Sec 41-2091. Licensing devices used for commercial purposes; authorization to test devices used for all other purposes; fees; certification; transaction privilege tax license records; notification; issuance and revocation of license; violation; classification

A. A person shall not use a commercial device unless the device is licensed or certified as provided in this chapter.

B. A license shall be obtained annually from the department on forms prescribed and furnished by the department. The fee prescribed in this chapter shall be submitted with the prescribed form. A license shall be obtained not later than thirty days following the first day of commercial use for original installations. If the ownership of a device that is licensed is transferred, the ownership of the license may be transferred. On transfer of a license, new licensees shall notify the department of the licensee's name and address and the location of the device. A license for a device shall be posted at the licensed business location in a manner that provides the department access to the license during normal business hours.

C. If a fare is based on time or mileage or both time and mileage, a taxi shall have a commercial device and shall obtain a license as prescribed by the department, except that if the service offered by the taxi is a prearranged ground transportation service as defined in section 28-141 for a predetermined fare, a taxi shall not be required to use a commercial device.

D. Any license issued under this chapter applies only to the instrument or device specified in the license, except that the director may permit the license to be applicable to a replacement for the original instrument or device.

E. Noncommercial devices may be tested by the department pursuant to this chapter. A weighing device owned by a person who uses it only for the purpose of weighing the person's own livestock or agricultural products and for no commercial purposes is declared to be a noncommercial device, and the owner of the device is exempt from paying any licensing fees collected pursuant to this chapter.

F. If a commercial livestock scale is used for thirty or more days in a calendar year, the scale is required to be licensed. If a commercial livestock scale is used for fewer than thirty days in a calendar year, the scale is required to be certified. If an owner or operator of a commercial livestock scale requests that the department certify the scale, the certification fee shall be comparable to the license fee prescribed in section 41-2092. If an owner or operator of a noncommercial scale requests that the department certify the scale, the certification fee shall be comparable to the license fee prescribed in section 41-2092.

G. At the request of the owner or user of a portable batch plant, the department may certify the portable batch plant. If the department certifies a portable batch plant, the certification fee shall be comparable to the license fee prescribed in section 41-2092.

H. Any portable measuring device that is five gallons or less and that is properly marked by the manufacturer according to standards established by the national institute of standards and technology shall be exempt from the licensing and certification provisions of this chapter.

I. For the purpose of ascertaining compliance with the licensing provisions of this article, the department of revenue shall provide the department of weights and measures with a monthly report of all transaction privilege tax licenses issued in the prior month. The report shall include the business name, type of business and business address of the licensee.

J. The department of revenue shall annually notify each transaction privilege tax licensee that the licensee is required to register new or existing weighing or measuring devices with the department of weights and measures.

K. The department shall not issue a license for a taxi, livery vehicle or limousine, unless the taxi, livery vehicle or limousine meets the requirements for both of the following:

1. Motor vehicle licensing as prescribed by the department of transportation.

2. Motor vehicle insurance as prescribed by section 28-4033.

L. The department shall revoke a license if the taxi, livery vehicle or limousine fails to maintain the requirements for either of the following:

1. Motor vehicle licensing as prescribed by the department of transportation.

2. Motor vehicle insurance as prescribed by section 28-4033.

M. A taxi or livery vehicle shall have a license issued under this chapter posted on the outside of the rear window as required by the department. A limousine shall carry a license issued under this chapter inside the vehicle at all times.

N. A taxi that is licensed by the department and that offers local transportation for a fare determined on the basis of the distance traveled or prearranged ground transportation service as defined in section 28-141 for a predetermined fare is not required to be additionally licensed as a livery vehicle.

O. A person or the person's agent who knowingly files with the department any notice, statement or other document required under this section that is false or that contains any material misstatement of fact is guilty of a class 2 misdemeanor.

(L14, Ch. 47, sec. 1. Eff. until 7/1/16)