[HISTORY: Adopted by the Village Board of
the Village of Greendale 12-16-2003 by Ord. No. 804 (Ch. 27 of the Code of Ordinances).
Amendments noted where applicable.]
The following words, terms and phrases, when
used in this chapter, shall have the meaning ascribed to them in this
section, except where the context clearly indicates a different meaning:
The Village Clerk-Treasurer's department or office.
As applied to weights and measures and commodities, includes
any failure to comply with the requirements of this chapter.
Any commodity put up or packaged in any manner in advance
of sale in units suitable for either wholesale or retail sale.
The Village Sealer of Weights and Measures.
Includes barter or exchange and any offering or exposing
for sale or possession with the intent to sell.
Net weight when used in reference to a commodity.
Weights and measures of every kind, instruments and devices
for weighing and measuring, counting or pricing and any appliances
and accessories used with any or all such instruments and devices,
except meters for the measurement of electricity, gas (natural and
manufactured) or water when the meters are operated in a public utility
system, and scales under the control of the Grain and Warehouse Commission.
(1)
Police power is hereby conferred upon the Sealer of
Weights and Measures. He shall be provided with suitable badges or
insignia of authority and in the exercise of his functions shall exhibit
the badge or insignia upon demand to any person questioning his powers.
He may make arrests, with or without formal warrant, of any persons
violating any statute or ordinance relating to weights and measures.
(2)
The Sealer may enter and go into or upon any structure
or premises and may stop any person or vehicle for the purpose of
enforcing this chapter. He shall inspect and test any weights or commodities
which are sold or used commercially as often as necessary to secure
compliance with this chapter. The Sealer shall approve for use and
seal or mark with appropriate devices such weights and measures as
found upon inspection and test to be correct and shall reject and
mark or tag as rejected such weights and measures as found upon inspection
or test to be incorrect but which in his best judgment are susceptible
of satisfactory repair. Weights and measures that have been rejected
or condemned may be confiscated and may be destroyed by the Sealer
if not corrected as required by the Sealer or if used or disposed
of contrary to this chapter.
(3)
The Sealer shall have the power to issue stop (use)
orders, stop sale orders and disposal orders with respect to weights
and measures being, or susceptible of being, commercially used and
to issue stop sale orders and disposal orders with respect to packages
or amounts of commodities kept, offered or exposed for sale, sold,
or in process of delivery, whenever in the course of his enforcement
of the provisions of this chapter he deems it necessary or expedient
to issue such orders. No person shall use, remove from the premises
specified, or fail to remove from the premises specified any weight,
measure or package or amount of commodity contrary to the terms of
a stop use order, stop sale order or disposal order issued under the
authority of this section.
(4)
The Sealer shall investigate complaints made to him
concerning violations of the provisions of this chapter and shall,
upon his own initiative, conduct such investigations as he deems appropriate
and advisable to develop information on prevailing procedures in commercial
quantity determination and on possible violations of the provisions
of this chapter and to promote the general objective of accuracy in
the determination and representation of quantity in commercial transactions.
For the purpose of this chapter, proof of the
existence of a weight or measure or a weighting or measuring device
in or about any building, enclosure, stand or vehicle in which or
from which it is shown that buying or selling is commonly carried
on shall, in the absence of conclusive evidence to the contrary, be
presumptive proof of the regular use of such weight or measure or
weighing or measuring device for commercial purposes and of such use
by the person in charge of such building, enclosure, stand or vehicle.
The Village Sealer shall be appointed by the
Village Manager. The Department shall keep a complete record of its
work and annually shall file a report thereof with the State Department
of Agriculture, Trade and Consumer Protection and the Board of Trustees.
The Department shall also file such other reports as may be required.
The following federal standards, Wisconsin Statutes and state rules are adopted by reference and shall be enforced under this chapter, with violations of such provisions subject to the penalties set forth in § 27.07:
(1)
Chapter 98, Weights and Measures, Wis. Stats.
(2)
Chapter ATCP 90, Fair Packaging and Labeling, Wis.
Adm. Code.
(3)
Chapter ATCP 91, Selling Commodities by Weight, Measure
or Count, Wis. Adm. Code.
