Except as otherwise specifically provided in this chapter, the
statutory provisions of Ch. 98, Weights and Measures, Wis. Stats.,
and Ch. ATCP 92, Weights and Measures, Wis. Adm. Code, are hereby
adopted and by reference made a part of this chapter as if 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 chapter. Any future amendments, revisions or modifications
of the statutes incorporated herein or Wisconsin Administrative Code
provisions incorporated herein are intended to be made a part of this
chapter. This chapter is adopted pursuant to the provisions of Ch.
98, Wis. Stats.
In order to assure compliance with this chapter, the Village
hereby grants the authority and duties of sealers and inspectors required
by this chapter to the State of Wisconsin Department of Agriculture,
Trade and Consumer Protection.
As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIAL WEIGHING OR MEASURING DEVICES
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.
WEIGHTS AND MEASURERS PROGRAM
The program that includes administration and enforcement
of this chapter, Ch. 98, Wis. Stats., and applicable Wisconsin Administrative
Code provisions and any related actions.
An application for a weights and measures license shall be made
in writing on a form provided for such purpose by the Village Clerk
and shall be signed by the owner of the commercial business or by
its authorized agent. Such applications shall state the type and number
of weighing and measuring devices to be licensed, location of the
devices, the applicant's full name and post office address, 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 name and address of all officers and agents of the
applicant, including the registered agent thereof.
[Amended 8-24-2020]
Upon compliance with this chapter, the Village Clerk shall issue
a license to the applicant upon payment of the license fee set by
the Village Board. Each store or other business location shall require
a separate license. The license fee shall not be prorated for a partial
year.
A license issued under this chapter shall expire on June 30
of each year.
It shall be the duty of the Village Clerk to notify the appropriate
Village officials and to order the immediate enforcement of the provisions
of this chapter in cases involving a failure to renew a weights and
measures license. A licensee shall be prohibited from operating or
maintaining a weighing or measuring device until such time as a valid
license has been obtained under the provisions of this chapter.
In addition to any other remedy, any person who fails to comply
with the provisions of this chapter shall, upon conviction thereof,
forfeit not less than $250 nor more than $500. Each day a violation
exists or continues shall constitute a separate offense.