[8-27-2012; 2016 Code]
Except as otherwise provided in this chapter, the provisions
of chapter 98 of the Wisconsin statutes and ATCP 92 of the Wisconsin
administrative code are hereby adopted and by reference made a part
of this chapter. Any act required or prohibited by any statute or
code incorporated in this chapter by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the sections of statutes or administrative code incorporated in
this chapter by reference are intended to be made a part of this chapter.
[8-27-2012; 2016 Code]
The city hereby grants the authority and duties of sealers and
inspectors required by this chapter to the department.
[8-27-2012; 2016 Code]
In this chapter:
Means an electronic scanner used to record the price of a
commodity or thing and a device used 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 goods or services provided on the basis of weight or measure.
Means the Wisconsin department of agriculture, trade and
consumer protection.
Means weights and measures of every kind, commercial weighing
and measuring devices, and any appliances and accessories used with
any or all such commercial weighing and measuring devices, except
meters for the measurement of electricity, natural and manufactured
gas, and water when operated in a public utility system.
Means a license issued pursuant to this chapter for the operation
and maintenance of commercial weighing and measuring devices.
Means the program for the administration and enforcement
of this chapter and applicable law.
[8-27-2012; 2016 Code]
(A)
License requirements. Except as provided in subsection (B), no person
shall operate for commercial purposes any commercial weighing and
measuring device within the city unless a weights and measures license
is issued pursuant to this chapter.
(B)
Exemptions. The following commercial weighing and measuring devices
are exempt from licensing under this chapter.
[8-27-2012; 2016 Code]
An application for a weights and measures license shall be made
in writing on a form provided for such purpose by the city clerk and
shall be signed by the applicant. Such application shall state the
type and number of commercial weighing and measuring devices to be
licensed, the location of such devices, the applicant's full
name and address, and whether such applicant is an individual, partnership,
limited liability company, corporation or other entity. If the applicant
is not an individual, the application shall state the names and addresses
of all principals, partners, officers and agents, including the registered
agent thereof.
[8-27-2012; 2016 Code]
Upon receipt of a weights and measures license application and
upon payment of an annual license fee in an amount set from time to
time by resolution of the council, the city clerk shall issue a weights
and measures license to the applicant. Each business location shall
be required to obtain a separate weights and measures license.
[8-27-2012; 2016 Code]
The weights and measures license shall be for a term not exceeding
one year, commencing on the date of issuance and ending on the next
June 30. If a weights and measures license is issued for a term of
less than one year, the license fee shall not be prorated.
[8-27-2012; 2016 Code]
It shall be unlawful to operate or maintain a commercial weighing
and measuring device until a valid weights and measures license has
been issued under this chapter.
[8-27-2012; 2016 Code]
(A)
Annual assessment. The council shall annually assess fees to each
licensee based upon the number and types of commercial weighing and
measuring devices authorized by the license issued to such licensee.
The total fees assessed and collected shall not exceed the actual
costs of the weights and measures program and administrative costs.
(B)
Clerk to prepare assessment. The city clerk shall annually prepare
a proposed schedule of assessments to be submitted to the council.
Each assessment shall be based upon the weights and measures license
application, inspection fee from the Department, annual reports from
the department detailing inspection hours, and the number of commercial
weighing and measuring devices licensed in the city;
(C)
Class 1 notice. The city clerk shall publish notice of meeting of
council to determine weights and measures assessments as a Class 1
notice and such notice shall specify that a copy of schedule of assessments
for weights and measures licensees is available in the office of the
city clerk upon request.
(D)
Council determines assessment. The council shall consider the city
clerk's proposed schedule of assessments and determine the assessments
on a reasonable basis. The city clerk shall mail to each weights and
measures licensee an invoice for the amount of the fee assessed as
determined by the council and each licensee shall pay the assessed
fee within thirty days after the date the invoice is mailed.
(E)
Failure to pay fee assessment. If the assessed fee is not paid within
thirty days after the date the invoice is mailed, an additional administrative
collection charge of 10 percent of the total fee shall be added to
the amount due, plus interest shall accrue thereon at 1.5 percent
per month or fraction thereof until paid. To the extent permitted
by law, if the licensee is the owner of the real estate where the
licensed commercial weighing and measuring devices are located, any
delinquent fee assessment shall be extended upon the current or the
next tax roll as a special charge against the real estate. No license
shall be issued or renewed under this chapter if the licensee is delinquent
in the payment of a fee assessed under this chapter.
(F)
Mailing of notices. Schedules, notices and invoices shall be considered
mailed to a licensee when mailed by first class mail, postage prepaid,
to the licensee at the licensee's address as stated on the weights
and measures application.
(G)
Change of ownership. If ownership of a business with commercial weighing
and measuring devices licensed under this chapter is transferred during
a license year, the owner of the business as of July 1 of the license
year shall be liable and responsible for the payment of the fees assessed
under this chapter.
[8-27-2012; 2016 Code]
Any person who violates any provision of this chapter shall
upon conviction be subject to a Class 1 forfeiture. Each day a violation
exists or continues to exist shall be a separate violation.
