that is capable of recovering
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 aretail establishment such as,but not limited to,
Universal Product Code(UPC)scanners or an electronic price look-up system as ameans for determining the
price of the item being purchased by a consumer.
(g) "Seasonal Vendor"means a produce grower who sells its produce from a fixed location or fanners
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 acombination ofthe business location fee and the
device fee that is charged for flee number ofdeviees at abusiness location. No annual registration fee may exceed
$1,000 per business location.
(b) Cotinty-wide. The fees specified in this chapter are annual fees due for al l or part of each calendar
year during any part ofwhich the device is used for weighing or measuring anywhere in this county subject to
the county sealer's (director's)jurisdiction. (Ords. 2006-09 § 2, 83-16.)
522-2.404 Amounts.
(a)Armual Registration Fees. The annual registration fees due hereunder are adopted pursuant to and
under the authorityof California Business and Professions Code Sections 12240 and 13350. Annual fee amounts
ORDINANCE NO. 2006-09
2
'I
established on January 1,2008 shall remain in effect until superseded by a change in California Business and
Professions Code Section 12240. Annual registration fees are set by business location and the number of
commercial devices and/or point-of-sale registers at each business location under common ownership or
management, as follows:
Table A (Business Location Fees)
FEE FEE FEE
DEVICE FEE AUTHORITY EFFECTIVE EFFECTIVE EFFECTIVE
_/2006 1/1/2007 1/1/2008
California$usiness $60 per $80perBusines $100per
Business Location Fee Professions Code Business Location Business
(B&P") Section Location Location
12240(f) and(o)
Table B(Device Fees)
FEE FEE FEE FEE
DEVICE AUTHORITY EFFECTIVE EFFECTIVE EFFECTIVE
I/1/2 006 l/1/2 007 1/1/200 8
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
L iquifiedPetroleum 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, 22,000 lb and
<10,000lb
Weighing Devices, other than B&P §12240(h) $150 $200 $250
Livestock Scales, >10,0001b
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
(b) Point-of-Sale Systems Fees. The point-of-sale system device fees are based on the number ofpoint-
of-sale registers at a single business location as set forth in Table B.
(c) Exemptions.
(1) Business location fees will be waived for:
(i) Seasonal vendors who bring their scales in for testing to a central location designated
by the Contra Costa County Department of Agriculture, Weights and Measures.
(ii) Seasonal agricultural users of stationary scales when such scale is used no more than
30 days in a calendar year.
(2) The business location fee will be reduced by fifty percent(501/o)for those small businesses
that have both(i)a single location in Contra Costa County,and(ii) gross annual revenue that does not exceed
$50,000. The Director of the Contra Costa CountyDepartmentofAgriculture,Weights and Measures shall
prescribe the verification methods for the foregoing criteria.
(3) A business shall be exempted from paying abusiness location fee in respect of its use of
apoint-of-sal c system if it is already required to pay abusiness location fee at the same location or address for
any other reason required under this chapter. (Ords. 2006-09 §2,99-09§2,95-9,94-11,92-13§2,88-97,
84-2, 83-16, Cal.B&P Code §§ 12240, 13350.)
522-2.405 Penalties. Upon failure to paythe atmual registration fee within sixtydays after it is due
and payable,apenaityin the amount of fifty percent(50%)of the prescribed annual registration fee shall be
added to the prescribed annual registration fee and shall be due and payable. Failure to pay the annual
registration fee for more than ninety(90)days after it is due and payable,will result in a penalty of one hundred
percent(100%)ofthe prescribed annual registration fee being added to the overdue amount. (Ord.2006-09
§ 2, 88-97.)
522-2.406 Devices,Point-of-Sale Systems and locations.
Subject Devices. All weights,scales,beams,measures of any kind,point-of-sale systems,instruments
or mechanical devices for weighing or measuring,and tools,appliances and accessories connected with any or
all such instruments or measures,sold,or used by any proprietor,agent,lessee or employee for commercial
purposes(as such terni is defined in California Business and Professions Code Section 12500),are subject to
inspection and testing by the county sealer(director). (Ord.2006-09 §2,92-13 §2,88-97,84-2,83-16,Cal.
B&P Code § 13350.)
ORDINANCE NO. 2006-09
4
SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days afterpassage,and within
15 days after passage 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 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN CULLEN,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL]
Deputy
JDAgriculture\Weights&Measures Ordinal=mpd -
ORDINANCE NO. 2006-09
5
PROOF OF PUBLICATION GZ
12015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and riot a party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 26;40 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
generbl circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
1
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each!regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to-wit:
March 30, and April 5,
all in the year of 2006
I certify (or declare) under penalty of perjury that the
forego' g ' true and correct.
