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.
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 MEASURES 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.
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.
An application for a weights and measures license shall be made,
in writing, on a form provided for such purpose by the Village Clerk
or his/her designee 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.
Upon compliance with this chapter, the Village Clerk or his/her
designee shall issue a license to the applicant upon payment of an
annual license fee set by the Village Board. Each store or other business
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 or his/her designee
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.
Each violation of any provision of this Chapter
363 shall be subject to the penalties and remedies described in §
1-3 of this Code.