[Adopted 10-17-2006 by Ord. No. 992 (Title 3, Ch. 10, of the 2009 Code
of Ordinances)]
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.
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 article 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 article, Chapter 98, Wis. Stats., 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 article unless the person or entity is licensed by a Weights and Measures License issued pursuant to the provisions of this article.
B.
Exemptions. Sales by a person registered as a direct seller, or by
a holder of a farmers' market, vendor or special event permit are
exempt from licensing under this article, 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.
A.
There shall be five classes of licenses that shall correspond to
the type of the business regulated by the weights and measures program
and the amount of time necessary for inspection of the weights and
measures of that business. The fee for the license shall be uniform
for all classes of licenses, in an amount set by the City Council,
and shall not exceed the cost of administering the weights and measures
license program.
B.
The classes of licenses shall be:
(1)
Class 1, which shall cover large grocers (more than two checkout
points);
(2)
Class 2, which shall cover large gas stations (more than 12 fuel
meters) and large retailers (more than two checkout points);
(3)
Class 3, which shall cover businesses that operate vehicle scales,
LPG meters and vehicle tank meters, small gas stations (12 or fewer
fuel meters), and small grocers (two or fewer checkout points);
(4)
Class 4, which shall cover small retailers (two or fewer checkout
points); and
(5)
Class 5, which shall cover laundromats and small businesses not elsewhere
classified.
C.
If a person or entity falls into more than one category, the person
or entity shall be required to obtain the higher (lower-numbered)
classification of license.
[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.
A.
A license issued under this article 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 article shall be for the balance of the year 2006, and
the license fee shall be 1/2 of the cost of a full year's 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.
A.
Annual assessment. In addition to the cost of the license, the City
Council shall annually assess fees to each licensee based on the class
of license 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.
Clerk to prepare assessment schedule. The City Clerk shall at least
annually prepare a proposed schedule of assessments for each class
of license, which shall be based upon the state contract changes,
to be submitted to the City Council. A copy of the proposed schedule
together with notice of the date and time at which the City Council
will consider the assessments shall be mailed to each licensee. If
the Clerk fails to prepare the annual schedule or notify the participant,
the assessment shall not increase over the prior year's assessment.
[Amended 12-18-2012 by Ord. No. 1103]
C.
City Council to determine assessment. At least 10 days after the mailing set forth in Subsection B, the City Council shall consider the Clerk's proposed schedule of assessments and determine the schedule of assessments on a reasonable basis. The City Clerk shall mail to each licensee an invoice for the amount of the fee assessment as determined by City Council, and each licensee shall pay the fee assessed within 30 days after the date the notice was mailed.
[Amended 12-18-2012 by Ord. No. 1103]
D.
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 article if the licensee is delinquent in the payment of a fee
assessed under this article.
E.
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.
F.
Change of ownership. If the ownership of a commercial business licensed
under this article 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 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.