Exe ted at Walnut Creek, Califor
On its 6 ay of April, 2006
.................................................................. .. . .....
Signature
Contra Costa Times ;
P 0 Box 4147
Walnut Creek, CA 94596
(925j 935-2525
Proof of Publication of: ✓
(attached is a copy of the legal advertisement that
published)
1 t.:
I Y
a�J cif✓ • J ✓ '/ .. ✓
�i
NOTICE OF ✓ t'f ,; • '
PUBLIC MEETING AND
AVAILABILITY OF DATA
The Contra Costa Countv
Board of Supervisors wits -
hold a public meeting on
Tuesday,April 11,2006 at
930 a.m, in the Board of l
Supervisors Chambers,
County Administration - - ^-
Buiidtrtg,651 Pine Street, -
Martinez, California, to
consider new device regg-
Istration fees relating to
ins�ectlon and testing of
we ghing and meazuring
devices and the pricing
accuracy of point-of-sale
systems required of the
County Sealer of weights
and Measures, oral and
written Comments on the
ad usted fee will be con-
siddered at the meeting.
At least ten(10)days pri•
roediacendF,opsordnnce a
e
schedule will be on
file in the office of the
Clerk of the Board of Su-
pervisors, located at the
above address,Room 106,
and will be available
there for public inspec-
tion.
Dated:March 27,20%
ATTEST:John Cullen
Clerk of the Board o
Supervisors and
County Administrator
Leg I CGT 5258 RP,Deputy
Pubiish March 30,April 5,
2006 •" .
I(
4
I
Anashia Lloyd To: EShar@cob.cccounty.us
/"`.r• <cctlegals@cctimes.c cc:
om> Subject: Re: NOTICE OF PUBLIC MEETING &AVAILABILITY OF DATA
03/29/2006 08:30 AM
Please respond to
cctlegals
THE FOLLOWING e-mail contains pertinent information; please read it carefully in its
entirety.
Good Morning. If you have any questions regarding the he legal notice confirmed below, please
reference the LEGAL NUMBER provided. Please only e-mail tocctlegalsOwtimes.com
regarding Contra Costa Times Concord Transcript, or Contra Costa Sun legal notices.
** UPDATE --RUN DATES CHANGED **
** LEGAL SCHEDULE CONFIRMATION **
TYPE: ]n-Column Liner, Classified Section
LEGAL NUMBER: 5258
PO#: 1 145
Publication: CCT
Run Date(s): 03/30, 04/05
Legal Acct#:.2004191
Total Amount: $137.60
REVISIONS/CANCELLATIONS: I will need a cancellation requestreferencing the LEGAL
NUMBER_or all changes to the 04/05 PUBLICATION attached in a final draft Microsoft
Word Document —e-mailed to cctleaals(a_?cctimes.com by no later than 4 PM, Mon., 04/03.
Otherwise, the legal-will publish as you e-mailed. Thanks!
** ORIGINAL INFO **
** LEGAL SCHEDULE CONFIRMATION **
TYPE: In-Column Liner, Classified Section
LEGAL NUMBER: 5258
PO#: 1 145
Publication: CCT
Run Date(s): 03/30, 04/04
Legal Acct#: 200 4197
Total Amount: $137.60
Anashia Lloyd
Legal Advertising Coordinator
(925) 943-8019
(925) 943-8359 —fax
Contra Costa Times
ATTN: Legal Dept.
P.O. Box 4718
Walnut Creek, CA 94596
cctlegals@cctimes.com
EShar@cob.cccounty.us wrote:
Emelda L. Sharp
Clerk of the Board
----- Forwarded by Emelda Sharp/COB/CCC on 03/28/2006 02:13 PM -----
Emelda Sharp
To: cctlegals@cctimes.com
03/28/2006 02:05 cc:
PM Subject: Re: NOTICE OF PUBLIC MEETING&
AVAILABILITY OF DATA(Document link:
Emelda Sharp)
Anashia,
With regards to my publication under our Reference No. 1145, of the above
NOTICE OF PUBLIC MEETING, which I e-mailed to you yesterday, the County
Counsel
would like to make a revision on the second date of publication, from APRIL 04, 2006 to
APRIL 05, 2006, so there will be five (5) days in between the first MARCH 30 and the
second
publication APRIL 05, 2006.
Thank you for your attention and patience. Sony for all the inconvenience.
