[HISTORY: Adopted by the Common Council of the City of Monona
as Title 7, Ch. 14, of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Transient merchants — See Ch. 404.
As used in this chapter, unless the context or subject matter
requires otherwise, the following terms shall have the meanings indicated:
Includes barter or exchange and any offering or exposing
for sale or possession with intent to sell.
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 or manufactured) or water
when the same are operated in a public utility system.
No person, firm or corporation shall operate weights and measures,
weighing or measuring devices, and systems and accessories relating
thereto, which are used commercially within the City of Monona in
determining the weight, measure or count of commodities or things
sold or purchased or offered or exposed for sale on the basis of weight,
measure or count, unless licensed pursuant to the provisions of this
chapter. A license shall be valid for one year and shall expire on
June 30. A new license for six months of the license year or less
shall be 50% of the annual license fee; all others shall be for the
full amount. No license fee shall be refunded once a license or permit
has been issued. A late filing fee of 15% of the license fee or a
minimum of $3, whichever is greater, shall be required to be paid
prior to the granting of the license for each of the following:
Application for a weighing or measuring device license shall
be made in writing on a form provided for such purpose by the City
Clerk. The application shall state the specific descriptions and identifications
of each weighing and measuring device to be licensed, the location
of the devices, the applicant's full name and post office address
and whether the person is an individual, firm or corporation and,
if a partnership, the names of partners together with their addresses,
and the signatures of the applicants. No device shall be added to
any premises and put into use during the license year unless application
is made for such device and the fee paid.
A.
Issuance. The City Clerk shall annually issue a license to the applicant
based on the total number of weighing and measuring devices operated
by the applicant and reviewed by the Wisconsin Department of Agriculture,
Trade and Consumer Protection, if the requirements of this chapter
have been complied with, and upon payment to the City Treasurer the
fee required according to the City's Schedule of Fee, Forfeiture and
Deposit for each device.[1]
B.
Display of license. Persons licensed under the provisions of this
chapter shall immediately post their license upon some part of the
premises on which the business is conducted which is conspicuous to
its patrons, and said license shall remain posted for the period the
license is in force.
C.
Suspension of license. Notwithstanding the other provisions of this chapter, whenever the City Clerk or a Monona police officer finds that business on any licensed premises is conducted or managed in such a manner that there is any violation of any ordinances or regulations of the City of Monona, the laws of the State of Wisconsin, or regulations of the National Bureau of Standards relating to weights and measures, he/she may issue a written notice to the license holder, operator or employee in charge of the licensed premises, citing such condition and specifying the corrective action to be taken. If deemed necessary, such order shall state that the license is immediately suspended and all weighing and measuring operations are to be discontinued. Any person to whom such an order is issued shall comply immediately but may appeal such order in accordance with Chapter 7, Administrative Review, of the Code of the City of Monona. Failure to allow an authorized inspector immediate access to the premises to determine whether such grounds exist shall be grounds for suspension.[2]
D.
Transfer of license. No license may be transferred unless otherwise
provided for by the ordinances of the City. No license shall be issued
to or used by any person acting as agent for or in the employ of another.
