§ 2730 - Licensing for operation of weighing and measuring devices
§ 2730. Licensing for operation of weighing and measuring devices (a) As used in this section: (1) "Secretary" means the secretary of the agency of agriculture, food and markets. (2) "Capacity" means, for a scale, the heaviest specified load that can be applied to the load-receiving element of the scale, as rated by the manufacturer. (3) "Hopper scale" means a weighing device designed for weighing bulk commodities whose load-receiving element is a tank, box, or hopper mounted on a weighing element. (4) "Motor fuel dispenser meter" means a device designed for the measurement and delivery of liquids used as fuel for internal combustion engines. (5) "Scale" means any weighing device used in commercial trade and not otherwise covered by this chapter. (6) "Meter" means any measuring device used in commercial trade which measures vapor, liquid, elapsed time, or distance. (7) "Vehicle tank meter" means a measuring device which is affixed to a tank mounted on a vehicle used for the measurement and delivery of petroleum products, except liquified petroleum gas. (8) "Vehicle scales" mean scales adapted to weighing highway, farm, or other large industrial vehicles, except railroad freight cars, loaded or unloaded. (9) "Heavy duty scale" means a device with rated capacity in excess of 3,000 pounds. (10) "Propane meter" means a device used to measure liquified petroleum gas. (11) "Bulk plant meter" means a device used to measure fluid or gas moving from storage tanks to tanks mounted on vehicles. (12) "Commercial" means the exchange or buying and selling of goods, commodities, or services, for profit or fee. (13) "Medium duty scale" means a device with rated capacity between 100 and 3,000 pounds. (b) No person shall operate a commercial weighing and measuring device without first obtaining a license from the secretary. Any person operating commercial weighing and measuring devices at more than one location, or in more than one motor vehicle, shall obtain a separate license for each location or vehicle. (c) Any person wishing to obtain a license to operate a weighing or measuring device shall annually apply to the secretary, on forms provided by the secretary, on or before January 1. Each application shall be accompanied by a fee as specified in this section. Except for new applicants, any applicant who applies for a license after January 1 shall pay an additional late fee equal to 10 percent of the specified fee. (d) The secretary may suspend, revoke or deny a license application if the licensee, or applicant, has violated any provision of this chapter. The secretary may require reapplication and payment of appropriate fees whenever excessive inspections are required to insure the credibility of a commercial device. A person in violation of this section shall be subject to penalty under subchapter 7 of this chapter. (e) The secretary shall not issue a weighing and measuring device license unless: (1) The device to be operated has been inspected and approved by the agency of agriculture, food and market's consumer assurance section within 12 months of the date of application. (2) The applicant furnishes all information required by the red by the secretary. (f)(1) The secretary shall charge, per unit, the following annual license fees: (A) Retail motor fuel dispenser meter: $15.00. (B) Vehicle tank meter: $50.00. (C) Scales: $10.00. (D) Vehicle and heavy duty scales: $150.00. (E) Taxi meter: $10.00. (F) Meter: $5.00. (G) Bulk plant meter: $100.00. (H) Truck mounted propane meter: $150.00. (I) Hopper scales: $75.00. (J) Propane fill station: $50.00. (K) Medium duty scales: portable platform scales: $10.00. all others: $30.00. (2) When the agency incurs expenses when conducting a licensing procedure greater than those normally incurred, the agency shall assess and retain a service charge sufficient to recoup its additional expenses.
(g) License fee exemptions. (1) Any person who operates a commercial scale in a facility having less than 2,000 square feet of floor space shall be exempt from the license fee provisions of subdivision (f)(1)(C) of this section. (2) Any person who operates three or fewer motor fuel dispensers shall be exempt from the license fee requirement of subdivision (f)(1)(A) of this section. (3) The exemptions in this subsection shall not apply to any person who operates commercial weighing and measuring devices at more than one location. The exemptions are also not applicable to a person who is affiliated with another person operating commercial weighing and measuring devices, through common ownership, franchise agreement, joint venture or other similar business arrangement. The secretary shall not issue refunds for overpayment of fees on scales and gas pumps that are subject to exemptions under subdivisions (1) and (2) of this subsection, or for single scales under subdivision (f)(1)(C) of this section, as long as the application form includes instructions explaining the process for claiming these exemptions. (h) The secretary may waive the license fee for medium duty scales for commercial enterprises which operate the scales primarily as a public service. (Added 1989, No. 257 (Adj. Sess.), § 19; amended 1991, No. 31, §§ 2-4, eff. Jan. 1, 1992; No. 80, §§ 2-4; 1991, No. 227 (Adj. Sess.), § 7; 1993, No. 74, §§ 7, 7a; 1995, No. 128 (Adj. Sess.), §§ 6, 7; 1999, No. 49, § 129; 2001, No. 143 (Adj. Sess.), § 43, eff. June 21, 2002; 2003, No. 42, § 2, eff. May 27, 2003.)