[Added 5-10-2010 by Ord.
No. 10-07]
Except as otherwise specifically provided in this section, the provisions of Chapter 98, Wis. Stats., Weights and Measures and Chapters ATCP 90, 91 and 92 of the Wisconsin Administrative Code are hereby adopted and by reference made a part of this section as though fully set forth herein. Any act required to be performed, or prohibited by any statute or code incorporated herein by reference, is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes and codes incorporated herein are intended to be made a part of this section.
(a)
State
contract. In order to assure compliance with the requirements of the
State of Wisconsin related to the inspection and certification of
weights and measures, the City shall contract with the State of Wisconsin
Department of Agriculture, Trade and Consumer Protection, pursuant
to § 98.04(2), Wis. Stats., in lieu of the establishment
of a department of weights and measures.
(b)
Appointment of inspectors. The provisions of the contract set forth in Subsection (a), shall provide for the enforcement of the statutes and regulations set forth herein, and the City hereby grants the authority and duties of sealers and inspectors required by this section to the State of Wisconsin Department of Agriculture, Trade and Consumer Protection.
(c)
Compliance
required. All persons and entities required to be licensed hereunder
shall comply with the enforcement of the statutes and regulations
set forth herein, shall comply with the orders and inspections of
the inspectors appointed herein, and shall comply with the licensing
requirements set forth herein.
As used in this article, the following terms shall have the
meanings indicated:
Weights and measures of every kind, instruments and devices
for weighing and measuring, 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 same are operated in a public utility system. "Weights and
measures" shall include 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, and shall include, but not be limited to, commodities, liquid
measuring devices, scales, weighing, measuring, price verification
systems, timing devices and linear measuring devices.
The program that includes administration and enforcement of this section, Chapter 98, Wis. Stat, applicable Wisconsin Administrative Code provisions, and any related actions.
(a)
License requirements. Except as provided in Subsection (b), no person or entity shall use, operate or maintain any commercial weights and measures as defined in this section unless the person or entity is licensed by a weights and measures license issued pursuant to the provisions of this section.
(b)
Exemptions.
Sales by a person registered as a direct seller or by a holder of
a farmer’s market, vendor or special event permit are exempt
from licensing under this section, but if any person exempted herein
is required by the state to hold a state certificate of examination
by the Sealer of Weights and Measures, a copy of said certificate
shall be provided to the City with his or her application for said
permit.
An application for a weights and measures license shall be made
in writing on a form provided by the City Clerk and shall be signed
by the owner of the commercial business or by its authorized agent.
Such application shall state the type of business, the type and number
of weighing, measuring and scanning devices used by the business,
the location of the devices, the number of check-out lanes present
on the premises, the applicant’s full name, post office address
and telephone number, and whether such applicant is an individual,
partnership, limited liability company, corporation or other entity.
If the applicant is a partnership, the application shall state the
names and addresses of each partner. If the applicant is a corporation
or limited liability company, the application shall state the names
and addresses of all officers and agents of the applicant, including
the registered agent thereof.
Upon compliance with this section, the City Clerk shall determine
the fee based on the number of devices, and shall issue a license
to the applicant upon payment of the annual license fee of $20. Each
store or other business shall require a separate license.
(a)
A license issued under this section shall expire on June 30 of each year. Except as provided in Subsection (b), the license fee shall not be prorated for a partial year.
(b)
The
initial license issued to businesses existing on the effective date
of this section shall be for the balance of the year 2010, and the
license fee shall be 1/2 of the cost of a full-year’s license.
It shall be the duty of the City Clerk to notify appropriate
City officials and to order the immediate enforcement of the provisions
of this section in cases involving a failure to renew a weights and
measures license. A licensee shall be prohibited from engaging in
any business involved in weights and measures until such time as a
valid license has been obtained under the provisions of this section.
(a)
Annual
assessment. In addition to the cost of the license, the City Clerk
shall annually assess fees to each licensee based on the number of
devices it holds. The total of the fees assessed and collected under
this subsection shall not exceed the actual costs of the weights and
measures contract between the City and the state.
(b)
Failure
to pay assessment. If the assessed fee is not paid within 30 days
of the date of the mailing of the invoice, an additional administrative
collection charge of $20 shall be added to the amount due, plus interest
shall accrue on the assessment at the rate of 1.5% 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 business is located,
any delinquent assessment shall be extended upon the current or the
next tax bill as a special charge against the real estate premises
for current services. No license shall be issued or renewed under
this section if the licensee is delinquent in the payment of a fee
assessed under this section.
(c)
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 shown on the application
form.
(d)
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.
In addition to any other remedy, any person who fails to comply
with the provisions of this section shall, upon conviction thereof,
forfeit not less than $100 nor more than $250 plus court costs. Each
day a violation exists or continues shall constitute a separate offense.