(4)
Chapter ATCP 109, Freezer Meat and Food Service Plans,
Wis. Adm. Code.
(5)
Chapter ATCP 92, Weights and Measures, Wis. Adm. Code.
(7)
Sections of Ch. 100, Wis. Stats., pertaining to advertising,
specifically including § 100.18, Fraudulent representations,
and § 100.183, Fraud, advertising foods.
(8)
National Institute of Standards and Technology (NIST)
Handbook 44, United States Department of Commerce, Specifications,
Tolerances and Other Technical Requirements and Commercial Weighing
and Measuring Devices.
(9)
Chapter ATCP 124, Price Comparison Advertising, Wis.
Adm. Code.
(1)
There shall be supplied by the Village such field
standards and such equipment as may be found necessary to carry out
the provisions of this chapter. The field standards shall be verified
by the State Department of Agriculture, Trade and Consumer Protection
upon their initial receipt and at regular intervals thereafter stipulated
by the state.
(2)
The specifications, tolerances and regulations for
commercial weighing and measuring devices issued by the National Institute
of Standards and Technology shall apply in the Village except as modified
by rules issued by the State Department of Agriculture, Trade and
Consumer Protection.
Whoever does any of the following acts shall be subject to the penalty provided in § 25.04 of this Code;
(1)
Hinders, obstructs or impersonates the Sealer.
(2)
Uses or has in possession for use in buying or selling
any commodity or service or sells any incorrect weight or measure.
(3)
Represents in any manner a false quantity or price
in connection with the purchase or sale, or any advertising thereof,
of any commodity, thing or service.
(4)
Uses or disposes of any rejected weight or measure
commodity or removes therefrom any official tag, seal, stamp or mark
without written authority from the Sealer.
(5)
Uses any weighing or measuring device in determining the quantity of any commodity or service to be sold or purchased without having the device approved and sealed by the Sealer and the proper certificate obtained in accordance with § 27.08.
(6)
Violates any other provision of this chapter.
The owner, operator or user of any commercial
weights and measures equipment, devices or associated equipment is
responsible for the accuracy and maintenance of the equipment.
(1)
It shall be the duty of every owner, operator or user
to notify the Sealer in writing of the acquisition of any device,
whether new, rebuilt or used, or of the major repair, conversion or
calibration of any device already in use. The notification shall be
accomplished within 72 hours of the introduction or reintroduction
into use of the device.
(2)
Commercial weights and measures devices regulated by this chapter shall bear security seals appropriately affixed to any adjustment mechanisms designed to be sealed. The security seals shall bear the mark or imprint of the Sealer or other weights and measures official or service persons authorized by the Sealer. The security seal may only be removed to facilitate repairs of devices. The Sealer shall be notified of the repairs and removal of the seal within 72 hours of removal or of the introduction of a new, rebuilt or used device in accordance with Subsection (1) of this section so that the devices may be sealed or resealed.
(3)
Transient merchants purchasing or selling commodities
or services by weight or measure either from bulk or in packaged form
shall notify the Sealer and receive the approval of the Sealer before
purchasing or selling activities may be commenced. At the Sealer's
discretion the transient merchant may be approved for a calendar year
and the subsequent notification requirement may be waived. Sellers
of farm produce and seafood vendors operating from other than a continuous,
permanent location shall also meet these requirements. Transients
operating as part of a licensed Village farm market are exempted from
this requirement.
(1)
Commodities in liquid form shall be sold by liquid
measure and commodities not in liquid form shall be sold by weight,
provided that liquid commodities may be sold by weight and commodities
not in liquid form may be sold by count or measure if such methods
are in general use and give accurate information as to the quantity
of commodity sold.
(2)
Berries and small fruits may be sold by measure only
if in containers having capacities of 1/2 dry pint, one dry pint or
one dry quart.
(3)
It shall be unlawful to advertise, offer for sale
or sell within the Village firewood, fireplace wood, slab wood or
stove wood in any other manner than by the cord, fractions of a cord,
volumetric measure or by weight.
(a)
Mill ends, lumber scraps, and irregular pieces when
sold for fuel shall be sold by net weight.
(b)
The cord is hereby defined for purposes of this section
as the amount of wood, or a combustible, fibrous growth, which is
contained in a space of 128 cubic feet, when the wood is ranked and
well stowed.
