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:
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 or measure.
WEIGHTS AND MEASURES PROGRAM
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.
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.
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.