9.040 License.

(1) Commercial Weights and Measures. Except as provided in subsection (2) of this section, 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 Manitowoc for determining the weight, measure or count unless each such device is licensed as issued pursuant to the provisions of this chapter.

(2) Exemptions. Sales permitted at a farmers market or sales permitted by direct sellers and transient merchants are exempt from licensing under this section.

(3) Transfer of License. No license may be transferred unless otherwise provided for by the ordinances of the City.

(4) Application. 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 device(s) 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.

(5) Issuance of License and Fees. Upon compliance with this section, the City Clerk shall issue a license to the applicant upon payment of an annual license fee set by the City Council. Each store or other business location shall require a separate license. The license fee shall not be prorated for a partial year.

(6) License Term. A license issued under this section shall run from January 1st and expire on December 31st of each year. Each licensee is 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) Enforcement for Nonrenewal. It shall be the duty of the City Clerk to notify and to order the enforcement of the provisions of this chapter in cases involving failure to renew a weights and measures license.

(8) Display of License. All persons licensed under the provisions of this section shall immediately post their license upon a conspicuous part of their premises upon which the business is conducted and the same shall remain posted during the period for which the license is enforced.

[Prior code § 9.04]