[HISTORY: Adopted by the Common Council of the City of Rice Lake 11-27-2001
by Ord. No. 01-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: Section IV of this ordinance provided for the
following: "This ordinance shall be in full force and effect from and after
its passage and publication, but no earlier than July 1, 2002. Initial permits
issued pursuant to this ordinance shall be effective July 1, 2002."
Except as otherwise specifically provided in this chapter, the statutory
provisions provided in this chapter, the statutory provisions of Chapter 98,
Weights and Measures, W.S.A. 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 future amendments, revisions or modifications of the
statutes incorporated herein or Wis. Adm. 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.
In order to assure compliance with this chapter, the City 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:
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.
The program that includes administration and enforcement of this
chapter, W.S.A. ch. 98 and applicable Wis. Adm. Code provisions and any related
actions.
A.Â
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 City 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.Â
Exemptions. Sales permitted at a farmers' market
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 City 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.
Upon compliance with this chapter, the City Clerk shall issue a license
to the applicant upon payment of an annual license fee set by the Common Council.
Each store or other business 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.
It shall be the duty of the City Clerk to notify the appropriate City
officials and to order the immediate enforcement of the provisions of this
chapter in cases involving a failure to renew a 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 chapter.
A.Â
Annual assessment. The Common Council shall annually
assess fees to each licensee based on the number and types of weighing and
measuring devices licensed 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.
B.Â
Clerk to prepare assessment schedule. The City Clerk
shall at least annually prepare a proposed schedule of assessments to be submitted
to the Common Council. A copy of the proposed schedule, together with notice
of the date and time at which the Common Council will consider the assessments,
shall be mailed to each licensee.
C.Â
Common Council determines assessment. At least 10 days
after such mailing, the Common 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 to the licensee as determined by the Common Council,
and each licensee shall pay the fee assessed within 30 days after the date
the invoice is mailed.
D.Â
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 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 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 license shall be issued or renewed
under this chapter if the licensee is delinquent in the payment of a fee assessed
under this chapter.
E.Â
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.Â
Change of ownership. If the ownership of a commercial
business licensed under this chapter 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 chapter.
In addition to any other remedy, any person who fails to comply with
the provisions of this chapter shall, upon conviction thereof, forfeit not
less than $250 nor more than $500. Each day a violation exists or continues
shall constitute a separate offense.