(c)
A single log and packages of such individual logs
containing less than four cubic feet commonly referred to as "bundles"
shall be sold by net weight.
(4)
Per custom, "128 cubic feet" generally means a stack
of wood four feet by four feet by eight feet. "Ranked and well stowed"
shall be construed to mean pieces of wood placed in a line or row
with individual pieces touching and parallel to each other and stacked
in a compact manner.
(5)
This section shall not apply to commodities sold in
compliance with a state or federal law which prescribes another method
of sale or to commodities for immediate consumption on the premises
where sold.
(1)
No commodity which is marked, tagged or labeled, or
for which a sign is displayed, with a selling price based upon a price
per unit of weight or measure shall be sold unless the weight or measure
of the commodity is conspicuously declared on the commodity or on
its tag, label or sign. If a commodity is wrapped or labeled in advance
of sale with a price affixed to the commodity or wrapping, the quantity
that determines that price shall appear on the package with the price
even though the quantity may already appear on a counter card or sign.
(2)
No commodity shall be wrapped or its container made,
formed or filled so as to mislead the purchaser; nor shall the qualifying
term "when packaged" or the terms "jumbo" or "giant" or "full" or
words of similar import that tend to mislead the purchaser as to the
amount of the commodity be used in connection with a declaration of
quantity.
(3)
In addition to the order declarations required by
this section, any commodity in package form, the package being one
of a lot containing random weights, measures or counts of the same
commodity and bearing the total selling price of the package, shall
bear on the outside of the package a plain and conspicuous declaration
of the price per single unit of weight, measure or count.
The magnitude of permitted variations from declared
quantity shall be determined as follows:
(1)
The compliance of commodities sold, either in bulk
or in prepackaged form, shall be based upon the results of the application
of inspection procedures and tolerances as set forth by the State
Department of Agriculture, Trade and Consumer Protection.
(2)
Commodities, both in bulk or prepackaged form, found
in violation of this chapter after test and analysis of a random or
statistical sample shall be acted upon either individually or on a
by-the-lot basis.
Whenever a commodity in bulk or packaged form
is advertised in any manner and the price of the commodity is stated
in the advertisement, there shall be closely and conspicuously associated
with such statement of price a declaration of the quantity, of contents
offered in the case of packaged commodity, or of the price per unit
and the unit based upon in the case of a bulk commodity.
(1)
When the commodity is in packaged form, the quantity,
as it appears on the package, shall likewise appear in the advertisement,
provided that where the law or regulation requires a dual declaration
only, that declaration setting forth the quantity in terms of the
smaller unit of weight or measure (the declaration that is required
to appear first on the package) need appear in the advertisement.
(2)
Whenever any commodity is advertised as described, the appropriate method of sale as set forth in § 27.09 and in state statutes and rules adopted by reference shall also be applied in the advertisement.
(3)
There shall not be included as part of the declaration
required under this section such qualifying terms as "when packaged,"
"minimum," "not less then" or any other terms of similar import, nor
any term qualifying a unit of weight, measure, or count, for example
"jumbo," "giant," "full" and the like, that tends to exaggerate the
amount of commodity in the package.
(1)
Generally. Whenever any commodity or service is sold
or is offered, exposed, or advertised for sale, by weight, measure
or count, the price shall not be misrepresented, nor shall the price
be represented in any manner calculated or tending to mislead or deceive
an actual or prospective purchaser. Whenever an advertised, posted
or labeled price per unit of weight, measure or count includes a fraction
of a cent, all elements of the fraction shall be prominently displayed
and the numerals expressing the fraction shall be immediately adjacent
to, of the same general design and style as, and at least 1/2 the
height and width of the numerals representing the whole cents.
(2)
Cash registers and similar devices. Prices generated
by a device such as a cash register or scanning system are also affected
under this section. The Sealer shall inspect and test such systems
and monitor pricing declarations made by a relative to them, such
as pricing signs, shelf tags or individually price-marked units, to
ensure agreement of all prices. Prices generated by these systems
shall wholly agree with posted or premarked prices for the item being
sold.
