The statutory provisions of Ch. 98, Wis. Stats., and Ch. ATCP
92, Weighs 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 further 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, items, 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.
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 of 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Upon compliance of 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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Pursuant to § 98.04(2), Wis. Stats., the Department
of Agriculture, Trade and Consumer Protection enforces this chapter
within the Village of Hales Corners and charges the costs thereof
to the Village of Hales Corners upon an itemized service fee assessment
per licensee basis following the expiration of each license year on
June 30. In order to defray such costs to the Village, each license
applicant, in addition to the license fee set by the Village Board,
shall pay to the Village, together with the license fee, as a condition
of obtaining such license, a per-scale fee and a per-meter fee set
by the Village Board.
Any person or entity who shall violate any provision of this chapter shall be subject to the penalties and remedial actions as provided in §
1-4 of this Code and, in addition thereto, the penalties and remedial actions available under § 98.26, Wis. Stats.