[HISTORY: Adopted by the Village Board of the Village of Hales Corners 5-10-2004 by Ord. No. 04-08 (§ 11.24 of the Municipal Code). Amendments noted where applicable.]
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.
A. 
License requirements. Except as provided in Subsection B, no person shall operate or maintain any commercial weighing or measuring devices or any other weights and measures or systems and accessories related thereto which are used commercially within the Village of Hales Corners for determining the weight, measure or count unless each such device is licensed by an annual weights and measures license issued pursuant to the provisions of this chapter.
B. 
Exemptions. Sales permitted at any farmers' market or other similar event in the Village which has been otherwise lawfully permitted, licensed or approved as required by the Village Code or sales permitted by direct sellers, transient merchants and solicitors are exempt from licensing under this chapter.
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.