§ 12.26. WEIGHTS AND MEASURES LICENSE. (Cr. Ord. #16-03)

(1)

DEFINITIONS.

(a)

Commercial Weighing or Measuring Devices are those 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 within the Village of Germantown.

(b)

Weights and Measures Program includes administration and enforcement of this section and Ch. 98, Wis. Stats., and any related actions.

(2)

LICENSE REQUIRED.

(a)

Except as provided in paragraph (b), no person shall operate or maintain weights and measures, weighing or measuring devices and systems and accessories relating thereto which are used commercially within the Village of Germantown in determining the weight, measure or count of commodities or things sold or offered or exposed for sale on the basis of weights and measures license issued pursuant to the provisions of this section.

(b)

Occasional sales temporarily permitted by a Village of Germantown Special Event Permit are exempt from licensing under this section.

(3)

APPLICATION. The application for a weighing or measuring device license shall be made in writing on a form provided for such purpose by the Village of Germantown Inspection Department and signed by an individual authorized to sign for the applicant. Such application shall state the type and number of weighing and measuring devices to be licensed, the location of the devices, the applicant's full name and post office address and whether such person is an individual, partnership, limited liability company or corporation. If a partnership, the application shall state the names of partners together with their addresses. If a company or limited liability corporation, the application shall state the names and addresses of all officers and agents of the applicant.

(4)

ISSUANCE of LICENSE. The Village of Germantown Inspection Department shall issue a license to the applicant if the requirements of this Code have been complied with upon payment to the Village of Germantown Inspection Department of the license fees.

(5)

TERM. Licenses issued under this section shall expire on March 31 of each year.

(6)

ENFORCEMENT FOR NONRENEWAL. It shall be the duty of the Village of Germantown Inspection Department to notify the Village Attorney and other appropriate Village officials and to order the immediate enforcement of the provisions of this section in cases involving failure to renew a weighing or measuring device license. Said 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 section.

(7)

FEES. (Am. Ord. #9-05; Am. Ord. #01-06; Rep. & Recr. Ord. #2-11)

(a)

The Village Board shall establish a fee schedule by resolution for each type of weighing and measuring device for which a license is required under this section and applicable state statutes.

(b)

The Inspection Department shall prepare an annual billing invoice and mail such notice with a copy of the fee schedule to each current licensee at the licensee's last known address as shown on the previous year application form.

(c)

A late fee will be charged and shall be paid prior to issuance of a weights and measures license if payment of all fees is not received on or before the due date shown on the billing invoice.

State law reference— Weights and measures, Wis. Stats. ch. 98.