[HISTORY: Adopted by the Village Board of the Village of
Rothschild 5-8-2000 (Sec. 11.24 of the 1967 Code). Amendments noted where applicable.]
Except as otherwise specifically provided in this chapter, the
statutory provisions of Ch. 98, Weights and Measures, Wis. Stats.,
and Ch. ATCP 92, Weights and Measures, Wis. Adm. 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. This chapter is adopted pursuant to the provisions of Ch.
98, Wis. Stats.
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:
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, Ch. 98, Wis. Stats., and applicable Wisconsin Administrative
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 Village of Rothschild 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 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. 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.
[Amended 8-24-2020]
Upon compliance with this chapter, the Village Clerk shall issue
a license to the applicant upon payment of the license fee set by
the Village Board. 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 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 Village Board may 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 and relative to the Village's
costs for services from the Wisconsin Department of Trade, Agriculture
and Consumer Protection. The total of the fees assessed and the fees
collected shall not exceed the actual costs of the Weights and Measurers
Program.
[Amended 8-24-2020]
B.Â
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 may consider the assessments, shall be
mailed to each licensee.
[Amended 8-24-2020]
C.Â
Village Board determines assessment. At least 10 days after such
mailing, the Village Board may 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.
[Amended 8-24-2020]
D.Â
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 section.
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 section.
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.
