[Code 1993, § 12.01; Ord. No. 3-01, § 12.01(10), 9-24-2001; Ord. No. 3-02, § 12.01, 3-25-2002; Ord. No. 15-2005, § I, 8-8-2005; amended 6-22-2015 by Ord. No. 05-2015]
(a) Unless otherwise indicated, a license and annual fee shall be required
as follows:
(1)
Amusement centers: $500.
Plus, per device: $40.
(4)
Closing out sales:
a.
Not to exceed 15 days: $25.
b.
Not to exceed 30 days: $50.
c.
Not to exceed 60 days: $75.
d.
Additional days shall be $1 per $1,000 of the price set forth
on the inventory.
(6)
Direct sellers: $50.
Four days or less: $25.
(7)
Festival licenses: $100.
Plus, per day: $50.
(8)
Junk and salvage dealers: $250.
(10)
Massage therapy establishments: $100.
(11)
Pool halls, billiard halls and bowling alleys, per table or
bowling alley: $25.
(12)
Tents and temporary structures: $50.
(13)
Watchman and guard permits:
a.
Applicant, issuance and annual renewal: $5.
b.
Employing agent, upon filing application: $10.
(15)
Weights and measures program.
a.
Application of state codes. Except as otherwise specifically
provided in this section, the statutory provisions provided in this
section, the statutory provisions of Wis. Stats. Ch. 98, Weights and
Measures, and Admin. Code, ATCP 92, Weighing and Measuring Devices,
are hereby adopted and by reference made part of this section 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 section. Any future amendments, revisions or
modifications of the statutes incorporated herein or Wisconsin Administrative
Code provisions incorporated herein are intended to be made part of
this section. This section is adopted pursuant to the provisions of
Wis. Stats. Ch. 98.
b.
Appointment of inspectors. In order to assure compliance with
this section, the Village hereby grants the authority and duties of
sealers and inspectors required by this section to the State of Wisconsin
Department of Agriculture, Trade and Consumer Protection.
c.
Definitions.
1.
COMMERCIAL WEIGHING OR MEASURING DEVICES — 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 and measure.
2.
WEIGHTS AND MEASURES PROGRAM — The program that includes
administration and enforcement of this section, Wis. Stats. Ch. 98,
and applicable Wisconsin Administrative Code provisions, and any related
actions.
d.
Weights and measures license required.
1.
License requirements. Except as provided in Subsection (a)(15)d2,
no person shall operate or maintain any commercial weighing or measuring
devices, or any other weights and measures systems and accessories
related thereto which are used commercially within the Village 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 section.
2.
Exemptions. Sales permitted at a farmers market or sales permitted
by direct sellers, transient merchants, and solicitors are exempt
from licensing under this section.
e.
Application for license. 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 or limited liability
company, the application shall state the name and address of all officers
and agents of the applicant, including the registered agent thereof.
f.
Issuance of license and fees. Upon compliance with this section,
the Village Clerk shall issue a license to the applicant upon payment
of an annual license fee set by the Village Board. Each store or other
business shall require a separate license. The license fee shall not
be prorated for a partial year.
g.
License term. A license issued under this section shall expire
on June 30 of each year.
h.
Enforcement for nonrenewal. It shall be the duty of the Village
Clerk to notify the appropriate Village officials and to order the
immediate enforcement of the provisions of this section in cases involving
a failure to renew weights and measures license. A licensee shall
be prohibited from operating or maintaining a weighing or measuring
device until such time as a valid license has been obtained under
the provisions of this section.
i.
Fees assessment.
1.
Annual assessment. The Village Board shall annually assess fees
to each licensee based on the number and types of weighing and measuring
devices licenses as of July 1 of each year. The total of the fees
assessed and the fees collected shall not exceed the actual costs
of the weights and measures program.
2.
Clerk to prepare assessment schedule. The Village Clerk shall
at least annually prepare a proposed schedule of assessments to be
submitted to the Village Board. A copy of the proposed schedule together
with notice of the date and time at which the Village Board will consider
the assessments shall be mailed to each licensee.
3.
Village Board determines assessment. At least 10 days after
such mailing the Village Board shall consider the Clerk's proposed
schedule of assessments and determine the schedule of assessments
on a reasonable basis. The Village Clerk shall mail to each licensee
an invoice for the amount of the fee assessment to the licensee as
determined by the Village Board and each licensee shall pay the fee
assessed within 30 days after the date the invoice is mailed.
4.
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 10% of the total fee shall be added to the amount
due, plus interest shall accrue thereon at the rate of one point 5%
per month or fraction thereof until paid. To the extent permitted
by law, if the licensee is the owner of the real estate premises where
the licensed weights and measures devices are located, any delinquent
assessment shall be extended upon the current or the next tax roll
as a special charge against the real estate premises for current services.
No licensee shall be issued or renewed under this section if the licensee
is delinquent in the payment of a fee assessed under this section.
5.
Mailing of notices. Schedules, notices and invoices shall be
considered mailed to the licensee when mailed by first class mail,
postage prepaid, to the licensee at the licensee's address as shown
on the application form.
6.
Change of ownership. If the ownership of a commercial business
licensed under this section 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 section.
j.
Penalty. In addition to any other remedy, any person who fails
to comply with the provisions of this Subsection (a)(15) shall, upon
conviction thereof, forfeit not less than $250 no more than $500.
Each day a violation exists or continues shall constitute a separate
offense.
k.
Contract with State of Wisconsin. In lieu of enforcing the weights
and measures ordinance, the Village Board of Mt. Pleasant may contract
with the State of Wisconsin Department of Agriculture, Trade and Consumer
Protection to furnish the services and perform the duties of sealers
of weights and measures required in Wis. Stats. § 98.04(1),
as amended. In the event the Village contracts with the state or renews
any existing contract the Village may collect fees not to exceed the
costs pursuant to statute.