(a)
Cash registers. Each cash register used in buying
and selling transactions shall be maintained in proper operating condition
by its owner. All components, attachments and functions of the register
shall be operating correctly as designed. All pricing representations
shall be accurate.
(b)
UPC, scanning and point of sale systems. Pricing systems
utilizing a scanning device such as a handheld gun or wand, or counter-mounted
scanner units at retail checkouts which read universal product code
systems or other bar code labels and the like, shall be maintained
in proper operating conditions and be so calibrated to accurately
read the intended systems and then generate the proper description
and price for the given code.
(3)
Price refunds; price information.
(a)
A person who uses an electronic scanner to record
the price of a commodity or thing at a price higher than the posted,
tagged or advertised price of that commodity or thing at least shall
refund to a person who purchases the commodity or thing the difference
between the posted or advertised price of the commodity or thing and
the price charged at the time of sale.
(1)
All coal, coke and charcoal shall be sold by weight.
Unless the fuel is delivered to the purchaser in package form, each
delivery of coal, coke or charcoal to an individual purchaser shall
be accompanied by duplicate tickets on which, in ink or other indelible
substance, there is clearly stated:
(2)
One of these tickets shall be retained by the vendor
and the other shall be delivered to the purchaser at the time of delivery
of the fuel or shall be surrendered on demand to the Sealer, who,
if he desires to retain it as evidence, shall issue a weight slip
in lieu thereof for delivery to the purchaser. If the purchaser carries
away his purchase, the vendor shall be required only to give the purchaser
at the time of sale a delivery ticket stating the number of pounds
of fuel delivered to him.
(1)
As set forth in § 27.09(3), firewood, fireplace wood, slab wood or stove wood shall be sold only by units of a cord or fractions of a cord, by volumetric measure, or by weight. A delivery ticket or invoice shall be presented by the seller to the purchaser whenever any nonpackaged fireplace or stove wood is sold. The delivery ticket or sales invoice shall clearly and legible state in ink or other indelible substance at least the following information:
(a)
Name and address of seller;
(b)
Name and address of purchaser;
(c)
Date of delivery;
(d)
Quantity delivered and the quantity upon which the
price is based, if this differed from the delivered quantity;
(e)
The price of the amount delivered; and
(f)
The identity of the wood in the most descriptive terms
commercially practicable, including any quality representation made
in connection with the sale.
(2)
Units for firewood of less than four cubic feet, whether
sold a single logs or in packages consisting of two or more logs commonly
referred to as "bundles," shall be sold by net weight. No delivery
ticket or invoice is required; however, each package of two or more
logs shall be clearly and legible labeled, tagged or marked with the
name, address and zip code of the packager or distributor, the net
weight contained and the species of wood provided, for example "birch
firewood" or "mixed hardwood."
All heating oils and motor fuels shall be sold
by liquid measure or by net weight. In the case of each delivery of
liquid fuel not in package form and in an amount greater than 10 gallons
in the case of sale by liquid measure or 100 pounds in the case of
sale by weight, there shall be rendered to the purchaser, either at
the time of delivery or within a period mutually agreed upon in writing
or otherwise between the vendor and the purchaser, a delivery ticket
or a written statement on which, in ink or other indelible substance,
there shall be clearly and legibly stated:
(1)
The name and address of the vendor;
(2)
The name and address of the purchaser;
(3)
The identity of the type of fuel comprising the delivery;
(4)
The unit price, that is, the price per gallon or per
pound, as the case may be, of the fuel delivered;
(5)
In the case of sale by liquid measure, the liquid
volume of the delivery, together with the print meter readings from
which such liquid volume has been computed, expressed in terms of
the gallon and its binary or decimal subdivisions; and
(6)
In the case of sale by weight, the net weight of the
delivery, together with any weighing scale readings, from which such
net weight has been computed, expressed in terms of tons or pounds
avoirdupois.
Every wholesaler, retailer and every other person
selling or distributing motor fuel, heating oil or solvents in the
Village shall keep posted in a conspicuous place, accessible to the
public, at his place of business and on every pump from which delivery
is made directly into the fuel tank attached to a motor vehicle or
into any other vessel brought into same premises by the user, a placard,
sign or the like clearly stating the identity of each product dispensed,
i.e., the grade, blend or mixture of the product, and the net selling
price per gallon, along with the amount of all taxes per gallon thereon,
except that no such placard shall be required on a computer pump whereupon
the information described is legibly shown on the face.
