Does the classification of a revenue-producing device by the California Department of Health and Social Services determine the lawfulness of the device?

California, United States of America


The following excerpt is from Kern County Farm Bureau v. County of Kern, 19 Cal.App.4th 1416, 23 Cal.Rptr.2d 910 (Cal. App. 1993):

[19 Cal.App.4th 1422] Although the classification of a revenue-producing device can be determinative of the lawfulness of the device, courts look to the actual attributes of the device as enacted in order to arrive at the proper classification; the label attached to the device by the local government is not determinative. (Rider v. County of San Diego (1991) 1 Cal.4th 1, 14-15, 2 Cal.Rptr.2d 490, 820 P.2d 1000.)

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