Emelda L. Sharp
Clerk of the Board
Contra Costa Times
ATTN: Legal Dept.
P.O. Box 4718
Walnut Creek, CA 94596
cctlegals@cctimes.com
EShar@cob.cccounty.us wrote:
Emelda L. Sharp
Clerk of the Board
----- Forwarded by Emelda Sharp/COB/CCC on 03/28/2006 02:13 PM -----
Emelda Sharp
To: cctlegals@cctimes.com
03/28/2006 02:05 cc:
PM Subject: Re: NOTICE OF PUBLIC MEETING&
AVAILABILITY OF DATA(Document link:
Emelda Sharp)
Anashia,
With regards to my publication under our Reference No. 1145, of the above
NOTICE OF PUBLIC MEETING, which I e-mailed to you yesterday, the County
Counsel
would like to make a revision on the second date of publication, from APRIL 04, 2006 to
APRIL 05, 2006, so there will be five (5) days in between the first MARCH 30 and the
second
publication APRIL 05, 2006.
Thank you for your attention and patience. Sony for all the inconvenience.
Emelda L. Sharp
Clerk of the Board
r Emelda Sharp To: cctlegals@cctimes.com
cc
' 03/28/2006 02:05 PM Subject: Re: NOTICE OF PUBLIC MEETING&AVAILABILITY OF DATA[j
Anashia,
With regards to my publication under our Reference No. 1145, of the above
NOTICE OF PUBLIC MEETING, which I e-mailed to you yesterday, the County Counsel
would like to make a revision on the second date of publication, from APRIL 04, 2006 to
APRIL 05, 2006, so there will be five (5) days in between the first MARCH 30 and the second
publication APRIL 05, 2006.
Thank you for your attention and patience. Sorryfor all the inconvenience.
Emelda L. Sharp
Clerk of the Board
Emelda Sharp To: cctlegals@cctimes.com
cc.
03/27/2006 02:02 PM Subject: NOTICE OF PUBLIC MEETING &AVAILABILITY OF DATA
Dear Anashia,
I am so sorry to tell you, please delete the first publication request because
the County Counsel revised the language of the above NOTICE OF PUBLIC MEETING.
Please honor this second request and publish in your CONTRA COSTA TIMES
on MARCH 30, 2006 and APRIL 04, 2006, under the same REF. NO. 1145.
Sorry for the inconvenience and thank you for your patience.
NOTICE OF PUBLIC MEETING &AVAILABILITY OF DATA WEIGHTS & MEA:
Emelda L. Sharp
Clerk of the Board
LEGAL PUBLICATION REQUISTION
Contra Costa County
From: Clerk of the Board To: Contra Costa Times
651 Pine St., Room 106 PO Box 5124
Martinez, CA 94553 Walnut Creek,-CA-94596
Requested by: . Date:
EMY L. SHARP MARCH 27 , 2006
.
- I
Phone No:. 925-335-1903 Reference No:
Org: 'Sub Object: 2190 Task: SAS Activity:
MARCH 30, 2006
Publication Date (s): APRIL IQ 2006
No. of Pages: (2)
NOTICE OF PUBLIC MEETING AND AVAILABILITY OF DATA
LEGAL PUBLICATION- INTRODUCTION OF ORDINANCE NO. 2006-09
"E-MAIL"
•"•Immediately upon expiration ofpublication 0.01 . — —
send in one afridavit for each publication in
order that the auditor-may be authorized to pay your bill-
Authorized Signatur
Please confirm date of publication & receipt of this fax.
NOTICE OF PUBLIC MEETING AND AVAILABILITY OF DATA
The Contra Costa County Board of Supervisors will hold a public meeting on Tuesday,
April 11, 2006, at 9:30 a.m. in the Board of Supervisors Chambers, County
Administration Building, 651 Pine Street, Martinez, California, to consider new device
registration fees relating to inspection and testing of weighing and measuring devices
and the pricing accuracy of point-of-sale systems required of the County Sealer of
Weights and Measures. Oral and written comments on the adjusted fee will be
considered at the meeting.
At least ten (10) days prior to April 11 , 2006, the proposed ordinance and fee schedule
will be on file in the office of the Clerk of the Board of Supervisors, located at the above
address, Room 106, and will be available there for public inspection.
Dated: March 27, 2006 ATTEST: John Cullen, Clerk of
the Board of Supervisors and
County Administrator
DATES OF PUBLICATIONS:
By: EMY L. SHARP
Deputy
MARCH 30, 2006
APRIL 05 2006