For purposes of this article, "commercial weighing
or measuring devices" means those devices used or employed in establishing
the size, quantity, extent, area or measurement of quantities, things,
produce or articles for sale, hire or award, or in computing any basic
charge or payment for services rendered on the basis of weight or
measure.
No person shall operate weights and measures,
weighing or measuring devices and systems and accessories relating
thereto which are used commercially within the Village in determining
the weight, measure or count of commodities or things sold or purchased
or offered or exposed for sale on the basis of weight, measure or
count unless licensed pursuant to the provisions of this article.
Transients operating as a part of a licensed Village farm market are
exempted from this license. Those who may legally sell from bulk or
who prepackage for on-premises sale by weight or measure without weighing
and measuring devices shall also be licensed.
(1)
Licenses shall be required under this article commencing
January 1. All licenses shall expire or terminate on December 31 of
each year, except firewood dealer licenses shall expire on June 30.
No license fee shall be refunded if a license or permit is denied
or revoked for cause.
(2)
An annual processing fee shall be paid in addition
to any license fee due. The amount of the annual processing fee and
licensing fees shall be on file at the Clerk-Treasurer's office.
The application for a weighing or measuring
license shall be made in writing on a form provided for such purpose
by the Village Sealer. Such application shall state the type and number
of weighing and measuring devices to be licensed, the business address
where the devices are located, the applicant's full name, signature,
and post office address, and whether such person is an individual,
firm, corporation or partnership. The names and addresses of all officers
or partners shall be included.
The Village Sealer shall issue a license under
this article to the applicant based on the total number of weighing
and measuring devices operated by the applicant if the requirements
of this chapter have been complied with and upon payment to the Village
of the applicable fee. The fee for licensing of weighing and measuring
devices shall be on file with the Clerk-Treasurer's office.
Notwithstanding the provision for the requirement
of an annual license for weighing and measuring devices, whenever
a special request is made for consultation or the inspection or testing
of a noncategorized weighing or measuring device, the actual expenses
may be charged to the person or firm receiving the service. Such payment
or charge shall be based on the current hourly rate.
All persons licensed under the provisions of
this article shall immediately post their license upon some conspicuous
part of the premises on which the business is conducted and the license
shall remain posted for the period the license is in force.
No license issued under this article may be
transferred unless otherwise provided for by the ordinances of the
Village. No license shall be issued to or used by any person acting
for or in the employ of another.
Notwithstanding any other provisions of this
chapter, whenever the Village Sealer finds that business on any premises
licensed under this article is conducted or managed in such a matter
that there are serious or repeated violations of this chapter or violation
of any ordinances or regulations of the Village, the laws of the state
or regulations of the National Institute of Standards and Technology
relating to weights and measures, he may, without warning, notice
or hearing, issue a written notice to the license holder, operator
or employee in charge of the licensed premises in the Village of such
condition and specifying the corrective action to be taken. If deemed
necessary, such order shall state that the license is immediately
suspended and that all weighing and measuring operations are to be
discontinued. Any person to whom such an order is issued shall comply
immediately but upon written petition to the Board of Trustees shall
be afforded a hearing before the Board of Trustees within 20 days
of such petition. Failure to allow an inspector immediate access to
the premises to determine whether such grounds exist shall be grounds
for suspension.
For serious or repeated violations of any of
the requirements of this chapter or for interference with the Village
Sealer in the performance of his duties, the Village Sealer may permanently
revoke the license issued under this article. Prior to such action,
the Village Sealer shall notify the license holder in writing, stating
the reasons for which the license is subject to revocation, and advising
that the license shall be permanently revoked at the end of five days
following service of such notice unless a request for a hearing is
filed with the Board of Trustees by the license holder within such
five-day period.
The hearings provided for in this article shall
be conducted by the Finance Committee of the Board of Trustees at
a time and place designated by the Committee Chairperson. Based upon
the record of such hearing, the Village Sealer shall be charged with
enforcing the decisions of the Committee. A written report of a hearing
decision shall be furnished to the license holder by the Committee
Chairperson.
