The statutory provisions of W.S.A., ch. 98, Weights and Measures,
and Wis. Adm. Code, ATCP 92, Weighing and Measuring Devices, are hereby
adopted and by reference made a 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 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
section. This section is adopted pursuant to the provisions of W.S.A.,
ch. 98.
[Ord. No. 827, § 1, 6-15-2010]
(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 Village shall contract with the State
of Wisconsin Department of Agriculture, Trade and Consumer Protection,
pursuant to W.S.A., § 98.04(2), in lieu of the establishment
of a department of weights and measures.
(b)
Appointment of inspectors. The provisions of the contact set forth in Subsection (a), shall provide for the enforcement of the statutes and regulations set forth herein, and 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)
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.
[Ord. No. 827, § 1, 6-15-2010]
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 section, W.S.A., ch. 98, applicable Wisconsin Administrative
Code provisions, and any related actions.
[Ord. No. 827, § 1, 6-15-2010]
(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 section unless the person or entity is licensed by a weights and measures license issued pursuant to the provisions of this section.
(b)
Exemptions. Sales by a person registered as a direct seller, or by
a holder of a farmer's market, vendor or special event permit
are exempt from licensing under this section, 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 Village with his or her application for said
permit.
[Ord. No. 827, § 1, 6-15-2010]
An application for a weights and measures license shall be made
in writing on a form provided by the Village 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 check-out 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.
[Ord. No. 827, § 1, 6-15-2010]
Upon compliance with this section, the Village 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 as specified in the
most current Village Board resolution. Each store or other business
shall require a separate license.
[Ord. No. 827, § 1, 6-15-2010]
(a)
A license issued under this section 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 section shall be for the balance of the year 2010, and
the license fee shall be 1/2 of the cost of a full-year's license.
[Ord. No. 827, § 1, 6-15-2010]
It shall be the duty of the Village Clerk to notify appropriate
Village officials and to order the immediate enforcement of the provisions
of this section 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 section.
[Ord. No. 827, § 1, 6-15-2010]
(a)
Annual assessment. In addition to the cost of the license, the Village
Board 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 Village and the state.
(b)
Clerk to prepare assessment schedule. The Village 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 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. If
the Clerk fails to prepare the annual schedule or notify the participant,
the assessment shall not increase over the prior year's assessment.
(c)
Village Board to determine assessment. At least 10 days after the mailing set forth in Subsection (b), 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 notice was mailed.
(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 section if the licensee is delinquent in the payment of a fee
assessed under this section.
(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 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.
[Ord. No. 827, § 1, 6-15-2010]
In addition to any other remedy, any person who fails to comply
with the provisions of this section shall, upon conviction thereof,
forfeit not less than $100 nor more than $250 plus court costs. Each
day a violation exists or continues shall constitute a separate offense.
