This article adopts the State of Wisconsin Weights and Measures
Regulations and establishes a Weights and Measures Program wherein
any person or entity subject to said regulations must obtain a license
in order for the City to comply with and recoup the costs of enforcing
said regulations. This article is adopted pursuant to the provisions
of Chapter 98, Wis. Stats.
Except as otherwise specifically provided in this article, 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 article 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 article. Any
future amendments, revisions or modifications of the statutes and
codes incorporated herein are intended to be made a part of this article.
As used in this article, the following terms shall have the
meanings indicated:
WEIGHTS AND MEASURES
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.
WEIGHTS AND MEASURES PROGRAM
The program that includes administration and enforcement
of this article, Chapter 98, Wis. Stats., applicable Wisconsin Administrative
Code provisions, and any related actions.
[Amended 12-18-2012 by Ord. No. 1103]
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 the business, the type and
number of weighing, measuring and scanning devices used by the business,
the location of the devices, the number of checkout lanes present
on the premises, the applicant's full name, post office address and
telephone, 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.
[Amended 12-18-2012 by Ord. No. 1103]
Upon compliance with this article, the City Clerk shall determine
the class of license to be issued, and shall issue a license to the
applicant upon payment of the annual license fee set by the City Council.
Each store or other business shall require a separate license.
[Amended 12-18-2012 by Ord. No. 1103]
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 article 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 article.
In addition to any other remedy, any person who fails to comply
with the provisions of this article shall, upon conviction thereof,
forfeit not less than $100 nor more than $250. Each day a violation
exists or continues shall constitute a separate offense.