[HISTORY: Adopted by the Common Council of the City of Franklin 12-3-2002
by Ord. No. 2002-1736. This ordinance also repealed former
Ch. 26, Department of Weights and Measures, adopted 8-5-1997
by Ord. No. 97-1461 as Sec. 1.07 of the 1997 Code, as amended.
Amendments noted where applicable.]
The statutory provisions of Ch. 98, Wis. Stats., and Wisconsin Administrative
Code, ATCP 92, Weighing and Measuring Devices, 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 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 chapter. This chapter is adopted pursuant to the provisions
of Chapter 98, Wis. Stats.
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, items, 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, Chapter 98, Wis. Stats., Wisconsin Administrative Code provisions
and any related actions.
A.
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 of Franklin 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.
Exemptions. Sales permitted at St. Martins Fair or sales
permitted by direct seller, 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 of this chapter, the City Clerk shall issue a license to the applicant upon payment of the license fee as set forth in Ch. 169, Licenses and Permits. Each store or 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.
Pursuant to § 98.04(2), Wis. Stats., the Department of Agriculture, Trade and Consumer Protection enforces this chapter within the City of Franklin and charges the costs thereof to the City of Franklin upon an itemized service fee assessment per licensee basis following the expiration of each license year on June 30; the City shall invoice such actual service costs to each licensee by regular mail, and each licensee shall pay such invoice within 30 days of the date of the City mailing thereof. Payment of the service fee assessment by a licensee shall be in addition to the payment of the annual license fee set forth under § 26-6 of this chapter. A licensee's failure to timely pay the fee assessment shall be grounds for the suspension or revocation of any municipal license held by such licensee, and the payment of such fee assessment shall be a precondition to the issuance of any renewal, subsequent or other municipal license to such licensee.
