[HISTORY: Adopted by the Village Board of the Village of Shorewood 5-17-2004 Ord. No. 1869 (§ 10-1702 of the 1986 Code). Amendments noted where applicable.]
Except as otherwise specifically provided in this chapter, the statutory provisions of Chapter 98, Weights and Measures, of the Wisconsin Statutes and Chapter ATCP 92, Weighing and Measuring Devices, of the Wisconsin Administrative 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 future 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.
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, 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 MEASURERS 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.
License requirements. Except as provided in Subsection B, no person shall operate or maintain any commercial weighting or measuring devices or any other weights and measures or systems and accessories related thereto which are used commercially within the Village of Shorewood 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.
Exemptions. Sales permitted at a farmers' market or sales permitted by direct sellers, transient merchants and solicitors, which are otherwise authorized under the Shorewood Village Code and other applicable laws, 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.
Upon compliance with this chapter, the Village Clerk shall issue a license to the applicant upon payment of an annual license fee as listed in the Village Fee Schedule. Each store or other 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.
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 chapter in cases involving a failure to renew a weights and measures license. A licensee shall be prohibited from operating or maintaining a weighting or measuring device until such time as a valid license has been obtained under the provisions of this chapter.
Annual assessment. The Village Board 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 Measurers Program.
Clerk to prepare assessment schedule. The Village Clerk shall at least annually prepare a proposed schedule of assessments, and the Clerk's proposed schedule shall be submitted to the Village Board. A copy of the proposed schedule together with notice of the date and time at which the Board will consider the assessments shall be mailed to each licensee.
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 assessed 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.
Failure to pay assessment. If the assessed fee is not paid within 30 days of the date of mailing of the invoice, an additional administrative collection charge of 10% of the fee shall be added to the amount due, plus interest shall accrue thereon at the rate of 1% per month or fraction thereof until paid. 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 charge against the real estate premises for current services, as provided in § 66.0627, Wis. Stats. 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.
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.
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.