A.
Authority. The provisions of Ch. 98, Wis. Stats., and
Wis. Adm. Code Ch. ATCP 92 are hereby adopted and incorporated herein
by reference as the regulations of the City pertaining to weights
and measures, and any amendments thereto. All performance required
thereunder shall be required in the City and all acts thereunder prohibited
shall also be prohibited in the City. This section is adopted under
the authority of § 98.04(1), Wis. Stats.
B.
Appointment of inspectors. Pursuant to § 98.04(2),
Wis. Stats., enforcement of this section shall be performed in the
City by the Department of Agriculture, Trade and Consumer Protection
in accord with a contract entered for that purpose in the City.
C.
COMMERCIAL WEIGHING OR MEASURING DEVICES
WEIGHTS AND MEASURERS PROGRAM
Definitions. In this division, the following definitions shall be
applicable:
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.
The program that includes administration and enforcement
of this division, Ch. 98, Wis. Stats., and applicable Wis. Adm. Code
provisions, and any related actions.
D.
Exemptions. Sales which are otherwise exempted by law
from operation of this division and the Statute and Administrative
Code provisions incorporated by reference, including those taking
place at farmers markets and under direct sellers, transient merchants
and solicitors regulations are exempted from the licensing requirements
under this Division.
A.
License required. Except as described in Section 7.03.51D, no person, firm or corporation shall operate or maintain any commercial weighing or measuring devices or any other weights and measures or systems and accessories related thereto which are used commercially within the City of Onalaska for determining the weight or measure of count unless each device is licensed by an annual weights and measures license issued pursuant to the provisions of this division, without having obtained and posted on the premises, in plain view, a license to operate such device.
B.
License application. Application shall be made to the
office of the City Clerk on the form provided by such office, accompanied
by a fee as set forth on the City of Onalaska Fee Schedule.
C.
Fee assessment.
1.
Annual assessment. On an annual basis, the Common Council
shall assess the costs of enforcement against those licensees whose
activities required such enforcement activity during the preceding
year. Each licensee shall be responsible for all of the charges levied
against the City by the State of Wisconsin for enforcement activities
pertaining to that particular licensee's regulated weighing and measuring
activities under this division. Upon approval of the annual assessment,
the City Clerk shall mail to each licensee an invoice for the amount
of the fee assessed to the licensee as determined by the Common Council
and each licensee shall pay the fee assessed within 30 days after
the date the invoice is mailed.
2.
Failure to pay assessment. If the assessed fee is not
paid within 30 days of the date of mailing of the invoice, an additional
administrative fee as set forth on the Onalaska Fee Schedule shall
be added to the amount due, plus interest shall accrue thereon at
the rate of 1% per month or fraction thereof until paid. If the licensee
is the owner of the real estate premises where the licensed weights
and measures devices are located, any delinquent assessment shall
be extended upon the current or the next tax roll as a charge against
the real estate premises for current services, as provided in § 66.0627,
Wis. Stats. No licenses shall be issued or renewed under this section
if the licensee is delinquent in the payment of a fee assessed under
this section.
3.
Mailing of notices. Schedules, notices and invoices
shall be considered delivered to a licensee when mailed by first class
mail, postage prepaid, to the licensee at the licensee's address as
shown on the application form.
4.
Change of ownership. If the ownership of a commercial
business licensed under this section 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 section.
D.
Issuance, term. The City Clerk shall issue a license
to the applicant upon approval of the application. Each separate store
or business location shall require a separate license. A license issued
under this section shall expire on June 30 of each year.
E.
Failure to renew a license. Any person failing to obtain
or renew a license as required under this division shall be subject
to injunctive relief as well as to assessment of the general penalty
as provided inSection 1.01.17 of the Code of Ordinances.
F.
Enforcement for violations. In the event that the office
of the City Clerk is informed of violations of this section and/or
statutes and administrative code provisions incorporated herein by
reference, the City Clerk shall refer the alleged violation to the
State of Wisconsin, Department of Agriculture, Trade and Consumer
Protection for enforcement.
