[HISTORY: Adopted by the Village Board of the Village of
Richfield 4-16-2009 by Ord. No. 2009-4-3 (Ch. 19 of prior 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.
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.
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.
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 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
or his/her designee 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 Village Clerk or his/her
designee shall issue a license to the applicant upon payment of an
annual license fee set by the Village Board. 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 Village Clerk or his/her designee
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 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
Village Clerk or designee to prepare assessment schedule. The Village
Clerk or designee shall at least annually prepare a proposed schedule
of assessments to be submitted to the Village Board. A copy of the
proposed schedule together with notice of the date and time at which
the Village Board will consider the assessments shall be mailed to
each licensee.[1]
C.Â
Village Board determines assessment. At least 10 days after such
mailing, the Village Board shall consider the Village Clerk's
proposed schedule of assessments and determine the schedule of assessments
on a reasonable basis. The Village Clerk or his/her designee shall
mail to each licensee an invoice for the amount of the fee assessment
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.
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 section 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 section 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.
