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Home My WebLink About34. 12-250 MAY 9, 2012 12-250 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: REPEAL AND AMEND MUNCIPAL ORDINANCE RELATED TO WEIGHTS AND MEASURES FEES INITIATED BY: COMMUNITY DEVELOPMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 29-27 LICENSE FEES FOR WEIGHTS, MEASURES, OR INSTRUMENTS SUBJECT TO THE PROVISIONS OF THIS CODE. The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 29-27 of the Oshkosh Municipal Code pertaining to license fees is hereby repealed and amended to read as follows: DESCRIPTION FEE Annual Base Fee $52.00 Bundled Firewood Dealer $20.00 Group 1 Scales 1-30 lbs. $27.00 Group 2 Scales 1-20 lbs. PLU $30.00 Group 3 Scales 31-550 lbs. $30.00 Group 4 Scales 351-10,000 lbs. $32.00 Group 5 Scales — Hi Accuracy (Grams) $30.00 Group 6 Scales — 10,000-200,000 lbs. $37.00 Pharmacy Weights (Per Set) $37.00 Wire & Cordage Measures $20.00 Linear Measures $10.00 Fabric Measuring Devices $20.00 Timing Devices $15.00 Liquid Measuring Devices $28.00 High Speed Measuring Devices $37.00 Vehicle Tank Meters $35.00 Reverse Vending $27.00 POS Scanners 3 or < $75.00 POS Scanners 4 or > $120.00 Package checking $37.00 SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication. MAY 9, 2012 12-250 ORDINANCE FIRST READING CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #12-XXX A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 29-27 LICENSE FEES FOR WEIGHTS, MEASURES, OR INSTRUMENTS SUBJECT TO THE PROVISIONS OF THIS CODE, on May 22, 2012. The ordinance amends license fee amounts for weights, measures and other similar instruments. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. 4;erue O 3r ��- City of Oshkosh QfHKQfH TO: Honorable Mayor and members of the Common Council FROM: Allen Davis, Community Development Director DATE: May 3, 2012 SUBJECT: Amend Section 29-27 Weights and Measures Fees BACKGROUND Beginning January 1, 2012,the City contracted with the State Department of Agriculture, Trade and Consumer Protection(DATCP)to provide Weights and Measures services. We are currently in this test period for the City and DATCP. The contract expires June 30, 2012. DATCP has provided a proposed contract for July 1, 2012 to June 30, 2013 for $32,000. Based on the proposed DATCP fees and anticipated City staff time for the weights and measures program, staff proposes to reduce fees to businesses by about 50% ANALYSIS DATCP provides trained personnel with the equipment necessary to check scales, scanners, timing devices, fluid dispensers and similar equipment. The City bills the businesses according to the number and type of equipment they use. The program is a self-reporting program for the businesses. The Health Department sent out these bills in May for payment in June. The Health Department also issued Weights and Measures permit certificates for the period from July 1 to June 30 for each year. Based on the proposed DATCP contract and the hours for City staff for the weights and measures program,the estimate for the needed revenue for the weights and measures program would be $60,000 for 2012. The City had estimated it would collect $127,000 in 2011 using the 2011 fee schedule. Since this is the first year of using DATCP and this role has been added to the duties of remaining City staff, there is no record to compare the new arrangement and needed fees. There is a need for some contingency needed for special events (like EAA, the farmers market etc.), new businesses in Oshkosh, new equipment for existing businesses, and complaints that may be reported to the City. Depending on how DATCP performs the service and actual City staff time, fees could be further reduced in 2013. The proposed fees are similar to the fees collected by the City of Fond du lac which also uses DATCP for Weights and Measures services. RECOMMENDATION The City Council approves the attached fee schedule from Section 29-27 Weights and Measures Fees. FISCAL IMPACT The City's 2012 Operating Budget listed Weights and Measures revenue for 2012 as $124,000. Staff's recommendation on fees would reduce Weights and Measures revenue to about $60,000. Since the projected revenue would still cover the anticipated costs, there should be no net effect on the City's 2012 budget. Approved, City Manager Existing Weights & Measures Fees ARTICLE V. FEES SECTION 29-27 FEES Every person or establishment owning or having in their possession any weight, measure or instrument subject to the provisions of this Code is required to possess a valid license from the City Sealer. Fees for licenses required by this Article are due and payable before the issuance of a permit and annually before July 1 of each year, and shall be as follows: DESCRIPTION FEE Annual Base Fee $105.00 Bundled Firewood Dealer $40.00 Group 1 Scales 1-30 lbs. $55.00 Group 2 Scales 1-20 lbs. PLU $60.00 Group 3 Scales 31-550 lbs. $60.00 Group 4 Scales 351-10,000 lbs. $65.00 Group 5 Scales — Hi Accuracy (Grams) $60.00 Group 6 Scales — 10,000-200,000 lbs. $75.00 Pharmacy Weights (Per Set) $75.00 Wire & Cordage Measures $40.00 Linear Measures $20.00 Fabric Measuring Devices $40.00 Timing Devices $25.00 Liquid Measuring Devices- $55.00 High Speed Measuring Devices $75.00 Vehicle Tank Meters $70.00 Reverse Vending $55.00 POS Scanners 3 or< $150.00 POS Scanners 4 or< $240.00 Package checking $75.00 SECTION 29-28 LATE FEES/RE-INSPECTION FEE The license year shall commence on July 1 and licenses shall expire on June 30th of the following year. If the annual renewal fee has not been paid as of July 1, an additional late payment fee of Seventy-five Dollars ($75.00) per establishment shall be required. In addition to any late fee authorized by this section, establishments operating on July 1 without proper licenses will be subject to citation. Establishments are subject to a re-inspection fee of Fifty Dollar($50.00)for all subsequent re-inspections needed to address compliance issues related to the statutes and administrative codes that govern their operation. The re-inspection fee is payable when the re-inspection is completed or is due upon demand from the Health Services Division. SECTION 29-29 DISPLAY All persons licensed under the provisions of this article shall immediately post their license upon some conspicuous part of the premises on which the business is conducted and the license shall remain posted for the period the license is in force. SECTION 29-30 NON-ISSUANCE OR REVOCATION OF PERMITS (A) Unless otherwise specifically provided, licenses and permits required under the provisions of this chapter shall not be issued: